Being charged with distributing or trafficking controlled substances is unnerving. Massachusetts, like many states, severely punishes those convicted of these offenses. If you are charged with a drug offense, taking the time to review the qualifications of various Cambridge, MA Drug Trafficking Lawyers is an important first step in dealing with this charge – educating yourself. We hope the information we provide on this website is useful to you and that you will consider allowing us to assist you with your case. The government has declared war on drugs or, more specifically on you. We are prepared to go to war for you.

If you have been charged with drug possession, drug distribution, or cocaine trafficking, heroin trafficking, Oxycodone distribution, or marijuana cultivation call Cambridge Drug Trafficking Defense Lawyer Kevin J. Mahoney or use our online contact form to schedule a free in-office consultation.

What is Distribution and Trafficking?

In Massachusetts, trafficking in controlled substances and distribution of controlled substances are, essentially, the same crimes. The Commonwealth indicts an individual for trafficking, rather than distribution, in a controlled substance of G.L. c. 94C, § 32E if law enforcement has gathered evidence that he knowingly or intentionally manufactured, distributed, or dispensed or possessed with intent to manufacture, distribute, or dispense or brought into the Commonwealth a net weight of at least 14 grams or more of the controlled substance. If the net weight of the controlled substance weighs less than 14 grams, the Commonwealth charges the individual with possession with intent to distribute.

How Does the Prosecution Prove Distribution?

Obviously, the possession of a large quantity of a controlled substance raises a permissible inference of the individual’s intent to distribute it. However, an individual may be charged with possession with intent to distribute of a quantity of a controlled substance that is consistent with personal use. Aside from the quantity or evidence of drug sales, such as controlled buys, law enforcement and our courts assess the presence of indices of distribution to separate those who possess the narcotic with the intent of selling from those who intend to use it personally. Those indices include:

Manner and consistency of packaging (i.e., heroin packaged in one dose per glassine bag, bundled into larger amounts, and consistently branded);
Adulterants used to “cut” a narcotic (“Cutting” refers to adding substances to a controlled substance to increase its weight and/or decrease its potency; cocaine may be cut with, for example, inositol powder, corn starch, talcum powder);
Scales, packaging materials, and notations of transactions;
Weapons;
Location of the illicit narcotic (i.e., hidden in a wall); and,
Large amount of cash

With the exception of less than an ounce of marijuana, the crime of distribution is not necessarily limited to sales of illicit narcotics. Possessing a controlled substance, such as heroin or cocaine, with the intent of either sharing it or giving it away is considered distribution.

What are the Possible Penalties for Trafficking and Distribution?

Although the crimes of distribution and trafficking are nearly identical, the penalties are much more severe for trafficking, as it involves a larger quantity of the illegal drugs. We have summarized the statutory penalties for convictions of the various drug distribution and trafficking crimes below. Please be aware that although the statutes often seem to require imprisonment and large fines, we have had success in persuading prosecutors to reduce the charges and agree to recommend no imprisonment or reduced terms of imprisonment for cocaine trafficking, heroin distribution and oxycontin distribution. In some instances, we have persuaded prosecutors to agree to plea bargains that result in no conviction following a period of probation.

Penalties for Possession with Intent to Distribute

Class A Controlled Substances:
First Offense: punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2 ½ years or by a fine of not less than $1,000 nor more than $10,000 or by both such fine and imprisonment.
Second + Offense: punished by a term of imprisonment in the state prison for not less than 3 1/2 years (minimum mandatory) nor more than 15 years and a fine of not less than $2,500 nor more than $25,000.

Class B Controlled Substances (Applies to all Class B substances, except PCP, which is punished more severely):
First Offense: punished by imprisonment in the state prison for not more than 10 years or the house of correction for not more than 2 ½ years, or by a fine of not less than $1,000 nor more than $10,000, or both such fine and imprisonment.
Second + Offense: punished by a term of imprisonment in the state prison for not less than 2 (minimum mandatory) nor more than 10 years and a fine of not less than $2,500 nor more than $25,000.

Class C Controlled Substances
First Offense: punishment by imprisonment in state prison for not more than 5 years or the house of correction for not more than 2 ½ years, or by a fine of not less than $500 nor more than $5,000, or both such fine and imprisonment.
Second + Offense: punished by imprisonment in the state prison for not less than 2 ½ years nor more than 10 years or the house of correction for not less than 18 months (minimum mandatory) more than 2 ½ years and a fine of not less than $1,000 nor more than $10,000 may be imposed.

Class D Substances
First Offense: punished by imprisonment in the house of correction for not more than 2 years or by a fine of not less than $500 nor more than $5,000, or both such fine and imprisonment.
Second + Offense: punished by imprisonment in the house of correction for not less than 1 year nor more than 2 ½ years, or by a fine of not less than $1,000 nor more than $10,000, or both such fine and imprisonment.

Class E Substances
First Offense: punished by imprisonment in the house of correction for not more than 9 months, or by a fine of not less than $250 nor more than $2,500, or both such fine and imprisonment.
Second + Offense: punished by a term of imprisonment in the house of correction for not more than 1 ½ years, or by a fine of not less than $500 nor more than $5,000, or both such fine and imprisonment.

Cambridge Drug Crimes Lawyer Explains Penalties for Distributing and Trafficking

Manufacturing, Distributing, etc. of Controlled Substances

The manufacturing, distributing or possessing (with intent to manufacture, distribute or dispense) of controlled substances is punished quite severely here in Massachusetts. Punishments for manufacturing, etc., in controlled substances is determined by the amount and the class of controlled substance. As a public service, below we summarize relevant statutes detailing the punishments for manufacturing Class A thru Class D controlled substances.

Class A: Penalties According to G.L. c. 94C, §32:
First offense: imprisonment in the state prison for not more than 10 years or in the House of Corrections for not more than 2 1/2 years or by a fine of less than $1,000 nor more than $10,000 or by both fine and imprisonment.
Second + offense: imprisonment in state prison for not less than 3 1/2 years nor more than 15 years (with a mandatory minimum of 3 1/2 years to 5 years and a day) and a fine of not less than $2,000 nor more than $25,000.

Class B: Penalties According to G.L. c. 94C, §32A:
First offense: imprisonment in the state prison for not more than 10 years or in the House of Corrections for not less than 2 1/2 years, or by a fine of not less than $1,000 and not more than $10,000 or by both fine and imprisonment.
Second + offense: imprisonment in state prison for not less than 2 years nor more than 10 years (with a mandatory minimum of 2 years) and a fine of not less than $2,500 nor more than $25,000.

Class C: Penalties According to G.L. c. 94C, §32B:
First offense: imprisonment in the state prison for not more than 5 years or in the House of Corrections for not less than 2 1/2 years, or by a fine of not less than $500 and not more than $5,000 or by both fine and imprisonment.
Second + offense: imprisonment in state prison for not less than 2 1/2 years nor more than 10 years (with a mandatory minimum of 18 months) and a fine of not less than $1,000 nor more than $10,000.

Class D: Penalties for Violating G.L. c. 94C, §32B:
First offense: imprisonment in the House of Corrections for not more than 2 years, or by a fine of not less than $500 and not more than $5,000 or by both fine and imprisonment.
Second + offense: imprisonment in the House of Corrections for not less than 1 year nor more than 2 1/2 years or by a fine of not less than $1,000 nor more than $10,000 or by both fine and imprisonment.

Trafficking Controlled Substances (G.L. c. 94C, §32E)

Trafficking penalties are determined by the amount and class of the controlled substance seized.

Trafficking in Marihuana
Penalties: punished according to quantity of pounds seized:
50-100 lbs: imprisonment in the state prison for not less than 2 1/2 years nor more than 15 years or by imprisonment in the House of Corrections for not less than 1 year nor more than 2 1/2 years. Mandatory minimum is 1 year in prison and a fine of not less than $500 nor more than $10,000.
100-2,000 lbs: imprisonment in the state prison for not less than 2 years nor more than 15 years. Mandatory minimum is 2 years in prison and a fine of not less than $500 nor more than $25,000.
2,000-10,000 lbs: imprisonment in the state prison for not less than 3 1/2 years nor more than 15 years. Mandatory minimum is 3 1/2 years in prison and a fine of not less than $5,000 nor more than $50,000.
10,000+ lbs: imprisonment in the state prison for not less than 8 years nor more than 15 years. Mandatory minimum is 8 years in prison and a fine of not less than $20,000 nor more than $200,000.

Trafficking in Class B (Cocaine, Amphetamines, LSD etc.)
Penalties: punished according to quantity of grams seized:
18-36 grams: imprisonment in the state prison for not less than 2 years nor more than 15 years. Mandatory minimum is 2 years in prison and a fine of not less than $2,500 nor more than $25,000.
36-100 grams: imprisonment in the state prison for not less than 3 1/2 years nor more than 20 years. Mandatory minimum is 3 1/2 years in prison and a fine of not less than $5,000 nor more than $50,000.
100-200 grams: imprisonment in the state prison for not less than 8 years nor more than 20 years. Mandatory minimum is 8 years in prison and a fine of not less than $10,000 nor more than $100,000.
200 + grams: imprisonment in the state prison for not less than 12 years nor more than 20 years. Mandatory minimum is 12 years in prison and a fine of not less than $50,000 nor more than $500,000.

Trafficking in Heroin, Morphine or Opium
Penalties: punished according to quantity of grams seized
18-36 grams: imprisonment in the state prison for not less than 3 1/2 years nor more than 20 years. Mandatory minimum is 3 1/2 years in prison and a fine of not less than $5,000 nor more than $50,000.
36-100: imprisonment in the state prison for not less than 5 years nor more than 20 years. Mandatory minimum is 5 years in prison and a fine of not less than $5,000 nor more than $50,000.
100-200 grams: imprisonment in the state prison for not less than 8 years nor more than 20 years. Mandatory minimum is 8 years in prison and a fine of not less than $10,000 nor more than $100,000.
200 + grams: imprisonment in the state prison for not less than 12 years nor more than 20 years. Mandatory minimum is 12 years in prison and a fine of not less than $50,000 nor more than $500,000.

Kevin J. Mahoney is a Cambridge Drug Crimes Lawyer. Call us at 617-492-0055 to arrange a free in-office consultation.