Simple Drug Possession
While Massachusetts does not punish simple possession of a controlled substance as severely as it does possession with intent to distribute or trafficking in controlled substances, being charged with a drug offense is no small matter. To protect you from the many ways a criminal conviction may harm your future employment prospects, retain an experienced and aggressive Cambridge, MA Drug Crimes Lawyer. Massachusetts G.L. c. 94C, §34 criminalizes the possession of certain drugs, classifying them by their perceived dangerousness:
- Class A: Heroin, Morphine, Codeine
- Class B: Cocaine, LSD, Opium, Oxycontin, Ecstasy, Amphetamines and Methamphetamines
- Class C: Chlordiazepoxide, Clonazepam, Vicodin, Valium, Mescaline, Peyote
- Class D: Barbital, Phenobarbital, Marijuana
- Class E: Prescription drugs not listed in Class A, B, or C
What Constitutes Possession?
Under Massachusetts case law, “possession” implies an individual’s control and power, exclusive or joint, or, if the defendant is accused of “constructive possession,” knowledge coupled with the ability and intention to exercise dominion and control, over the illicit drug. Courts allow prosecutors to prove possession of a controlled substance with circumstantial evidence. If prosecutors do not possess evidence that the accused physically possessed the illegal drug, they must proceed on a theory of “constructive possession.” To prove constructive possession, ordinarily prosecutors must establish the accused’s presence near the drug, together with other circumstantial evidence. A defendant’s presence alone is not sufficient to prove that he knew the drugs were present or that he had any control over them. This may even be true where the police have removed the defendant (passenger) from a motor vehicle within which they discovered the drugs or contraband. If you have been charged with cocaine, heroin, oxycontin, or methamphetamine possession, contact Kevin J. Mahoney a Cambridge, MA Drug Possession Defense Lawyer at 617-492-0055 to arrange a free in-office consultation.
Punishments
Section 34 of the Controlled Substances Act discusses the unlawful possession of controlled substances. Heroin and marijuana in particular have specific punishments (MGL c.94C, §34). If found guilty of possession of a controlled substance, the punishments are as follows:
- Possession (all classes of drugs unless otherwise specified)
- First Offense: maximum 1 year imprisonment or fined $1,000 or both
- Second Offense of possession, or first possession with a prior drug conviction: 2 years maximum in the house of correction or $2,000 maximum fine, or both
- Heroin
- First Offense: maximum 2 years in the house of correction or fine of a maximum of $2,000, or both
- Second Offense: minimum 2 ½ years in the state prison with a maximum of 5 years, or by a fine of $5,000 maximum and imprisonment in a jail or house of correction for a maximum of 2 ½ years
- Class E drugs, and possession of over 1 ounce of marijuana
- First Offense: maximum of 6 months in the house of correction or fined $500, or both
- Possession marijuana or Class E with no prior convictions for ANY drug offense (such as possession with intent to distribute, trafficking, etc.): the defendant will be placed on probation (unless the defendant does not consent to probation or unless the court files a written memorandum specifying why probation is not appropriate)
