Overview of Massachusetts Drug Laws
Most Massachusetts drug offenses are codified within G.L. c. 94C. Drugs are divided into five classes. The classification of the drug, together with the amount of the drug seized, usually determines the penalty scheme applied to a defendant’s alleged crime. Additionally, statutes such as G.L. c. 94C, §32J, punish defendants even more severely for violating the controlled substances laws by manufacturing or distributing, or possessing with intent to distribute, controlled substances within 1000 feet of a school zone or public parks/playgrounds. A “school zone” includes public, private elementary, vocational, or secondary schools, as well as the land surrounding those schools.
Defense of Drug Offenses
For a Woburn Drug Crimes Defense Lawyer, the first line of defense against a drug offense is almost always a motion to suppress. In such a motion, the defense lawyer is seeking a court ruling “suppressing” the drugs as the fruits of an unconstitutional search and seizure. Unless they are in possession of a search warrant, the police, in violation of a suspect’s constitutional rights, act on a hunch, rather than probable cause, when they search the suspect. “Probable cause” requires the police to have articulable facts from which they could reasonable infer the presence of drugs on the person they search. Of course, in real life, the police search first and, if they find drugs, create the “reasons” afterwards. In short, it is not uncommon for the police to fabricate reasons supporting their search in an effort to persuade the court that the search was “good.” In this War on Drugs, the police quest for controlled substances has eroded the rights of citizens to be free of random, arbitrary and, at times, harassing police interference. Because judge’s are loath to suppress evidence, to win a motion to suppress, a Massachusetts Drug Crimes Lawyer must thoroughly research the case law, draft a convincing motion to suppress and skillfully attack the police during cross-examination.
Classification of Controlled Substances (G.L. c. 94C, §31)
Statute divides drugs into five classes:
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. Below please find summaries of the important statutes detailing the punishments for manufacturing Class A thru Class D controlled substances.
Class A (G.L. c. 94C, §32)
Penalties:
1st 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.
2nd + 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 (G.L. c. 94C, §32A)
Penalties:
1st 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.
2nd + 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 (G.L. c. 94C, §32B)
Penalties:
1st 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.
2nd + 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 (G.L. c. 94C, §32B)
Penalties:
1st 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.
2nd + 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 is, essentially, the illegal transportation of large quantities of controlled substances. Like Manufacturing, the punishment for Trafficking is determined by the amount and class of controlled substance seized. Below please find summaries of the important statutes detailing the punishments for manufacturing Class A thru Class D controlled substances.
Trafficking in Marihuana
Penalties: according to pounds of marihuana 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.
100-2000 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.
2000-10,000: 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 $5000 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: according to 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: 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: 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.
Cambridge, MA Drug Crimes Lawyer Explains:
Trafficking in Heroin, Morphine or Opium
Penalties: according to 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: 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, on-air legal analyst, and author of the best selling book, Relentless Criminal Cross-Examination. Call us at 617-492-0055 to schedule a free in-office consultation with Attorney Mahoney.
