Possession with Intent to Distribute Controlled Substances in Massachusetts

Distribute illegal drugs is a serious offense in Massachusetts and is treated as a felony. Massachusetts law, specifically Chapter 94C Section 31 of the General Laws, categorizes controlled substances into different classes (A through E), each with varying penalties. To secure a conviction for possession with intent to distribute, the prosecution must demonstrate beyond a reasonable doubt that the accused knowingly or intentionally possessed a controlled substance with the intention of distributing it. It’s important to note that the law doesn’t require proof that the drugs were intended to be sold; simply holding onto drugs for transfer to another person can result in a conviction.

For more information on drug possession laws and the potential consequences, you can refer to our page on Possession of Drugs.

Penalties for Possession with Intent to Distribute Marijuana

In Massachusetts, marijuana is classified as a Class D substance under Chapter 94C Section 32C. If convicted of possession with intent to distribute marijuana, an individual could face up to two years in jail and a fine of $500 or both. Repeat offenses come with even harsher penalties, including a maximum sentence of 2½ years in jail, along with fines ranging from $1,000 to $10,000.

Penalties for Possession with Intent to Distribute Cocaine

Cocaine is categorized as a Class B drug under Massachusetts law, governed by Chapter 94C Section 32A. Possession with intent to distribute cocaine carries severe penalties, with potential jail time of up to 2½ years and fines between $1,000 and $10,000. Massachusetts law treats cocaine possession seriously, often allowing first-time offenses to be tried in Superior Court, where a person could face a maximum of 10 years in prison. Repeat offenders can be sentenced to up to 10 years in state prison, with fines as high as $25,000.

Another Class B substance, Phencyclidine (PCP), is subject to even stricter laws. A conviction for possession with intent to distribute PCP can result in up to 2½ years in jail or up to 10 years in state prison, along with fines between $1,000 and $10,000. Those convicted of a second or subsequent offense for distributing PCP could face a maximum of 15 years in prison, underscoring the gravity with which Massachusetts treats this offense.

Penalties for Possession with Intent to Distribute Heroin

Heroin, classified as a Class A drug under Chapter 94C Section 32, carries some of the most severe penalties under Massachusetts law. A first offense can lead to jail time of up to 2½ years or up to 10 years in state prison, along with fines between $1,000 and $10,000. For repeat offenses, the mandatory minimum prison sentence increases significantly, with a second offense requiring at least five years and up to 15 years in state prison. Fentanyl, another highly potent substance, is also classified as a Class A drug and is subject to similar penalties.

Possession with intent to distribute any controlled substance in Massachusetts is a serious matter. Each case carries specific legal challenges and consequences, which vary depending on the type and quantity of the substance involved. If you or someone you know is facing charges, it’s essential to seek legal guidance to navigate this complex area of law.

If you’re facing drug possession charges in Massachusetts, it’s essential to have a skilled attorney on your side who understands the legal landscape and can provide strong representation. Attorney Adela Aprodu, with over 10 years of experience, has successfully defended numerous clients in complex drug cases across the state. Her in-depth knowledge of Massachusetts drug laws, combined with her commitment to protecting her clients’ rights, ensures that you receive fair and strategic representation. Attorney Aprodu works tirelessly to achieve the best possible outcomes, and her experience can make a critical difference in your case. Don’t face these charges alone—reach out to Attorney Aprodu for the knowledgeable support you need.