Possession of Drugs

Drugs charges in Massachusetts are taken very seriously, and a conviction can carry heavy consequences. Beyond possible jail time, a conviction may result in significant fines, mandatory substance abuse programs, and social stigma, especially for repeat offenses.

A skilled Boston criminal defense attorney, experienced in drug cases, can make a difference. A knowledgeable attorney understands how evidence is gathered by law enforcement, and they know that only evidence obtained through constitutional methods can be used in court. If drugs were found on you or in your vehicle through an unlawful search, an attorney may be able to have that evidence suppressed. Additionally, law enforcement must read you your Miranda rights upon arrest and before any questioning. Any admissions made without these rights could be inadmissible in court.

Penalties for Drug Possession

The penalties for drug possession depend on the type and amount of the drug. In Massachusetts, drugs are classified from Class A through F, with Class A drugs considered the most dangerous due to their high risk of addiction and harm. This category includes substances like heroin, GHB, and morphine, which are often met with the strictest legal consequences.

Possessing Class A Drugs

For a first-time Class A drug offense, penalties may include up to two years in jail and fines or court-mandated treatment programs. For instance, possessing heroin for the first time could result in up to two years in jail and a $2,000 fine. Subsequent offenses, however, come with much harsher penalties.

A second offense involving heroin, for instance, can result in jail time of up to 2½ years. Additionally, cases can be escalated to Superior Court, where a conviction on repeat offenses mandates a minimum of 2½ years in state prison, with the potential for up to five years and fines up to $5,000. Fentanyl, a potent substance, is now categorized as a Class A drug and carries similar penalties.

Possession Less Dangerous Drugs

Possession of substances in the lower classes, like marijuana (a Class D drug in Massachusetts), generally results in less severe penalties. For instance, unlawful possession of marijuana may lead to up to six months in jail and a fine of $500. A second or subsequent conviction can result in a jail sentence of up to two years and fines as high as $2,000. However, if it’s a first offense and the individual has no prior drug convictions, the court may continue the case without a finding, meaning the case is dismissed if probation is successfully completed, typically within six months.

Additional Penalties for Specific Circumstances

Beyond these classifications, certain factors can increase the penalties for drug possession. Massachusetts law imposes minimum jail sentences for individuals charged with drug possession within 300 feet of a school or 100 feet of a park or playground, especially if the offense involved violence, weapons, or selling drugs to minors. Prosecutors view these situations as particularly serious and pursue them aggressively.

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.