Massachusetts Possession with Intent To Distribute Drugs

In Massachusetts, it doesn’t take much to be charged with a felony offense of intent to distribute drugs.

There are countless stories of cases where a person gets a felony drug charge, and is accused of selling drugs just for having 3 tiny bags of weed and $20 in his pocket. It really happens.

There are no specific quantities required to be charged with intent to distribute. So, yes, it is extremely easy to get accused of  with possession with intent to distribute a controlled substance in Massachusetts. Some cops just can’t accept that marijuana is decriminalized, and probably on it’s way to full legalization.

And there has also been a series of high-profile media stories about heroin that has risen significantly. We’ve also had breathless scares about club drugs like molly. So police are absolutely looking to bust people for what they want to imaging are very serious drug charges, when it should be obvious that they are dealing with a simple possession case, at best.

And cops are always looking to squeeze people with a few bags of weed. They may try to press you into giving up your source. We have seen that happen A LOT, and you shouldn’t trust the cops to be either telling the truth OR live up to whatever deal they might say they can offer, without a lawyer in the room.

So if you are being charged with selling drugs, or intent to sell, these are serious problems you have to deal with.

But we can help.

Possession with Intent to Distribute a Class A Substance – Penalties

A Class A controlled substance is usually heroin.

Police have been extremely aggressive with Heroin arrests  in Massachusetts, since there has been so much publicity about expanding heroin use, and increasing overdose rates, with heroin becoming cheaper and more widely available.

There is a real public urgency to deal with this. Unfortunately, it is much more of a public health crisis than it is a criminal justice problem, but police use the tools they have at their disposal: arrest and prosecution.

The penalties for Selling or Possession with Intent to sell a Class A Controlled substance are:

  • First Offense: Up to 2 1/2 years in Prison
  • Second Offense: 5 Years in Prison mandatory minimum.

Possession with Intent to Distribute a Class B Substance – Penalties

Most Class B Controlled substances cases are cocaine, meth, or prescription pain killers like Oxycontin. Hallucinogens like LSD and club drugs like Ecstasy/MDMA or “molly” are also classified as Class B Controlled Substances in Massachusetts.

Police have been more aggressively pursuing cases of “molly” since there have been a number of high profile overdose deaths in the state.

The penalties for Selling or Possession with Intent to sell a Class B Controlled substance are:

  • First Offense: Up to 2 1/2 years in Prison
  • Second Offense: 3 Years in Prison mandatory minimum.

Possession with Intent to Distribute a Class C Substance – Penalties

Class C controlled substances include narcotic prescriptions like Valium, or Vicodin, some prescription stimulants like the ADD drug Adderal, and some lesser psychedelics like mescaline or psilocybin mushrooms.

The penalties for Selling or Possession with Intent to sell a Class C Controlled substance are:

  • First Offense: Up to 2 1/2 years in Prison
  • Second Offense: 2 Years in Prison mandatory minimum.

Possession with Intent to Distribute a Class D Substance – Penalties

A charge of possession with intent to distribute a Class D controlled substances is nearly always for marijuana. It fairly common for police to charge this serious offense for relatively small amounts that wouldn’t even be criminal. But they will absolutely overcharge you to squeeze you into a plea deal, or just because you did something to make them angry.

The penalties for Selling or Possession with Intent to sell a Class D Controlled substance are:

  • First Offense: Up to 2 1/2 years in Prison
  • Second Offense: 2 Years in Prison mandatory minimum.

School Zone Offense

Possession within a School zone is an additional felony drug charge. It applies in cases where you were arrested within 300 feet of any school, or 100 feet of a park, with the exception of early morning hours between midnight and 5am.

You can be charged with a school zone violation even if you were just walking by, or if you were in your apartment and it happens to be right next to a school!

Beating a Possession With Intent to Distribute Charge

The best way to fight any drug charge is to challenge the legality of the evidence before the court. This is most often done with a Motion to Suppress. The police will absolutely cross the line and violate your constitutional rights all the time.

They must have probable cause to search you, that can only include:

  • Legitimate, non-intrusive reasons to search your person, your car, or your home
  • A search warrant
  • Your permission

Breaking these down can be complicated. Honestly, it is very hard for a layperson to know if a search was legal. The reasons can be very technical.

That’s why you really need to speak to a defense lawyer immediately who can evaluate your case.

Call us today to speak to a local Massachusetts attorney who can help you right away with any drug possession arrest. The consultation is absolutely free, and you will find out what your options are to protect your rights and freedom.