Possession of drugs or controlled substances in Massachusetts is a crime. Massachusetts General Laws Chapter 94C Section 34 discusses the various crimes of drug possession and the potential sentences that can be imposed if you are convicted of one of these crimes. In general the drug possession law states that you cannot knowingly or intentionally possess certain drugs made illegal by law unless you have a prescription for the substance. If convicted of this crime you can go to jail for up to one year or be fined up to $1,000 dollars or both. For certain substances the penalties for a conviction of drug possession are somewhat different. For example:

Possession of Heroin

Anyone who possesses heroin, a Class A substance can be sentenced to jail for 2 years for a first offense and/or be fined up to $2,000. For a second offense you can be sentenced to jail for up to 2 ½ years in jail. Massachusetts prosecutors can also indict 2nd and subsequent heroin possession cases to a Superior Court. When that is done, the law states that upon a conviction you must be sentenced to at least 2 ½ years in state prison and you can be sentenced to as many as 5 years. A $5,000 fine can be imposed for a conviction of a second or subsequent offense.

Possession of Marijuana

Anyone who possesses marijuana in Massachusetts can be sentenced for up to 6 months in jail and be fined up to $500. Second and subsequent convictions for possession of marijuana can result in a 2 year jail sentence and a fine of up to $2,000. You should know however that if this is your first criminal marijuana possession case and you have no other drug related convictions the case will be continued without a finding. That requires you to successfully complete probation after which your case will be dismissed. The maximum period of time that the case will be continued for will be 6 months.

Continuances Without a Finding

Massachusetts General Laws Chapter 278 Section 18 provides that in certain circumstances cases can be continued without a finding. This law is designed to give people accused of certain crimes an opportunity to resolve their case without having a criminal record. The statute permits the Massachusetts District Courts or the Boston Municipal Courts to continue a case without a specific disposition. The judge can impose certain probationary conditions that you must obey during the continuance period. If you satisfactorily complete your obligations during the probationary period the case will be dismissed. This is a very common way of resolving criminal cases in Massachusetts. There are some potential pitfalls associated with this sort of disposition so it is best that you are represented by an experienced criminal defense lawyer so that your rights are protected.