There are several statutes in Massachusetts that criminalize the possession of illegal drugs with the intent to distribute those substances. These crimes are felonies. The breakdown of specific drugs to a class is laid out in Massachusetts General Laws Chapter 94C Section 31. Our office handles all types of drug crimes involving all classes of controlled substances. The most common crimes associated with possession with intent to distribute involve marijuana, cocaine and heroin. In all possession with intent cases the prosecution must prove beyond a reasonable that you knowingly or intentionally possessed a controlled substance and that you did so with the intent to distribute that substance. There is no need to prove that your intent was to sell the drugs. Holding the drugs for someone merely for the purpose of giving them to someone else can result in a conviction.
Possession With Intent to Distribute MarijuanaThis crime is regulated by Massachusetts General Laws Chapter 94C Section 32C. Marijuana is a Class D substance. If you are convicted of committing this crime you face a possible 2 year jail sentence and a $500 fine or both. If you get convicted of this crime a second or subsequent time you face up to a 2 ½ year jail sentence. There is also a fine of at least $1,000 and up to $10,000 dollars for anyone convicted of a second and subsequent possession with intent to distribute marijuana offense.
Possession With Intent to Distribute CocaineCocaine is a Class B substance. Massachusetts General Laws Chapter 94C Section 32A governs this crime. If you are convicted of this offense you face a potential 2 ½ year jail sentence and a fine of not less than $1,000 and up to $10,000. Massachusetts laws consider cocaine a much more dangerous substance than marijuana. The laws also permit prosecutors to indict first offenses to the Superior Court where someone can face a possible 10 year prison sentence. These cases are almost never indicted if it is someone’s first offense. Second and subsequent offenders face a maximum sentence of 10 years in State prison. Fines in the range of $2,500 to $25,000 can be imposed after a conviction of this offense.
Phencyclidine or PCP is also a Class B substance in Massachusetts. The PCP laws are even more severe than are the cocaine laws. If convicted of possession with intent to distribute PCP you face up to 2 ½ years in jail or up to 10 years in state prison. Fines for a conviction of this crime range from $1,000 to $10,000. It is critical that if you are charged with this crime you hire a criminal defense lawyer right away. A second or subsequent conviction for possession with intent to distribute PCP holds a maximum 15 year state prison sentence. A charge under this section may not be continued without a finding or placed on file.
Possession With Intent to Distribute HeroinMassachusetts General Laws Chapter 94C Section 32 makes this a crime. Heroin is a Class A substance. If you are found guilty of this offense you face up to 2 ½ years in jail or 10 years in state prison for a first offense. There is also a fine of $1,000 to $10,000 that can be imposed after a conviction. If you are convicted of this crime a second time you are mandatory minimum prison term of 5 years and as much as 15 years. Fentanyl is now classified as a Class A substance and holds the same penalties as heroin under this section.