Drug trafficking is the possession with the intent to distribute or the actual distribution of a certain threshold quantity of drugs. The prosecutor must prove beyond a reasonable doubt all of the elements associated with possession as well as the particular amount of the drugs charged in the indictment. Trafficking is the most serious of all Massachusetts drug crimes. Associated with all drug trafficking convictions is Massachusetts is a mandatory minimum state prison sentence that must be served before parole is possible. All drug trafficking laws in Massachusetts state courts are set out in Massachusetts General Laws Chapter 94C Section 32E.Marijuana Trafficking
If you are convicted of trafficking marijuana Class D you face the following penalties:
- For a conviction of trafficking 50 pounds or more you face 2 ½ to 15 years in state prison or 1 to 2 ½ years in jail. A conviction carries a minimum mandatory 1 year sentence.
- For a conviction of trafficking 100 pounds but less than 2000 pounds you face 2 to 15 years in state prison. There is a minimum mandatory 2 year sentence to be served.
- For a conviction of 2000 pounds and less than 10,000 pounds the sentence can range from 3 ½ to 15 years in state prison. The minimum mandatory sentence is 3 ½ years.
- If convicted of trafficking 10,000 pounds or more the sentence ranges from 8-15 years. The minimum mandatory sentence is 8 years.
Cocaine trafficking in Massachusetts Class B is considered more serious than marijuana trafficking. If you are convicted of cocaine trafficking you can be sentenced as follows:
- 18 grams but less than 28 grams provides for 2 to 15 years in state prison. The minimum mandatory sentence you must serve is 2 years.
- 36 grams but less than 100 grams provides for a 3 ½ to 20 year prison sentence. 3 ½ years of this sentence is a minimum mandatory that must be served.
- 100 grams but less than 200 grams has a prison sentence that ranges from 8 to 20 years. 8 years of this sentence is a minimum mandatory.
- 200 grams or more requires a sentence of 12-20 years. The minimum mandatory is 12 years.
Heroin trafficking Class A is treated as the most severe of all trafficking crimes in Massachusetts. The sentences associated with the various quantities of heroin are as follows:
- At least 18 grams but less than 36 grams requires a mandatory minimum 3 ½ year sentence. The maximum is 20 years.
- At least 36 grams but less than 100 grams requires a mandatory minimum 5 year prison sentence. The maximum is 20 years.
- At least 100 grams but less than 200 grams requires a mandatory minimum 8 year prison sentence. The maximum is 20 years.
- At least 200 grams requires a mandatory minimum 12 year prison sentence. The maximum is 20 years.
The legislature has recently amended this statute to include a section specifically targeting Fentanyl trafficking Class A. The sentence now associated with Fentanyl trafficking is as follows:
- 10 or more grams of Fentanyl, or any derivative thereof, requires a mandatory minimum 3 ½ year prison sentence. The maximum sentence is 20 years.
Attorney Neyman has been defending drug trafficking in Massachusetts and throughout the country for nearly thirty years. We have an unparalleled track record of success. We have won cases with motions to dismiss. We have secured victory by winning motions to suppress illegal searches and seizures thereby making the district attorney’s case unprovable. We have won countless drug trafficking cases by going to trial and winning. Our results speak for themselves. We know how to win these cases.
Drug Trafficking Case Dismissed
The defendant was charged with trafficking a class B substance in excess of eighteen grams. He was facing a mandatory two year state prison sentence in accordance with G.L. c. 94C Section 32E. On May 22, 2019 our office succeeded in winning the motion to suppress on this case. As a result, the prosecution was unable to proceed and the case was dismissed today.
Read More in Drug Trafficking
Motion to Suppress Drugs Seized After Stop and Search of Car Allowed
The defendant is charged with trafficking over eighteen grams of oxycodone in violation of G.L. c. 94C Section 32E. The penalty for a conviction of that offense is two years mandatory in a Massachusetts state prison. The facts of the case are as follows. On December 16, 2016, members of a suburban Boston police department responded to a call for a woman unconscious outside of her home. Upon arrival the officers immediately suspected that the woman had suffered a drug overdose. An ambulance was called. The officers became suspicious of the woman's husband who was home but acting disinterested in her condition. The following one of the responding officers queried a vehicle outside of the defendant's home. The vehicle came back as one belonging to a rental car company owned by the defendant. The query further indicated that this vehicle had been queried by numerous police departments. As a result, the officer established surveillance of the vehicle. He pulled the car over for failing to use a turn signal. He approached the vehicle and smelled a strong odor of unburnt marijuana coming from the car. He asked the defendant if he would mind opening a briefcase sitting on the seat next to him to see how if it contained an illegal quantity of marijuana. The defendant complied. While doing so the officer observed a large quantity of pills packaged in a manner consistent with an intent to distribute. He arrested the defendant and located over 200 oxycodone pills. Attorney Neyman was hired to represent the defendant. Extensive discovery battles were fought and won by our office. We ultimately filed a motion to suppress all evidence seized as a result of the unlawful search. After a hearing on this motion the judge agreed that the search was illegal. All drugs seized as a result of this search were suppressed. The case will be dismissed at the next court date.
Read More in Search and Seizure
Cocaine Trafficking Over 100 Grams Against Lead Abatement Contractor Dismissed
The defendant is a lead abatement contractor with a successful business based in Massachusetts. On March 15, 2019 stopped a truck being driven by the defendant. Upon contacting the driver the state trooper observed him to be nervous and sweaty. He was providing inconsistent and evasive responses to the trooper's questions. The officer asked him to get out of the car so that he could be searched for weapons. The officer observed, in plain view on the driver's seat, packaged materials consistent with illegal drugs. The officer picked up the packages and recognized it to be cocaine. The defendant was arrested and charged with trafficking cocaine in excess of 100 grams in violation of G.L. c. 94C Section 32E. If convicted he would serve a mandatory minimum eight year state prison sentence. The defendant hired Attorney Stephen Neyman. Today, Attorney Neyman was able to get all charges dismissed.
Read More in Cocaine Trafficking