Possession With Intent to Distribute Drugs
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 Marijuana
This 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 2 year jail sentence and a $500 fine or both. If you get convicted of this crime a second or subsequent time you face a minimum 1 year jail sentence and a 2 ½ year maximum 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 Cocaine
Cocaine 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 3 year mandatory minimum state prison sentence and a maximum sentence of 10 years. 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. If you are convicted of this crime you must serve at least 1 year in jail. This is a mandatory minimum sentence. It is critical that if you are charged with this crime you hire a criminal defense lawyer right away. A second of subsequent conviction for possession with intent to distribute PCP requires you to serve a mandatory minimum 5 year prison sentence.
Possession With Intent to Distribute Heroin
Massachusetts 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.
Barnstable District Court: Charges of Possession With Intent to Distribute Class D and Carrying a Dangerous Weapon Dismissed
On July 18, 2016 a Massachusetts State Trooper on patrol observed a car being operated by the defendant driving 79 in a 55 limit zone. The officer stopped the vehicle and contacted the operator. The trooper noted a strong odor of marijuana coming from inside the car. He asked the defendant if he had any marijuana. The defendant admitted to possession of 20 grams that he produced from a backpack in the back seat of his car. While doing so the trooper saw a knife in the defendant’s possession. He also saw a scale in plain view. The defendant was arrested and charged with possession with the intent to distribute marijuana , G.L. c. 94C Section 32C and possession of a dangerous weapon in violation of G.L. c. 269 Section 10(b). Today. Attorney Neyman was able to get both charges dismissed.
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Falmouth District Court: Possession With Intent, Cocaine and School Zone Offense Dismissed After Successful Motion to Suppress
In June of 2015 the defendant was pulled over by a Falmouth Police Officer for driving a vehicle with an illegible license plate. After the stop the officer smelled the odor of unburnt marijuana coming from the defendant who happened to be clinging to a backpack. The defendant was operating without insurance, an arrestable offense. The officer called for backup. Another officer arrived with a drug sniffing dog. The dog hit on the backpack. Officers then searched the backpack and found in excess of eight grams of cocaine, enough to satisfy a trafficking charge. Attorney was able to get the prosecution to keep the case in the district court and drop the charges to possession with intent in violation of G.L. c. 94C Section 32C. We filed a motion to suppress the stop and seizure. Today, we prevailed on that motion and all drug charges were dismissed.
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Waltham District Court: Possession With Intent Charges Against College Student Dismissed
On September 20, 2014 members of the Weston, Massachusetts police department made a motor vehicle stop of a car purportedly swerving across the solid double yellow lines on Route 20. The operator of the vehicle, a local college student, produced identification indicating that he was nineteen years old. Officers observed bottles of beer and vodka in the backseat of the car. The car was subsequently searched. Officers located seven individually packaged bags of marijuana believed to be possessed with the intent to distribute the drug. Subsequently, the defendant was arrested. Even though the defendant is a college student he is not a citizen and a conviction or a continuance without a finding could result in denial of naturalization or deportation. The man hired Attorney Stephen Neyman. Today, all charges were dismissed outright.