Like many states, Massachusetts has seen an increase in drug abuse in recent years. As a result, authorities have been cracking down on people suspected of distributing and selling illicit substances across the state. If you are arrested and charged with drug distribution, you could face serious consequences depending on the type of drug involved. When this happens, you will need the assistance of an experienced criminal defense attorney to represent you and mount a defense on your behalf. At Geraghty Law, we understand how overwhelming these charges can be and are committed to protecting your rights and fighting for the best possible outcome.
What Law Governs Drug Distribution Offences in Massachusetts?
Massachusetts General Law Chapter 94C, Section 32 governs crimes involving the manufacture, distribution, sale, and possession of controlled substances. As with most such statutes, the law breaks the drugs down into classes with the more illicit ones deemed class A, B, or C, and the ones with less serious consequences listed as class D and E. Nevertheless, a charge of sale and/or distribution of a Class E controlled substance without a prescription or license carries with it serious penalties, which is why it is crucial to understand the aspects of a charge of drug distribution.
Elements of a Drug Distribution Charge
Drug distribution is any act that involves the sale, transportation, or transfer of controlled substances without a legal right to do so. In other words, a pharmaceutical company can be licensed to handle many controlled substances. In this crime, the distribution must be without a license or permit. In order to be arrested and charged, the police must have probable cause to believe that you actually took part in a transaction in which you gave another person drugs, either for cash or other remuneration. The police will often obtain a search warrant to inspect your place of residence or business, looking for indicia of drug distribution such as controlled substances, large amounts of cash, or illegal weapons.
In order to convict someone of the crime of drug distribution in Massachusetts, the prosecution will need to demonstrate a number of things. First, it will have to show that the substance involved is a controlled substance under Massachusetts law. For the sake of the conviction for distribution, the amount of the drugs is not relevant. It can sometimes be as little as one gram. Next, the Commonwealth will have to show that an actual exchange took place. This will involve presenting evidence that you or someone under your direction sold or transferred the drugs to a third person. Finally, the prosecution will have to present evidence that this was done with the intent to distribute. Things like phone and text messages, witness testimony, and other evidence will be used to attempt to prove that you intentionally distributed the drugs.
Penalties for a Drug Distribution Conviction in Massachusetts
The legal consequences for a drug distribution conviction in Massachusetts can be quite severe depending on the controlled substances involved. If the drugs you are convicted of distributing fall into class A, B, or C, the conviction is considered a felony, while those controlled substances under classes D and E carry with them a misdemeanor.
- Class A (heroin, fentanyl, morphine): Felony; up to 10 years and $10,000 fine (1st offense), up to 15 years and $25,000 (2nd), 40 years mandatory minimum (3rd); 14g+ implies intent to distribute.
- Class B (cocaine, crack, LSD, meth): Felony; similar to Class A but no 40-year minimum; 2nd+ offense up to 15 years and $25,000; 14g+ implies intent to distribute.
- Class C (ketamine, tramadol, benzos): Felony; 1st offense up to 5 years and $5,000 fine, 2nd+ up to 10 years and $10,000 with 18-month mandatory minimum in county jail.
- Class D (marijuana, barbiturates): Misdemeanor; up to 2 years and $5,000 fine (1st), 1–2.5 years jail and up to $10,000 fine (subsequent).
- Class E (certain prescription drugs): Misdemeanor; 1st offense up to 9 months and $2,500 fine, subsequent up to 1.5 years and $5,000 fine.
- School zones/minors: Harsher mandatory minimums apply regardless of drug class.
Legal Strategies for Defending a Drug Distribution Charge
There are a number of legal strategies that can be used to defend against a charge of drug distribution. Probably the most important is the suppression of evidence. Every person in the United States has a Constitutional protection against unreasonable searches and seizures. If the law enforcement officer who conducted the search that led to your arrest did not follow proper procedure, any evidence obtained as a result of that search can be prevented from entry into evidence in a case against you. This will involve examining the circumstances of the search to see if it is possible to suppress the evidence.
As in any drug case, a conviction for drug distribution requires that the prosecution prove that the substance involved is considered a drug under the relevant law. This will involve laboratory tests. If there are any issues with the test, or if it can be shown that the substance is not a controlled substance, then the defendant cannot be convicted of drug distribution.
Many drug distribution cases depend on circumstantial evidence. Contrary to popular belief, circumstantial evidence is admissible in most cases. However, a skilled criminal defense attorney can often create reasonable doubt by showing that the circumstantial evidence is not necessarily supportive of the prosecutor’s case. This can involve cross-examining key witnesses to raise doubt in the mind of jurors hearing the case.
Prosecutors will often charge defendants with intent to distribute based on the amount of drugs seized. However, some classes of controlled substances have reduced penalties if the drugs were for personal usage, while others may not have any legal consequences at all. If the possession of the drugs has been established and the tests show that they are controlled substances under the law, it is possible to reduce or eliminate most penalties if it can be shown that you possessed them solely for your own use.
Contact Our Worcester County Criminal Defense Attorney
A conviction for drug distribution can have serious legal consequences. If you have been arrested and charged with this crime, the criminal defense attorneys at Geraghty Law LLC can provide the assistance you need to protect your rights and defend you against these charges. Contact our firm today.
