Attorney
Massachusetts treats drug distribution as a major criminal offense. Once police or prosecutors believe that a person is selling or planning to sell a controlled substance, the consequences become far more serious than a simple possession charge.
The difference between holding something and intending to move it matters. It can be the difference between probation and years in prison. In some cases, it can lead to mandatory minimums with no chance of early release.
Keep reading to find out how Massachusetts defines drug distribution, how the penalties vary based on the type of drug and other factors, and what to expect if your case ends up in Worcester County. If you’re facing charges, speaking with an experienced Worcester drug crimes attorney as soon as possible can help you understand what you’re up against and what defense options are available.
What Counts as Drug Distribution in Massachusetts?
Under Massachusetts General Laws Chapter 94C, drug distribution includes more than just a sale. The law covers:
- Selling or intending to sell a controlled substance
- Giving drugs to someone else, even for free
- Having enough of a substance that it appears intended for sale
- Possessing items like scales, baggies, or ledgers that suggest dealing
The difference between possession and distribution often comes down to the amount of drugs and the surrounding circumstances. You don’t have to be caught in the act of selling. If the evidence shows intent, that can be enough to file a distribution charge.
Larger amounts may lead to trafficking charges. These carry even more serious penalties, including mandatory prison time starting at certain weight thresholds.
What Affects the Severity of a Drug Distribution Charge?
Several factors can influence how a distribution charge is handled and sentenced. These include:
Type of Drug
Massachusetts categorizes drugs from Class A to Class E. Class A substances—such as heroin and fentanyl—carry the harshest penalties.
Amount Involved
The more drugs involved, the more likely prosecutors are to seek a distribution or trafficking charge. Small amounts packaged for sale can also lead to intent-to-distribute charges.
Location of the offense
If the offense occurs within 300 feet of a school or 100 feet of a park, you could face enhanced penalties under Massachusetts General Laws Chapter 94C, Section 32J, even if the school was not in session at the time.
Criminal history
If you have prior convictions, you may see greater consequences, as repeat offenders may face longer sentences and fewer opportunities for diversion.
Firearms or violence
Any involvement of weapons or threats during the alleged offense can result in additional charges or sentence enhancements.
Prosecutors review all of these factors when deciding how to charge and pursue a case.
Sentencing Guidelines Based on Drug Class
The penalties for distribution vary by drug classification. Here are the basics for each class:
Class A (e.g., heroin, fentanyl)
- Up to 10 years in state prison
- Up to 2.5 years in jail for lesser offenses
- Fines up to $10,000
- Trafficking amounts come with mandatory minimums
- Fentanyl mandatory minimum sentences start at 3.5 years with only 10 grams
Class B (e.g., cocaine, methamphetamine, oxycodone)
- Up to 10 years in state prison, or 2.5 years in jail or house of corrections
- Mandatory minimums for trafficking begin at 18 grams of cocaine
- Possession with packaging materials can support a distribution charge
Class C (e.g., Xanax, Valium)
- Up to 5 years in prison
- Up to 2.5 years in state jail or house of corrections, plus fines from $500 to $5000
- School zone enhancement adds 2 years consecutive
- Texts or pill counts may be used as evidence of intent
Class D (marijuana)
- Possession is legal, but unlicensed sales are not
- Up to 2 years in jail
- Sales to minors or possession of large quantities can result in more serious charges
Class E (lower-level prescription meds)
- Usually treated as misdemeanors
- Up to 9 months in jail and/or fines
- Sometimes used in plea negotiations
Each class has its own sentencing range, but all drug distribution convictions carry long-term consequences, including a criminal record that can follow you for years.
What to Do if You’ve Been Charged in Worcester County
If you’ve been arrested for selling or distributing drugs in Massachusetts, it’s a bad idea to speak to police or prosecutors without a lawyer present. What you say early in the process can be used against you later in court.
If you were arrested in Worcester County, your first court appearance will usually take place at the Central Division of the Worcester District Court. Here’s what typically happens next:
- Arraignment: You’ll be formally charged and enter a plea. Bail may be set at this time.
- Pretrial Hearings: Evidence is shared with your attorney. Motions may be filed.
- Trial or Resolution: The case may head to trial, or your attorney may work on a plea deal.
The Worcester County District Attorney’s Office prosecutes these cases aggressively. They often pursue full charges and minimum penalties unless the defense shows strong legal grounds for reduction or dismissal.
An experienced criminal defense attorney can:
- Identify problems with the arrest or search
- Review whether the charges match the evidence
- Negotiate for reduced charges or alternative sentencing
- Help you apply for diversion or probation, if eligible
At Geraghty Law, LLC, we represent clients facing drug distribution charges throughout Worcester County. Our office works quickly to protect your rights and develop a strong legal strategy from day one. If you’ve been charged with distribution, contact Geraghty Law, LLC for a free consultation.
