Drug Crime Penalties in Massachusetts
In Massachusetts, the penalties for drug charges can be severe and life-altering. Understanding the specific consequences of these charges is crucial for anyone facing them, as well as for their families. This post aims to outline the penalties associated with drug charges in Massachusetts, detailing the consequences by drug class and offense type, the factors influencing penalties, and the conditions under which penalty enhancements may apply.
Penalties by Drug Class in Massachusetts
Massachusetts law categorizes controlled substances into five classes (Class A, B, C, D, E), with Class A being the most serious, including drugs with a high potential for abuse and dependency, and Class E including substances that are considered less dangerous.
Class A Drugs
Class A substances include heroin, fentanyl, and other opioids. Convictions can lead to some of the harshest penalties, including:
Possession: up to 2 years in jail and/or a $2,000 fine.
Subsequent possession: 2.5-5 years in jail and/or a $5,000 fine
More than 14 grams is considered trafficking.
Sale: 2-10 years and/or a fine of $1,000-$10,000.
Subsequent possession: 5-15 years in jail and/or a fine of $2,500-$25,000.
Third possession: at least 40 years.
Sale to minors and on or near school zones or grounds equals harsher penalties.
Trafficking:
14-28 grams: 5-20 years in prison and/or a fine of $5,000-$50,000.
28-100 grams: 7-20 years in prison and/or a fine of $5,000-$50,000.
100-200 grams: 10-20 years in prison and/or a fine of $10,000-$100,000.
Over 200 grams: 15-20 years in prison.
10 grams or more of fentanyl: up to 20 years in prison.
Class B Drugs
Cocaine, methamphetamine, and certain prescription drugs fall under Class B. Penalties include:
Possession: 1 year in jail and/or a fine of up to $1,000.
Subsequent possession: 2 years in jail and/or a fine of up to $2,000.
Over 14 grams is considered trafficking.
Sale: 2-10 years in jail and/or a fine of $1,000-$10,000.
Subsequent possession: 5-15 years in jail and/or a fine of $2,500-$25,000.
Trafficking:
14-28 grams: 3-15 years in prison and/or a fine of $2,500-$25,000.
28-100 grams: 5- 20 years in prison and/or a fine of $5,000-$50,000.
100-200 grams: 10-20 years in prison and/or a fine of $10,000-$100,000.
Over 200 grams: 15-20 years in prison and/or a fine of $50,000-$500,000.
Class C Drugs
This class includes certain prescription sedatives and hallucinogens. Penalties are slightly less severe:
Possession: 1 year in jail and/or up to a $1,000 fine.
Subsequent possession: up to 2 years in jail and a fine of up to $2,000.
Class D Drugs
Class D mainly covers marijuana and some synthetic cannabinoids. Despite legalization of up to ounce ounce for personal use, illegal distribution and cultivation carry penalties:
Distribution: Up to 2 years in jail and a fine of up to $5,000.
Cultivation (more than 12 plants): Up to 15 years in state prison.
Class E Drugs
These are less potent prescription drugs containing small amounts of narcotics. Penalties usually involve:
Possession: Up to 9 months in jail.
Distribution: Rarely prosecuted aggressively but can result in up to 9 months in jail.
Factors Influencing Drug Crime Sentences
Several factors can significantly impact the severity of penalties for drug charges in Massachusetts:
Drug Quantity
The amount of the substance in question often dictates whether the offense is treated as simple possession, distribution, or trafficking, with trafficking carrying the most severe penalties.
Location of the Offense
Committing a drug offense within 1,000 feet of a school or 100 feet of a public park can lead to harsher penalties, including mandatory minimum sentences. A drug offense committed within a designated school zone can result in a mandatory minimum sentence of 2 years in jail, in addition to the penalties for the underlying drug charge.
Prior Convictions
Individuals with prior drug convictions may face increased penalties, including longer jail or prison sentences and higher fines. Those with previous convictions for serious drug offenses such as trafficking may face stiffer penalties under the state's habitual offender laws. For example, a second or subsequent trafficking offense can double the mandatory minimum sentence.
Use of a Minor in Drug Operations
Engaging a person under 18 in drug trafficking operations can lead to additional charges and penalties, including mandatory minimum sentences that are added to the penalties for the drug offense itself.
The legal landscape of drug charges in Massachusetts is complex and fraught with nuances that can dramatically affect the life of someone convicted. These penalties underscore the seriousness with which Massachusetts treats drug offenses and the importance of legal representation for those accused. Navigating the intricacies of drug laws, understanding the potential penalties, and developing an effective defense strategy are critical steps in responding to drug charges. Individuals facing such charges should seek the assistance of a knowledgeable and experienced criminal defense attorney who can guide them through the legal process and advocate on their behalf.
Contact Ernest Stone Today
Lead attorney Ernest Stone has more than two decades of experience in multiple criminal defense areas, including successfully defending serious drug offenses in both District and Superior Court.
If you or a loved one is facing drug charges in Massachusetts, having a highly knowledgeable and experienced criminal defense attorney by your side is important. Contact H. Ernest Stone, Attorney PC, today for a free consultation.
Being accused is traumatic. We understand. We will get you through the storm.
Schedule a free case review online or by calling (978) 705-4537.
