Drug Possession Cases
Drug Possession Cases
The crime of drug possession is governed by Massachusetts General Laws Chapter 94C Section 34. Drugs and other controlled substances are broken down into five categories based on their similarities:
The crime of drug possession is defined as direct physical control of a controlled substance. In order for an individual to be convicted, he or she must knowingly and intentionally possess a controlled substance from one of the 5 drug classes listed above. A controlled substance will also be considered to be in someone’s possession if the individual has the ability to exercise control over it. If a person did not know he was in possession of a controlled substance or if it was a mistake that the drugs were on his person, then the individual cannot be convicted of the crime.
Punishment
Possession of most controlled substances, including cocaine, is punishable by imprisonment of up to 1 year and/or a fine of up to $1,000.00. An individual’s motor vehicle license will also be suspended for a minimum of 1 year. A second offense of unlawful possession of most controlled substances is punishable by up to 2 years in the house of correction and/or a fine of up to $2,000.00. Again, the individual’s motor vehicle license will be suspended for a minimum of 1 year.
Possession of Heroin and Marijuana are punished differently than the rest of the controlled substances that are regulated by the Commonwealth of Massachusetts.
Heroin
Heroin is a Class A controlled substance. Possession of Heroin is punishable by imprisonment in a house of correction for up to 2 years and/or a fine of up to $2,000.00. The individual’s motor vehicle license will also be suspended for a minimum of one year. A second offense of possession of heroin is punishable by imprisonment in the state prison for at least 2.5 years but no more than 5 years, or by a fine of up to $5,000.00 and imprisonment in a jail or house of correction for no more than 2.5 years.
Marijuana
Marijuana is a Class D controlled substance. Possession of more than one ounce of Marijuana or possession of a controlled substance in Class E is punishable by imprisonment in a house of correction for up to 6 months and/or a fine of $500.00. The individual’s motor vehicle license will also be suspended for a minimum of 1 year.
Possession of one ounce or less of Marijuana in Massachusetts not punishable as a criminal offense. An individual who is 18 years of age or older possessing one ounce or less of Marijuana must pay a civil fine of $100.00 and surrender the Marijuana to authorities. The individual is not subject to any other criminal or civil punishment.
If the individual is under the age of 18, he or she must attend a drug awareness program in addition to paying a civil fine of $100.00 and surrendering the marijuana. The parents or legal guardians of the individual will be notified of the offense
If you or a loved one has been charged with a drug possession or is being investigated for possessing drugs give our experienced drug defense lawyers a call. Our Boston drug defense attorneys are available around the clock to speak to you regarding your case. All initial consultations are free. You can reach us at 617.492.3000.
The crime of drug possession is governed by Massachusetts General Laws Chapter 94C Section 34. Drugs and other controlled substances are broken down into five categories based on their similarities:
- Class A substances - Heroin, Morphine, GHB, and Special K
- Class B substances - Cocaine, LSD, Oxycontin, Ecstasy, Amphetamines, and Methamphetamines
- Class C substances - Clonazepam, Vicodin, and Valium
- Class D substances - Marijuana and Phenobarbital
- Class E substances - lighter doses of prescription drugs containing Codeine, Morphine, and Opium
The crime of drug possession is defined as direct physical control of a controlled substance. In order for an individual to be convicted, he or she must knowingly and intentionally possess a controlled substance from one of the 5 drug classes listed above. A controlled substance will also be considered to be in someone’s possession if the individual has the ability to exercise control over it. If a person did not know he was in possession of a controlled substance or if it was a mistake that the drugs were on his person, then the individual cannot be convicted of the crime.
Punishment
Possession of most controlled substances, including cocaine, is punishable by imprisonment of up to 1 year and/or a fine of up to $1,000.00. An individual’s motor vehicle license will also be suspended for a minimum of 1 year. A second offense of unlawful possession of most controlled substances is punishable by up to 2 years in the house of correction and/or a fine of up to $2,000.00. Again, the individual’s motor vehicle license will be suspended for a minimum of 1 year.
Possession of Heroin and Marijuana are punished differently than the rest of the controlled substances that are regulated by the Commonwealth of Massachusetts.
Heroin
Heroin is a Class A controlled substance. Possession of Heroin is punishable by imprisonment in a house of correction for up to 2 years and/or a fine of up to $2,000.00. The individual’s motor vehicle license will also be suspended for a minimum of one year. A second offense of possession of heroin is punishable by imprisonment in the state prison for at least 2.5 years but no more than 5 years, or by a fine of up to $5,000.00 and imprisonment in a jail or house of correction for no more than 2.5 years.
Marijuana
Marijuana is a Class D controlled substance. Possession of more than one ounce of Marijuana or possession of a controlled substance in Class E is punishable by imprisonment in a house of correction for up to 6 months and/or a fine of $500.00. The individual’s motor vehicle license will also be suspended for a minimum of 1 year.
Possession of one ounce or less of Marijuana in Massachusetts not punishable as a criminal offense. An individual who is 18 years of age or older possessing one ounce or less of Marijuana must pay a civil fine of $100.00 and surrender the Marijuana to authorities. The individual is not subject to any other criminal or civil punishment.
If the individual is under the age of 18, he or she must attend a drug awareness program in addition to paying a civil fine of $100.00 and surrendering the marijuana. The parents or legal guardians of the individual will be notified of the offense
If you or a loved one has been charged with a drug possession or is being investigated for possessing drugs give our experienced drug defense lawyers a call. Our Boston drug defense attorneys are available around the clock to speak to you regarding your case. All initial consultations are free. You can reach us at 617.492.3000.
