The crimes of drug possession with the intent to sell and drug manufacturing are governed by Massachusetts General Laws Chapter 94C Sections 32 through 32D.  These two crimes are governed by the same statute and therefore have the same punishments.

There are two elements that the Commonwealth must prove beyond a reasonable doubt in order for someone to be convicted of possession with intent to distribute or drug manufacturing.  

• First, the Commonwealth must prove that the individual knowingly or intentionally manufactured, distributed, dispensed or possessed a controlled substance.  This means that, at the very least, it must be proven that the drugs were knowingly in the possession of the individual being charged.
• Second, in addition to possession, the Commonwealth must prove that the individual had the intent to manufacture, distribute or dispense the drug.  This element is the key difference between being charged with simple possession of a controlled substance and possession with intent to distribute a controlled substance.  
  

The act of selling is not one of the elements of the crime of possession with the intent to distribute.  As mentioned above, it is the intent to manufacture, distribute or dispense the controlled substance that is the crime.  Therefore, an individual who is merely holding drugs that he or she plans to share with or give to a friend can be charged with the crime of possession with intent to distribute.  
An individual can be charged with possession with intent to distribute without actually being caught in the act of distributing as long as it can be proven beyond a reasonable doubt that he or she intended to distribute the controlled substance in the future.  The Commonwealth may use other evidence, such as a large sum of cash in the individual’s possession, to help prove that the individual intended to distribute the controlled substance.

Punishment

The punishments for possession with intent to distribute are broken down by class: 

• Class A Drugs - Heroin, Morphine, GHB, and Special K - All Class A drug charges are punished based on the same guidelines.  Individuals who are charged with possession with intent to distribute a Class A controlled substance under Massachusetts General Laws Chapter 94C Section 32 can be sentenced to up to 10 years in the state prison or up to 2.5 years in a jail or house of correction.  They may also be fined up to $10,000.00 in addition to their imprisonment or in lieu of it.  A second violation of possession with intent to distribute a Class A substance will result in a mandatory minimum sentence of 5 years in the state prison with the possibility of up to 15 years.  A fine may also be imposed of between $2,500.00 and $25,000.00.  
  

• Class B Drugs - Cocaine, LSD, Oxycontin, Ecstasy, Amphetamines, and Methamphetamines - Individuals who are charged with possession with intent to distribute most Class B controlled substances under Massachusetts General Laws Chapter 94C Section 32A can be sentenced to up to 10 years in the state prison or up to 2.5 years in a jail or house of correction.  They may also be fined between $1,000.00 and $10,000.00 in addition to imprisonment or in lieu of it.  A second violation of possession with intent to distribute a Class B substance will result in a mandatory minimum sentence of 3 years in the state prison with the possibility of up to 10 years.  A fine may also be imposed of between $2,500.00 and $25,000.00.

• PCP or Angel Dust - There is one Class B drug that receives special treatment.  The drug commonly known as PCP or angel dust receives its own punishment that is more severe than the other Class B controlled substances under Massachusetts General Laws Chapter 94C Section 32A.  For individuals who are charged with possession with intent to distribute PCP, there is a mandatory minimum of at least 2.5 years in the state prison or 1 year in the house of correction.  In addition, the same fine of between $1,000.00 and $10,000.00 for other Class B controlled substances may also be imposed.  A second violation carries a mandatory minimum sentence of 5 years in the state prison with the possibility of up to 15 years.  The same fine of between $2,500.00 and $25,000.00 for other Class B controlled substances may also be imposed.  
  

• Class C Drugs - Clonazepam, Vicodin, and Valium - Individuals who are charged with possession with intent to distribute a Class C controlled substance under Massachusetts General Laws Chapter 94C Section 32B can be sentenced to up to 5 years in the state prison or up to 2.5 years in a jail or house of correction.  They may also be fined between $500.00 and $5,000.00 either in addition to any imprisonment or in lieu of imprisonment.  In the event of a second violation, an individual will be sentenced to a minimum of 2.5 years in the state prison with the possibility of up to 10 years or by a minimum of 2 years with the possibility of up to 2.5 years in a jail or house of correction.  They may also be fined between $1,000.00 and $10,000.00, but they must serve a minimum sentence of 2 years imprisonment.
  

• Class D Drugs - Marijuana - Individuals who are charged with possession with intent to distribute a Class D controlled substance under Massachusetts General Laws Chapter 94C Section 32C can be sentenced to up to 2 years in a jail or house of correction and/or they may also be fined between $500.00 and $5,000.00.  A second violation will result in a mandatory minimum sentence of 1 year in a jail or house of correction with the possibility of up to 2.5 years.  They may also be fined between $1,000.00 and $10,000.00 in addition to the imprisonment or in lieu of the imprisonment.
  

• Class E Drugs - Individuals who are charged with possession with intent to distribute a Class E controlled substance under Massachusetts General Laws Chapter 94C Section 32D can be sentenced up to 9 months in a jail or house of correction and/or they may also be fined between $250.00 and $2,500.00.  A second violation may result in a sentence of up to 1.5 years in a jail or house of correction and/or a fine of between $500.00 and $5,000.00.  
  

If you or a loved one has been charged with a drug possession with intent to sell, or are being investigated for such a crime, call the drug defense lawyers at Altman & Altman for a free, confidential consultation.