Drug Possession With Intent to Sell

Drug possession with intent to sell is a felony in the state of Massachusetts. This means that you can be processed for selling a drug before making an actual sale. This is largely a judgement call made based on the amount of the drug you possess. The state of Massachusetts takes drug crimes extremely seriously and fights hard to impose high penalties. If you are charged with a drug crime, you need one of our experienced attorneys by your side.

Drug penalties are classified into different categories. The practice is intended to identify the danger and abuse potential of the drug and therefore the crimes associated with the drugs in that class carry different penalties. For example, Heroin, a class A drug, carries higher penalties than Marihuana, a class D drug. Many critics call for a reform of the current system. It is the unfortunate reality that drugs higher up on the schedule tend to be much more common in low income areas, leading to disproportionate punishment for drug related crime in those areas. Below we have laid out the penalties for possession of drugs with intent to distribute as it pertains to that drug class.

Drug Paraphernalia

Drug paraphernalia is any equipment used to make, modify or injest drugs. The possession and sale of these items carry penalties separate from those for the drugs themselves. If you sell drug paraphernalia or purchase drug paraphernalia with an intent to sell it, the criminal penalty is imprisonment for a maximum of 5 years or a fine of $5,000 or less. There are some aggravating circumstances that you should be aware of. If the person you sell to under the age of eighteen, the prison sentence will range between 3 and 5 years and the fine from $1,000 to $5,000. Furthermore, if the sale is made within 300 feet of a school or 100 feet of a playground and there was some level of violence involved there may be additional penalties.

Class A

Class A drugs have been identified as having the highest abuse potential and the lowest medicinal value. Drugs in this category include Heroin, Codeine, Morphine, Ketamine, Fentanyl, and GHB. Punishment for possession with intent to sell a drug in this class is 2 1/2-10 years in jail or a fine of $1,000-$10,000.

Class B

This class includes Cocaine, Ecstasy, Amphetamines, LSD, PCP, Opium, Methamphetamines and Oxycodone. Punishment for possession with intent to sell a drug in this class is 2-10 years in jail and a fine of $1,000-$10,000.

Class C

Clonazepam, Diazepam, Hydrocodone, Mescaline, Psilocybin mushrooms, as well as additional hallucinogenic drugs fall into this class. Punishment for possession with intent to sell a drug in this class is 2 1/2-5 years in jail or a fine of $500-$5,000.

Class D

More than one ounce of Marijuana and phenobarbital fall in class D. Punishment for possession with intent to sell a drug in this class is less than 2 years in prison and a fine of $500-$5,000.

Class E

These are often prescription drugs with trace amounts of Codeine, Morphine, or other Opiates. Punishment for possession with intent to sell a drug in this class is a maximum of 9 months in prison or a fine of $250-$2,500.

A judge may sentence a defendant to any combination of jail time or fines, and some carry mandatory minimum sentences. Contact an experienced drug possession attorney to have your best shot at fighting your charges. If the defendant has been convicted of a felony before, or the alleged crime involved the use of a firearm, additional penalties will likely apply.

At the law firm of Altman & Altman, our experienced Massachusetts drug trafficking defense attorneys have been defending against state and federal drug charges for over 40 years. We know that our clients need bold and creative strategies, and forceful advocates in court. Our lawyers will stand by your side throughout the entire criminal process. You will receive thoughtful guidance at every step of the way, and your lawyer will be available to answer your questions 24 hours a day, 7 days a week. Call our office today to schedule a free and confidential case consultation.