Possession of Drug Paraphernalia with Intent to Sell

Drug Paraphernalia

The crime of possession of drug paraphernalia with the intent to sell is governed by Massachusetts General Laws Chapter 94C Section 32I.  In order for an individual to be convicted of the crime of possession of drug paraphernalia with the intent to sell, the Commonwealth must prove beyond a reasonable doubt that an individual sold, possessed, manufactured or purchased drug paraphernalia with the intent to sell it.  The individual had to either know or have reason to know that the paraphernalia in question would be used to make, use, or store drugs.

The term “drug paraphernalia” is construed very broadly and includes almost anything related to the possession of drugs.  There is an endless list of objects that can be classified as drug paraphernalia.  Common examples include scales, pipes, rolling papers, and containers with drug residue.  

Punishment

An individual who is convicted of the crime of possession of drug paraphernalia with the intent to sell can be sentenced to between 1 and 2 years imprisonment in jail or a house of correction and/or by a fine of between $500.00 and $5,000.00.

If an individual violates this statute by selling drug paraphernalia to a person under the age of 18, the punishment is increased to between 3 and 5 years imprisonment in the state prison and/or a fine of between $1,000.00 and $5,000.00.

If you or a loved one has been charged with a drug crime or are being investigated for a drug crime, call the experienced criminal defense attorneys of Altman & Altman for a free, confidential consultation. Our defense attorneys are available around the clock and on weekends to provide immediate counsel.

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