Distribution & Possession with Intent to Distribute

In Massachusetts, distribution or possession with intent to distribute a controlled substance is a felony, if the substance is class A, B, or C. For distribution or intent to distribute a controlled substance class D or E, the charge is a misdemeanor, but the consequences can still be severe. 

Distribution of a controlled substance is exactly as the words indicate. In order to be charged, the police must have probable cause to believe that you actually took place in a transaction in which you gave another person an illegal substance. The amount of the drug is not an element of the crime- it could be as little as a gram. 

Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Again, the amount of the substance is not an element is not an element of this crime. You could be in possession of as little as a gram or two.  Other evidence that is often associated with drug distribution can be used to prove your intent- the presence of baggies, scales, large amounts of cash, etc. 

Of course, just with any drug charge, the way in which the police found this evidence is of critical importance. If the police discovered evidence after you were illegally pulled over in your car, we will motion the court to suppress all evidence. If the evidence came as the result of an illegal search, we will motion the court to suppress all evidence. If the police obtain information based on illegal questioning, we will motion the court to suppress as statements.  We will carefully examine the facts surrounding your drug charge and make sure that your rights are protected. 

Distribution or possession with intent to distribute class A in Massachusetts is a felony. Under MGL c. 94C s. 32, a conviction for this offense carries the following potential penalties:

  • 10 years in state prison
  • $10,000 fine

A second or subsequent offense for possession of class A with intent to distribute is a felony in Massachusetts, with a MANDATORY MINIMUM state prison sentence of 3 1/2 years, up to the following potential penalties:

  • 15 years in state prison
  • $25,000 fine

Distribution or possession with intent to distribute class B- cocaine, crack or methamphetamine- in Massachusetts is a felony. Under MGL c. 94C s. 32A, this charge carries a mandatory minimum 1 year jail sentence, up to the following potential penalties: 

  • 10 years in state prison
  • $10,000 fine
A second or subsequent offense for distribution or possession with intent to distribute class B cocaine, crack or methamphetamine carries a mandatory minimum 3 1/2 years in state prison and $2,000 fine, up to the following potential penalties: 
  • 15 years in state prison
  • $25,000 fine
Distribution or possession with intent to distribute class B- other than cocaine, crack or methamphetamine- carries the following potential penalties: 
  • 10 years in state prison 
  • $10,000 fine
A second or subsequent offense for distribution or possession with intent to distribute class B under this section carries a mandatory minimum 2 years in jail and $2,500 fine, up to the following potential penalties: 
  • 10 years in state prison
  • $25,000 fine
Distribution or possession with intent to distribute class C in Massachusetts is a felony, and under MGL c. 94C s. 32B carries the following potential penalties: 
  • 5 years in state prison
  • $5,000 fine
A second or subsequent offense for distribution or possession with intent to distribute class C carries a mandatory minimum 18 months in jail and $1,000 fine, up to the following potential penalties: 
  • 10 years in state prison
  • $10,000 fine
Distribution or possession with intent to distribute class D in Massachusetts is a misdemeanor, and under MGL c. 94C s. 32C carries the following potential penalties:
  • 2 years in jail
  • $500 (minimum) up to $5,000 fine
A second or subsequent offense for distribution or possession with intent to distribute class D carries a mandatory minimum 1 year in jail and $1,000 fine, up to the following potential penalties: 
  • 2 1/2 years in jail 
  • $10,000 fine
Distribution or possession with intent to distribute class E in Massachusetts is a misdemeanor, and under MGL c. 94C s. 32D carries the following potential penalties:
  • 9 months in jail
  • $250 (minimum) up to $2,500 fine
A second or subsequent offense for distribution or possession with intent to distribute class E carries the following potential penalties: 
  • 1 1/2 years in jail 
  • $500 (minimum) up to $5,000 fine
Distribution or Possession with Intent to Distribute Class A, B, or C to a Minor in Massachusetts carries enhanced penalties. Under MGL 94C s. 32F, you face the following potential penalties if charged with distributing, or possession with intent to distribute, the following substances to anyone under the age of 18 years old:

Distribution/ possession with intent to distribute HEROIN to a minor:

  • 5 years state prison (mandatory minimum), up to 15 years in state prison
  • $1,000 to $25,000 fine

Distribution/ possession with intent to distribute COCAINE to a minor:

  • 3 years state prison (mandatory minimum), up to 15 years in state prison
  • $1,000 to $25,000 fine

Distribution w/ possession with intent to distribute CLASS B (other than cocaine) to a minor:

  • 5 years state prison (mandatory minimum), up to 15 years in state prison
  • $1,000 to $25,000 fine

If you have been charged with a Massachusetts drug crime, contact our office for your free initial phone consultation:

(617) 830-2188

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