Distribution of a Controlled Substance
Table of Contents
Under Massachusetts Criminal law, Distribution of a Controlled Substance may be found under Massachusetts General Laws, Chapter 94C, Sections 32 – 32D. This offense penalizes the conduct of knowingly or intentionally distributing a controlled substance to others.
This law specifically targets those individuals who are in the business of selling or dealing drugs. The penalties for this crime are listed according to the illegal drug. Each drug is placed within one of several classes of controlled substances outlined by Massachusetts law.
If you have been charged with drug distribution in Massachusetts and need an experienced Criminal Defense Attorney, call (508) 213-9113 the Law Office of John L. Calcagni, III to schedule a free consultation.
Legal Elements for Distribution of a Controlled Substance
In order to be convicted of Possession of a Controlled Substance under Massachusetts criminal law, there must exist strong evidence of the following three legal elements:
- that the substance in question is a controlled substance under Massachusetts criminal law
- that the defendant distributed a perceptible amount of that substance to another person or persons
- the defendant did so knowingly and intentionally
What is Meant by Distribute for Purposes of this Crime
Under Massachusetts criminal law regarding Distribution of a Controlled Substance, the term “distribute” means to actually deliver a controlled substance to another person or persons, regardless of the drug type or drug quantity.
It also does not matter if the recipient received the quantity of drugs for personal use or for the purpose of redistributing the drug. It is also does not matter whether any money or other compensation was provided in exchange for the drugs.
While drug dealers typically sell their products to drug users for profit, financial gain is not required in order for a defendant to be found guilty of Distribution of a Controlled Substance under Massachusetts criminal law.
Determining Drug Type in a Drug Case
Drug type is an important aspect of drug investigations, arrests and prosecutions in Massachusetts.
Massachusetts criminal laws regarding controlled substances are aimed at prosecuting the possession and trafficking of certain drug types.
When police come upon a substance, they suspect to be a controlled substance, they initially identify the substance based on its physical properties such as color, consistency, and smell.
If a particular substance is suspected to be a controlled substance, police in the field may use a portable test known as a field test to confirm the illegal nature of the substance.
Though not 100% accurate and inadmissible in court, field test results aid police with making probable cause determinations necessary to make drug arrests and similarly with applying for search and/or arrest warrants.
Following a drug arrest and seizure of a suspected drug, the substance is submitted for sensitive laboratory testing to confirm its drug type and quantity.
Laboratory reports pertaining to this testing are disclosed to the defense by the prosecution during discovery in criminal cases.
If a case ultimately proceeds to trial, the chemists who performed the laboratory testing and authored the lab reports are called as witnesses to testify about their drug testing procedures and results.
Determining Drug Quantity in a Drug Case
Drug weight or quantity is also an important aspect of drug investigations, arrests and prosecutions in Massachusetts.
When suspected drugs are seized from a defendant or crime scene, the police officer who collects the drugs and logs them into evidence will record their gross weight.
Gross weight includes the weight of the actual drugs along with the accompanying packaging materials, if packaged at the time of seizure. After drug evidence is seized, the substance is sent off to a drug laboratory for additional weighing and testing.
The purpose of the testing is for chemists to determine, with scientific certainty, the chemical composition of the substance and its precise weight.
This weight, reported as net weight, consists solely of the drug and not any packaging materials.
If the seized drug is packaged at the time of its seizure, the laboratory will remove the packaging materials before measuring and recording net weight.
The Commonwealth or District Attorney’s Office will provide the Defense with any drug lab reports and drug certificates, specifying drug type and net weight, during the pretrial discovery of a drug case.
If a case proceeds to trial, the lab personnel who conducted the testing will be called to testify as to their laboratory testing procedures performed and results obtained.
Potential Punishment if Convicted of Distributing a Controlled Substance in Massachusetts
The punishment under Massachusetts criminal law for Possession with Intent to Distribute a Controlled Substance may be found at Massachusetts General Laws, Chapter 94C, Sections 32 – 32D.
The potential punishment varies by the class and quantity of drug involved. The classes of drugs in Massachusetts include Class A, B, C, D and E controlled substances.
The punishment for Distribution of a Class A Controlled Substance
The punishment for Distribution of a Class A Controlled Substance may be found at Massachusetts General Laws, Chapter 94C, Section 32.
First time offenders
First time offenders may be punished by a term in state prison of not more than 10 years or in a house of corrections for not more than 2 ½ years and/or by a fine ranging from $1,000 to $10,000.
Subsequent offenders
Subsequent offenders shall be punished by a term in state prison for not less than 3 ½ nor more than 15 years and/or a fine ranging from $2,500 to $25,000.
The punishment for Distribution of a Class B Controlled Substance
The punishment for Distribution of a Class B Controlled Substance may be found at Massachusetts General Laws, Chapter 94C, Section 32A.
First time offenders
First time offenders may be punished by a term in state prison of not more than 10 years or in a house of corrections for not more than 2 ½ years and/or by a fine ranging from $1,000 to $10,000.
Subsequent offenders
Subsequent offenders shall be punished by a term in state prison for not less than 2 nor more than 10 years and/or a fine ranging from $2,500 to $25,000.
The punishment for Distribution of a Class C Controlled Substance
The punishment for Distribution of a Class C Controlled Substance may be found at Massachusetts General Laws, Chapter 94C, Section 32B.
First time offenders
First time offenders may be punished by a term in state prison of not more than 5 years or in a house of corrections for not more than 2 ½ years and/or by a fine ranging from $500 to $5,000.
Subsequent offenders
Subsequent offenders shall be punished by a term in state prison for not less than 2 ½ nor more than 10 years or a term in a house of corrections of not less than 18 months and not more than 2 ½ years.
The punishment for Distribution of a Class D Controlled Substance
The punishment for Distribution of a Class D Controlled Substance may be found at Massachusetts General Laws, Chapter 94C, Section 32C.
First time offenders
First time offenders may be punished by a term in a house of corrections for not more than 2 years and/or by a fine ranging from $500 to $5,000.
Subsequent offenders
Subsequent offenders shall be punished by a term in a house of corrections for not less than 1 and not more 2 ½ years and/or a fine ranging from $1,000 to $10,000.
The punishment for Distribution of a Class E Controlled Substance
The punishment for Distribution of a Class E Controlled Substance may be found at Massachusetts General Laws, Chapter 94C, Section 32D.
First time offenders
First time offenders may be imprisoned in a house of corrections for not more than 9 months and/or a fine ranging from $250 to $2,500.
Subsequent offenders
Subsequent offenders may be punished by a term in a house of corrections for not more than 1 ½ years and/or a fine ranging from $500 to $5,000.
If you have been charged with Drug Distribution and need an experienced Massachusetts Drug Defense Attorneys call (508) 213-9113 the Law Offices of John L. Calcagni III to schedule a free consultation.
