Under Massachusetts Criminal law, Possession with Intent to Distribute a Controlled Substance may be found under Massachusetts General Laws, Chapter 94C, Sections 32 – 32D.
This offense penalizes the conduct of knowingly or intentionally possessing a controlled substance with the intent to distribute the substance to others. This law specifically targets those individuals who are in the business of selling or dealing drugs.
Penalties for this crime are listed according to the illegal drug possessed with the intent to distribute. Each drug is placed within one of several classes of controlled substances outlined by Massachusetts law.
Legal Elements for Possession with Intent to Distribute a Controlled Substance
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In order to be convicted of Possession with Intent to Distribute 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 law
- that the defendant possessed some perceptible amount of that substance with the intent to distribute it to another person or persons
- the defendant did so knowingly and intentionally
Possession with Intent to Distribute v. Possession for Personal Use
Under Massachusetts criminal law, Possession with Intent to Distribute a Controlled Substance is a more serious offense than Possession of a Controlled Substance, and more colloquially known as “simple possession of a controlled substance.
Possession of a Controlled Substance is actually a lesser included offense within the more serious offense of Possession with Intent to Distribute a Controlled Substance.
A possible defense strategy in a possession with intent to distribute case is to admit simple possession and to fight or defend against the “intent to distribute“ element of the crime. This strategy does not absolve a defendant of all criminal responsibility, but is designed to minimize or limit criminal exposure to a less serious offense, and hopefully, a less serious punishment.
Whether a defendant simply possessed drugs for his or her own personal use or possessed them with the intent to distribute the drugs others is a fact-based determination based on the totality of circumstances presented in each case.
Various factors may considered in making this determination such as:
- the quantity of drugs possessed
- purity or quality of the drugs possessed
- the street value of the drugs
- a defendant’s financial resources, how the drugs were packaged
- the presence of other items with the drugs which might suggest or be indicative of drug dealing such as cutting agents, adulterants, packaging materials, scales, drug ledgers, large amounts of cash, firearms, and other tools of the drug trade
- the location of the drugs, the reputation of the neighborhood where the drugs were located and more
Potential Punishment if Convicted of Possession with Intent Distribute 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 possessed. The classes include Class A, B, C, D and E controlled substances.
Punishment for Possession with Intent to Distribute a Class A Controlled Substance
The punishment for Possession with Intent to Distribute 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 Possession with Intent to Distribute a Class B Controlled Substance
The punishment for Possession with Intent to Distribute 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 Possession with Intent to Distribute a Class C Controlled Substance
The punishment for Possession with Intent to Distribute 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 Possession with Intent to Distribute a Class D Controlled Substance
The punishment for Possession with Intent to Distribute 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 than 2 ½ years and/or a fine ranging from $1,000 to $10,000.
The punishment for Possession with Intent to Distribute a Class E Controlled Substance
The punishment for Possession with Intent to Distribute 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 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 Possession with Intent to Distribute a Controlled Substance and need an experienced Massachusetts Drug Defense Lawyer call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.
