Drug Crime Penalties

This is one part of several pages about drug crimes in Massachusetts. You should start with the introduction by clicking here.

POSSESSION OF CLASS A SUBSTANCE

First Offense: Possession of a Class A substance in Massachusetts (heroin, morphine, GHB, Special K) carries the following penalties:

  • 2 years in jail;
  • $2,000 fine; and
  • 1 year loss of driver’s license (mandatory).

Second offense: Possession of Class A substance is a felony and carries the following potential penalties:

  • 5 years in state prison;
  • $5,000 fine; and
  • 1 year loss of driver’s license (mandatory).
POSSESSION OF CLASS B SUBSTANCE

First Offense. Possession of a Class B substance in Massachusetts (cocaine, crack, LSD, oxycodone, oxycontin, ecstacy, hydrochloride, amphetamine, methamphetamine) carries the following potential penalties:

  • 1 year in jail;
  • $1,000 fine; and
  • 1 year loss of driver’s license (mandatory).

Second or Subsequent Offenses: Possession of Class B substance in Massachusetts carries the following potential penalties:

  • 2 years in jail;
  • $2,000 fine; and
  • 1 year loss of driver’s license (mandatory).
POSSESSION OF CLASS C SUBSTANCE

First Offense: Possession of a Class C substance in Massachusetts carries the following potential penalties:

  • 1 year in jail;
  • $1,000 fine; and
  • 1 year loss of driver’s license (mandatory).

Second or Subsequent Offenses: Possession of Class C substance in Massachusetts carries the following potential penalties:

  • 2 years in jail;
  • $2,000 fine; and
  • 1 year loss of driver’s license (mandatory).
POSSESSION CLASS D OR E

First Offense: Possession of more than one ounce of marijuana, Class D, or possession of a Class E substance in Massachusetts carries the following potential penalties:

  • 6 months in jail;
  • $500 fine; and
  • 1 year loss of driver’s license (mandatory).

If you are convicted of a first offense for possession of more than one ounce of marijuana or for possession of a class E substance and you have no other drug-related convictions or felonies on your record, you are entitled to probation (no jail time). Further, if you successfully complete probation for this offense, your record will automatically be sealed (except from law enforcement).

POSSESSION WITH INTENT TO DISTRIBUTE CLASS A SUBSTANCE

First Offense: Distribution or possession with intent to distribute a Class A drug in Massachusetts is a felony. A conviction for this offense carries the following potential penalties:

  • 10 years in state prison;
  • $10,000 fine; and
  • 3 year loss of driver’s license (mandatory).

Second or Subsequent Offense: Possession of a Class A drug with intent to distribute is a felony in Massachusetts. A conviction carries a mandatory minimum state prison sentence of 3 1/2 years and up to the following potential penalties:

  • 15 years in state prison;
  • $25,000 fine; and
  • 4 year loss of driver’s license (mandatory).
POSSESSION WITH INTENT TO DISTRIBUTE CLASS B SUBSTANCE

First Offense: Distribution or possession with intent to distribute cocaine, crack or methamphetamine in Massachusetts is a felony. If convicted, this charge carries a mandatory minimum 1 year jail sentence and up to the following potential penalties:

  • 10 years in state prison;
  • $10,000 fine; and
  • 3 year loss of driver’s license (mandatory).

Second Offense: Distribution or possession with intent to distribute cocaine, crack or methamphetamine carries a mandatory minimum 3 1/2 years in state prison, a $2,000 fine, and up to the following potential penalties:

  • 15 years in state prison;
  • $25,000 fine; and
  • 4 year loss of driver’s license (mandatory).

Distribution or possession with intent to distribute class B drugs, other than cocaine, crack or methamphetamine, carries the following potential penalties:

  • 10 years in state prison;
  • $10,000 fine; and
  • 3 year loss of driver’s license (mandatory).

Second or Subsequent Offense: Distribution or possession with intent to distribute class B, other than cocaine, crack or methamphetamine, carries a mandatory minimum of 2 years in jail and $2,500 fine and up to the following potential penalties:

  • 10 years in state prison;
  • $25,000 fine; and
  • 4 years license loss (mandatory).
DISTRIBUTION OR POSSESSION WITH INTENT TO DISTRIBUTE CLASS C

First Offense: Distribution or possession with intent to distribute class C in Massachusetts is a felony and carries the following potential penalties:

  • 5 years in state prison;
  • $5,000 fine; and
  • 3 years license loss (mandatory).

Second or Subsequent Offense: Distribution or possession with intent to distribute class C drugs carries a mandatory minimum of 18 months in jail and $1,000 fine and up to the following potential penalties:

  • 10 years in state prison;
  • $10,000 fine;
  • 4 years license loss (mandatory).
DISTRIBUTION OR POSSESSION WITH INTENT TO DISTRIBUTE CLASS D

First Offense: Distribution or possession with intent to distribute class D in Massachusetts is a misdemeanor, and under carries the following potential penalties:

  • 2 years in jail;
  • $500 (minimum) up to $5,000 fine; and
  • 2 years license loss (mandatory).

Second or Subsequent Offense: Distribution or possession with intent to distribute class D substance carries a mandatory minimum 1 year in jail and $1,000 fine and up to the following potential penalties:

  • 2 1/2 years in jail;
  • $10,000 fine; and
  • 3 years loss of driver’s license (mandatory).
DISTRIBUTION OR POSSESSION WITH INTENT TO DISTRIBUTE CLASS C

First Offense: Distribution or possession with intent to distribute class E in Massachusetts is a misdemeanor and carries the following potential penalties:

  • 9 months in jail;
  • $250 (minimum) up to $2,500 fine; and
  • 2 years license loss (mandatory).

Second or Subsequent Offense: 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; and
  • 3 years license loss (mandatory).
POSSESSION WITH INTENT TO DISTRIBUTE TO A MINOR

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 convicted of 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; and
  • $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; and
  • $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; and
  • $1,000 to $25,000 fine.
TRAFFICKING

Heroin trafficking carries the following penalties:

  • 14 grams up to 28 grams will result in a punishment of 5 to 20 years in state prison. There is a mandatory minimum sentence of 5 years in state prison;
  • 28 grams up to 100 grams will result in a punishment of 7 to 20 years in state prison. There is a mandatory minimum sentence of 7 years in state prison;
  • 100 grams up to 200 grams will result in a punishment of 10 to 20 years in state prison. There is a mandatory minimum sentence of 10 years in state prison; and
  • 200 grams or more will result in a punishment of 15 to 20 years in state prison. There is a mandatory minimum sentence of 15 years in state prison.

Marijuana trafficking carries the following penalties:

  • 50 pounds or more will result in a punishment of 2.5 to 15 years in state prison or 1 to 2.5 years in jail. There is a mandatory minimum sentence of 1 year in state prison;
  • 100 pounds up to 2,000 pounds will result in a punishment of 3 to 15 years in state prison. There is a mandatory minimum sentence of 3 years in state prison;
  • 2,000 pounds up to 10,000 pounds will result in a punishment of 5 to 15 years in state prison. There is a mandatory minimum sentence of 5 years in state prison; and
  • 10,000 plus pounds will result in a punishment of 10 to 15 years in state prison. There is a mandatory minimum sentence of 10 years in state prison.

Cocaine trafficking carries the following penalties:

  • 14 grams up to 28 grams will result in a punishment of 3 to 15 years in state prison. There is a mandatory minimum sentence of 3 years in state prison;
  • 28 grams up to 100 grams will result in a punishment of 5 to 20 years in state prison. There is a mandatory minimum sentence of 5 years in state prison;
  • 100 grams up to 200 grams will result in a punishment of 10 to 20 years in state prison. There is a mandatory minimum sentence of 10 years in state prison; and
  • 200 grams or more will result in a punishment of 15 to 20 years in state prison. There is a mandatory minimum sentence of 15 years in state prison.