COVID-19 Update: Click Here

Best Lawyers - Best Law Firms 2020
Justia Badge
Lawyers Weekly
Martindale-Hubbell
AVVO.
Super Lawyers.
Super Lawyers
WBA Supporter
Massachusetts Academy of Trial Attorneys
The National Trial Lawyers
Top Ten Ranking
Top 40 Under 40
AVVO
Top 100
Best Lawyers 2020 Badge
Peer Rated

Drug Crime Penalties

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

In 2018, Massachusetts overhauled its sentencing system for drug crimes. Among other things, sentencing ranges for a wide range of drug offenses were changed and fentanyl was reclassified as a Class A substance. Possession of less than one ounce of marijuana is no longer a criminal offense.

The chart below summarizes the new sentence ranges for many of the most common drug crimes. This list is not exhaustive and you should contact an experienced criminal defense attorney to make sure you are receiving full and complete advice regarding potential sentencing exposure. Please also note the chart does not include potential periods of probation or fines.

Possession
Class of DrugG.L.Penalty
Class A (Other than Heroin)c. 94C, §340-1 year HOC
Heroinc. 94C, §340-2 years HOC
Heroin 2nd/Subsequentc. 94C, §342 ½ - 5 years prison or 0-2 ½ HOC
Note: No mandatory language
Class Bc. 94C, §340-1 year HOC
Class Cc. 94C, §340-1 year HOC
Class Dc. 94C, §340-1 year HOC
Class Ec. 94C, §340-6 months HOC
2nd/Subsequent
Class A, B, C, or D
c. 94C, §340-2 years HOC
Distribution / Possession with Intent
Class of DrugG.L.Penalty
Class A (Now includes Fentanyl, Carfentanil, etc.)c. 94C, §32(a)0-10 years prison or 0-2 ½ years HOC
Class A 2nd/Subsequentc. 94C, §32(b)3 ½ -15 years prison – True Mandatory
Class Bc. 94C, §32A(a)0-10 years prison or 0-2 ½ years HOC
Class B 2nd/Subsequentc. 94C, §32A(b)0-10 years prison – no HOC alternative
Class B – Cocaine or Methc. 94C, §32A(c)0-10 years prison or 0-2 ½ years HOC
Class B – Cocaine or Meth 2nd/Subsequentc. 94C, §32A(d)0-15 years prison – no HOC alternative
Distribution / Possession without Intent – Cont.
Class of DrugG.L.Penalty
Class Cc. 94C, §32B0-5 years prison or 0-2 ½ years HOC
Class C 2nd/Subsequentc. 94C, §32B(b)0-10 years prison or 0-2 ½ years HOC
Class Dc.94C, §32C0-2 years HOC
Class D 2nd/Subsequentc. 94C, §32C(b)0-2 ½ years HOC
Class Ec. 94C, §32D0-9 months HOC
Class E 2nd/Subsequentc. 94C, §32D(b)0-1 ½ years HOC
Trafficking

Note: These mandatories all include “true mandatory” language

Class of DrugG.L.Penalty
Marijuana – 50-100lbsc. 94C, §32E(a)(1)2 ½ -15 years prison or 1-2 ½ years HOC
Marijuana – 100-2000lbsc. 94C, §32E(a)(2)2-15 years prison
Marijuana – 2000-10,000lbsc. 94C, §32E(a)(3)3 ½-15 years prison
Marijuana - + 10,000lbsc. 94C, §32E(a)(4)8-15 years prison
Cocaine/Meth – 18-36gc. 94C, §32E(b)(1)2-15 years prison
Cocaine/Meth – 36-100gc. 94C, §32E(b)(2)3 ½-20 years prison
Cocaine/Meth – 100-200gc. 94C, §32E(b)(3)8-20 years prison
Cocaine/Meth – 200+gc. 94C, §32E(b)(4)12-20 years prison
Heroin, etc. – 18-36gc. 94C, §32E(c)(1)3 ½-30 years prison
Heroin, etc. – 36-100gc. 94C, §32E(c)(2)5-30 years prison
Heroin, etc. – 100-200gc. 94C, §32E(c)(3)8-30 years prison
Heroin, etc. – 200+gc. 94C, §32E(c)(4)12-30 years prison
Fentanyl/Carfentanil – 10+gc. 94C, §32E(c ½)3 ½-20 years prison
Client Reviews
★★★★★
We wanted to thank you again so much for all you did for us and your support throughout this ordeal. You did a great job for us and we truly appreciate it. We wish you well always. Dot and Alex
★★★★★
We are extremely happy that we chose Kathy Jo Cook as our attorney. She brings experience, knowledge and compassion into the complicated legal process. Day or night, Attorney Cook always had time to talk to us and answer any questions we had throughout. We highly recommend her. Christopher & Mary Casella
★★★★★
KJC Law firm handled my case and I was very pleased with the results. The Team there always returned my calls or emails quickly. They are very direct and upfront on how they feel the case will go and the best ways of handling it. I would definitely call them again should I need their assistance and will recommend them to others highly. J G.
★★★★★
Law firm represented myself and another individual in a work related age discrimination case and was successful in obtaining a settlement in our favor. Couldn't be happier with the results and the representation. Mike K.
★★★★★
I have worked with Kathy Jo Cook for over a decade. She has represented me in both personal and professional matters and has given 150% every time. Kathy Jo is hardworking and always has my best interests in mind. She is professional and reliable and has been accessible as needed, even after business hours. Kathy has expertise in many areas of law and is incredibly fair and ethical in her client work. We secured favorable outcomes every time that have enabled me to enjoy more happiness, health and success in my life. Mindy