Drug Crime Defense in Massachusetts 

 
 Massachusetts takes drug crimes seriously, and offenses under M.G.L. Chapter 94C—the state’s Controlled Substances Act—carry severe penalties. Whether you are charged with possession, distribution, or trafficking, the consequences of a conviction can affect every aspect of your life. At Benzaken, Maguire, Sheehan, and Wood, LLP, our experienced defense attorneys provide aggressive, strategic representation to fight these charges and protect your future. 

 Understanding Drug Crime Charges in Massachusetts 

 Drug crimes in Massachusetts are categorized based on the type of substance, the amount involved, and the nature of the alleged offense. Controlled substances are divided into five classes (A through E), with Class A drugs, such as heroin and fentanyl, carrying the harshest penalties. 

 Drug Possession (M.G.L. c. 94C, § 34) 

 Possession charges involve knowingly having a controlled substance without a valid prescription. Penalties depend on the type of drug and whether it is a first or subsequent offense: 

• First Offense: Up to one year in jail and/or a fine of up to $1,000. 

• Subsequent Offenses: Increased penalties, including potential mandatory minimum sentences for certain drugs like heroin or cocaine. 

 For marijuana, possession of less than one ounce is legal for adults over 21, but exceeding this amount or possessing marijuana without proper authorization can still lead to charges. 

Drug Distribution and Possession with Intent to Distribute (M.G.L. c. 94C, § 32A)  

Possession with intent to distribute or distribution involves selling or intending to sell a controlled substance. Evidence like large quantities of drugs, scales, baggies, or significant cash can be used to support these charges. Penalties include: 

• Class A or B Drugs (e.g., heroin, cocaine): Up to 10 years in state prison for a first offense. 

• Class D Drugs (e.g., marijuana): Up to 2 years in jail for a first offense. 

 
Subsequent offenses carry harsher penalties, including mandatory minimum prison terms. 

 
 Drug Trafficking (M.G.L. c. 94C, § 32E) 

Trafficking involves the possession, distribution, or manufacture of large quantities of drugs. These charges carry some of the most severe penalties, which increase based on the type and weight of the substance: 

• Heroin or Fentanyl: 

  • 18-36 grams: Mandatory minimum of 3.5 years in prison (20 max). 

  • 36-100 grams: Mandatory minimum 5 years in prison (20 max) 

• Over 200 grams: Mandatory minimum of 12 years. 

• Cocaine: 

  • 14-28 grams: Mandatory minimum of 3 years in prison (15 max). 

  • 28-100 grams: Mandatory minimum of 5 years in prison (20 max) 

  • 100-200 grams: Mandatory minimum is 8 years (20 max) 

  • Over 200 grams: Mandatory minimum of 15 years. 

• Marijuana: 

  • 50-100 pounds: Mandatory minimum of 1 year in jail. 

  • Over 2,000 pounds: Mandatory minimum of 10 years in state prison. 

 

Trafficking charges often carry mandatory minimum sentences, leaving little room for leniency without a strong defense. 
 

Consequences of a Drug Crime Conviction 

 In addition to the direct penalties, a drug crime conviction can have far-reaching effects on your life, including: 

• Loss of Employment Opportunities: Many employers conduct background checks and may not hire individuals with drug convictions. 

• Housing Challenges: A conviction can make it difficult to rent or qualify for certain housing programs. 

• Driver’s License Suspension: Drug convictions may lead to a loss of driving privileges. 

• Educational Barriers: Convictions can impact financial aid eligibility and academic opportunities. 

• Immigration Consequences: Non-citizens may face deportation or inadmissibility due to a drug-related conviction. 

 Defending Against Drug Crime Charges 

 At Benzaken, Maguire, Sheehan, and Wood, LLP, we know that every case is unique. Our attorneys carefully analyze the details of your case to build a tailored defense strategy. Common defenses include: 

1. Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights during the investigation, we may be able to have evidence suppressed. 

2. Lack of Knowledge: In some cases, you may not have been aware that drugs were in your possession. 

3. Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. 

4. Chain of Custody Issues: Mishandling or improper storage of evidence can compromise the case against you. 

5. Entrapment: If law enforcement induced you to commit a crime you would not have otherwise committed, this may be a viable defense. 

 
 

Why Choose Benzaken, Maguire, Sheehan, and Wood, LLP? 

 
Drug crime cases require a defense team that understands both the complexities of Massachusetts drug laws and the intricacies of local court systems. At Benzaken, Maguire, Sheehan, and Wood, LLP, we offer: 

• Decades of Experience: Our attorneys have successfully defended clients against a wide range of drug charges. 

• Personalized Defense: We develop a strategy tailored to your case and work tirelessly to protect your rights. 

• Aggressive Representation: From pre-trial negotiations to courtroom litigation, we fight for the best possible outcome. 

• Collaborative Approach: With a five-attorney team, we bring a wealth of knowledge and perspectives to every case. 

 

Contact Us for a Free Consultation 

 

If you or a loved one is facing drug crime charges in Massachusetts, time is critical. The sooner you consult with an experienced defense attorney, the better your chances of achieving a favorable outcome.