Arrested in Massachusetts for Drug Dealing?
Possession of Drugs with Intent to Distribute is a very serious charge in Massachusetts, with a strong likelihood of jail time if convicted.
Drug dealing and distribution charges can be a particularly complicated area of Massachusetts law, especially if there is a school zone violation included in the charges. If you have been arrested and charged with any of these crimes, you need an experienced criminal defense lawyer on the case immediately, to defend your rights and preserve all legal defense options.
Under the drug laws of Massachusetts, there is no specific quantity of drugs that qualifies for an intent to distribute charge. You can be charged with intent to distribute depending on very vague circumstances of the drug arrest.
You can be charged with distribution depending on how the drugs are packaged, even if there is no other evidence that you intended to sell drugs.
Intent to distribute may be charged based on the number of individual packages of drugs, the presence of baggies or twist ties, the presence of a scale, placement of drugs near a phone or phone list, or nearly anything that the police think that a jury might conceivably conclude that the drugs were for sale.
Or if you are growing pot/marijuana in sufficient quantities (honestly, in any quantity, they are likely to try this), they may charge you with intent to distribute, or trafficking.
Minimum penalties for selling drugs, also known as distribution or possession w/intent to distribute charges, according to Massachusetts drug laws:
Class A substance: First offense up to 2 1/2 years; a Second offense conviction has a mandatory minimum of 5 years in prison.
Class B substance: First offense up to 2 1/2 years; a Second offense conviction has a mandatory minimum of 3 years in prison.
- Class C substance: First offense up to 2 1/2 years; a Second offense conviction has a mandatory minimum of 2 years in prison.
- Class D substance: First offense up to 2 1/2 years; a Second offense conviction has a mandatory minimum of 2 years in prison.
If there is a school zone violation involved, there is a mandatory minimum of 2 years on a first offense.
You can be charged with a school zone violation if you are within 300 feet of a school of any kind, regardless of if you had any intention of distributing within that zone.
Penalties for drug possession can be found on my possession info page.
Massachusetts Intent to Distribute Defense Strategies
With any drug distribution arrest, I’ll first try any way possible to get the charges dropped down to a straight possession. That will reduce the charge from a felony to a misdemeanor.
There are a number of constitutional defenses to an intent to distribute charge. In most cases, we start with a motion to suppress the evidence. The police need to have the right probable cause to search you, and cannot violate your constitutional and legal rights under the 4th Amendment of the US Constitution. Also, a motion to suppress may cover any statements you may have made before the police may have read you your Miranda rights.
The next steps depend on the specifics of your case. I’d be happy to speak or meet with you and go over the police report. I’ll give you an honest assessment of your case, with full confidentiality, and no further obligation. Give me a call.
Take Advantage of a Free Legal Consultation
If you are charged with intent to distribute drugs, drug dealing or selling, school zone violations, drug trafficking, or another criminal offense, call me today to discuss your charges, and what I can do to help.
By calling, you have nothing to lose. I’ll be happy to talk with you and discuss your case before you decide if you want to hire me. Defending people accused of crimes is what I do for a living. Call to set up a free consultation now.