Greater Boston Area / Brockton Drug Possession Charges Criminal Defense Lawyers

About Massachusetts Drug Crimes Law

pot on scale drug crimes defense lawyersMassachusetts General Laws Chapter 94C Section 34 governs the various drug possession crimes in Massachusetts and explains the various types of drug classes as well as the sentences that accompany a conviction for possession of the different types of drugs. Someone is in illegal possession of drugs if and when they have physical control over any controlled substance without a valid prescription.

In order to convict the prosecution has the burden of proving that the defendant knowingly and willingly had physical control over one of the five classes of drugs without a valid prescription:

Class A (Heroin, GHB, Morphine)

  • First Offense: Up to 2 years in jail and a $2,000 fine. Loss of drivers license for one year.
  • Second Offense: Up to 2 ½ years in state prison (if tried in Superior Court) but no more than 5 years and a $5,000 fine. Loss of drivers license for one year.

Class B (Ecstasy, Cocaine, Oxycontin/Oxycodone, LSD, Amphetamines, Methamphetamines)

  • First Offense: Up to 1 year in jail. Loss of drivers license for one year.
  • Second Offense: Up to 2 years in jail. Loss of drivers license for one year.

Class C (Vicodin, Clonazepam, Valium)

  • First Offense:  State prison sentence up to 5 year and sentence in the house of corrections up to 2 ½ years.
  • Second Offense:  Minimum 1 year and up to 2 ½ years in the house of corrections.

Class D  (Marijuana more than 1ounce)

  • First Offense: Up to 6 months in jail and a $500 fine. Likely though a first offense will result in a continuance without a finding (CWOF). This is where the judge continues the case while you are on probation. If the parameters of the probation for the duration of the probation then the judge will dispose of the case. Loss of drivers license for one year.
  • Second Offense: Up to 2 years in jail, $2,000 fine and or mandatory drug treatment program.

Class E (Codeine, mild doses of Morphine, and Opium)

Marijuana Decriminalization

On November 4, 2008  Massachusetts residents voted to decriminalize possession of marijuana under 1 ounce. If you are found in possession of marijuana under 1 ounce the police will issue you a civil citation for $100. However, you will have 21 days to appeal the citation. Juveniles in possession of marijuana can face a maximum fine of $1,000 and mandatory treatment in a drug abusers program.

Experienced Southeast MA/Brockton Drug Crimes Defense Attorney

Free Consultation – Serving The Greater Boston Area Including Brockton, Canton, Taunton, Bridgewater

If you have been charged with drug possession we invite you to call our drug crimes criminal defense attorneys and rest assure that you will taken an the first important step in resolving this matter. A drug conviction on your record can follow you around for the rest of your life. If this is your first offense then call our law office today. Put our experience with the court system to work for you.

Our knowledgeable and experienced Greater Boston Drug Offense Lawyers at The Noonan Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Easton, Norton, Randolp, Holbrock, Abington, Hingham, Quincy, Plymouth, Marshfield, Attleboro, Braintree, Rockland, Hanover, Duxbury,Whitman, Hanson, Halifax, Middleborough, Raynham, Mansfield, Avon, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk, Bristol, Massachusetts.

No matter where you are located, we are just a phone call away. Call an experienced Brockton Defense Attorney to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.