Drug Possession

If you or someone you care about is arrested for possession of a drug in Massachusetts, you might wonder what kind of drug it is and how the drug is classified (if you weren’t aware that drugs were classified – you’ll certainly learn quickly after being charged with possession!).  Not only do you face jail time and fines if you are convicted of possession, you also face license loss!  The five classes of drugs that are crimes to possess:

Class A Drugs:

  • Heroin
  • Morphine
  • Codeine
  • Ketamine (Special  K)

Class B Drugs:

  • Cocaine
  • Crack
  • Amphetamines
  • Methadone
  • LSD
  • PCP

Class C Drugs:

  • Peyote
  • Mescaline

Class D Drugs:

  • Marijuana

Class E Drugs:

  • Prescription drugs that are not mixed with narcotics.

For a complete and extensive listing of the different classes of drugs in Massachusetts, you can look at the Massachusetts General Laws Website.

PENALTIES FOR DRUG POSSESSION:

Class A Punishments:

First Offense:

  • Not more than 2 years in jail.

Second or Subsequent Offense:

  • Up to 2 and 1/2 years in jail
  • OR up to 5 years in state prison.

Class B Punishments:

First Offense:

  • Not more than 1 year in jail.

Second or Subsequent Offense:

  • Up to 2 years in jail.

Class D Punishments:

First Offense:

  • Not more than 2 years in jail
  • OR fine of not less than $500 and not more than $5,000
  • OR both fine AND imprisonment.

Second or Subsequent Offense:

  • Not less than 1 or more than 1 1/2 years in jail (i.e. you must serve at least 1 year)
  • Fine of between $1,000 and $10,000
  • OR both fine AND imprisonment.

If you have been charged with any of the above crimes you NEED an ATTORNEY.   The Commonwealth has to prove that you knowingly possessed the drug and that it is in fact the drug in question.  Contact The Law Office of Jessica A. Foley for a consultation.  You can also contact her TOLL FREE at 866-981-7888 or via email at Jessica@JessicaFoleyLaw.com.

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