Being caught with both a gun and drugs in Massachusetts creates a perfect storm of criminal liability. This combination triggers some of the harshest penalties in the state’s criminal justice system, exposes you to potential federal prosecution, and makes it far more difficult to defend against the underlying drug charges. If you face this situation, understanding the stakes is essential.
Possession of a Firearm During Commission of a Felony
When police find a gun alongside drugs, prosecutors can charge you with possession of a firearm during the commission of a felony under Massachusetts General Laws Chapter 265, Section 18B. Drug trafficking and possession with intent to distribute are felonies, and possessing a firearm during either offense triggers this additional charge.
A first conviction carries a mandatory minimum sentence of five years in state prison. This sentence must be served consecutively, meaning it runs after any sentence imposed for the underlying drug offense. You cannot serve these sentences at the same time.
Subsequent offenses carry dramatically increased mandatory minimums. This means a second conviction for possessing a firearm during a felony could result in decades of additional prison time on top of whatever sentence you receive for the drug charges.
Federal Prosecution: An Even Higher Stakes Game
The combination of guns and drugs often attracts federal attention. Under federal law, possessing a firearm in furtherance of a drug trafficking crime carries a mandatory minimum of five years in federal prison for a first offense. Like the Massachusetts charge, this sentence runs consecutively to the underlying drug offense.
A second federal conviction for this offense carries a mandatory minimum of 25 years. Federal sentences must be served at 85% before parole eligibility, making these among the most severe penalties in the American criminal justice system.
Federal prosecutors view the presence of a firearm as evidence of serious drug trafficking activity. Cases that might otherwise stay in state court often get picked up by federal authorities when guns are involved.
The Gun Becomes Evidence Against You on the Drug Charges
Beyond the separate firearms charges, the presence of a gun fundamentally changes how prosecutors approach your drug case. A firearm found with drugs allows prosecutors to argue that you possessed the drugs for distribution, not personal use.
Why? Prosecutors will argue that drug dealers keep guns to protect their supply. They will tell the jury that someone using drugs for personal consumption has no need for a weapon, but someone selling drugs needs protection from robbery and from other dealers.
This argument can transform a simple possession charge into possession with intent to distribute or even trafficking. The difference matters enormously. Simple possession of many drugs is a misdemeanor with no mandatory jail time. Trafficking carries mandatory minimum prison sentences ranging from two years to twelve years depending on the drug type and weight.
Massachusetts Drug Trafficking Mandatory Minimums
When prosecutors elevate charges to trafficking based partly on the presence of a firearm, you face these mandatory minimum sentences for drug trafficking in Massachusetts:
For cocaine, 18 to 36 grams triggers a two-year mandatory minimum. The penalty increases with weight, reaching a twelve-year mandatory minimum for 200 grams or more.
For heroin and other opioids, 18 to 36 grams carries a three-and-a-half-year mandatory minimum. Possession of 200 grams or more means a twelve-year mandatory minimum.
For fentanyl, just 10 grams triggers a three-and-a-half-year mandatory minimum due to the drug’s extreme potency.
Stacking Charges Means Stacking Time
The reality of gun and drugs cases is that charges stack. You could face trafficking charges with their mandatory minimums, plus firearms charges with their mandatory minimums, plus federal charges if prosecutors decide to pursue them. Each mandatory minimum must be served consecutively.
A case that might have resulted in probation for simple drug possession can quickly become a decade or more in prison when a firearm is involved.
Fighting These Gun and Drug Charges Requires Experienced Defense
The severity of these charges demands immediate action. An experienced Boston criminal defense attorney can challenge the search that discovered the gun and drugs, argue that the gun was not connected to any drug activity, negotiate to keep the case in state court rather than federal court, and work to separate the firearms charges from the drug charges.
If you or someone you know faces charges involving both gun and drugs in Massachusetts, contact an experienced Suffolk criminal defense attorney and call 617-295-7500 immediately. The Law Office of Matthew Peterson defends against these serious charges throughout Eastern Massachusetts.
