Drug trafficking charges in Massachusetts can be reduced, and understanding how this works can make a huge difference. Facing charges like these can feel hopeless—the weight of mandatory minimum prison sentences looms over defendants and their families. But trafficking charges aren’t always set in stone. Knowing the legal strategies, weaknesses in the evidence, and circumstances that may lead to reduced charges can provide a realistic path forward during an incredibly difficult time.
The Three Levels of Drug Charges
Massachusetts law treats drug offenses on a spectrum based on two key factors: the amount of drugs involved and whether there’s evidence of intent to distribute.
Drug Trafficking (Mass. Gen. Laws c. 94C, § 32E) sits at the top tier. These charges carry mandatory minimum prison sentences—meaning judges have no discretion to impose lighter sentences, even for first-time offenders.
Drug Possession with Intent to Distribute (Mass. Gen. Laws c. 94C, § 32) is the middle ground. While still a felony, this charge doesn’t carry a mandatory minimum sentence. Judges can consider the circumstances of your case and impose probation or shorter sentences when appropriate.
Simple Possession Of Drugs is a misdemeanor. It doesn’t require mandatory jail time and offers the most flexibility in sentencing.
How Drug Trafficking Charges in Massachusetts Can Be Reduced
Trafficking charges depend on proving specific weight thresholds. If prosecutors can’t prove the drugs met the required weight for trafficking, the charge may be reduced to possession with intent to distribute. This happens less frequently through drug lab errors (though it does occur) and more often through successful legal challenges to how evidence was collected, stored, or measured.
The reduction from possession with intent to straight possession hinges on a different question: can prosecutors prove you intended to sell or distribute the drugs? Without evidence like scales, packaging materials, large amounts of cash, or witness testimony about sales, this intent becomes harder to establish.
Two Windows of Opportunity
Before trial, your attorney can file a motion to dismiss if the evidence doesn’t support the charges. These motions ask the judge to review whether prosecutors have sufficient evidence to proceed. Alternatively, your attorney may negotiate with prosecutors to amend the charges based on weaknesses in their case.
During trial, the burden shifts to prosecutors to prove every element of the charge beyond a reasonable doubt. Your defense can challenge the weight evidence or argue that the evidence doesn’t establish intent to distribute. The prosecution must convince the jury—and if they fail to meet their burden on any element, the charge cannot stand as filed.
What This Means for You
Every case involves unique facts and circumstances. The strength of the evidence against you, how that evidence was obtained, and the specific details of your situation all matter. While drug lab errors about weight are uncommon, challenges to the legality of searches, chain of custody issues, and lack of distribution evidence create real opportunities for charge reduction.
These principles apply to Massachusetts state drug charges. Federal drug charges are subject to different rules and procedures.
If you’re facing trafficking charges, consult with an experienced criminal defense attorney who can evaluate your specific case and identify viable paths to reduced charges.
