Accused of Distribution and Possession of a Controlled Substance? Contact us NOW!

What is Distribution and Possession of a Controlled Substance?

As a seasoned criminal defense attorney in Massachusetts, we understand the complexities and nuances of the state’s drug laws.

In Massachusetts, “distribution” refers to the act of delivering a controlled substance to another person, excluding administering or dispensing. “Possession” involves having direct physical control or custody of a controlled substance, or having knowledge of the substance and the ability and intent to control it, either directly or through another person.

Controlled substances are categorized into Classes A through E under Massachusetts law, with Class A substances being the most dangerous (e.g., heroin) and Class E being the least.

What Are The Elements of Distribution and Possession of a Controlled Substance?

To secure a conviction for possession with intent to distribute, the Commonwealth must prove beyond a reasonable doubt:

  1. The defendant knowingly or intentionally possessed a controlled substance.
  2. The substance was a controlled substance as defined by law.
  3. The defendant intended to distribute the substance to another person.


Evidence supporting intent to distribute may include factors such as the quantity of the substance, packaging indicative of distribution, presence of paraphernalia like scales or baggies, and large amounts of cash.

What Are The Penalties Associated With This Crime?

Penalties for possession with intent to distribute vary based on the class of the controlled substance:

  • Class A (e.g., heroin): Up to 10 years in state prison, with a mandatory minimum of 3.5 years for a first offense.
  • Class B (e.g., cocaine): Up to 10 years in state prison, with a mandatory minimum of 2 years for a first offense.
  • Class C (e.g., prescription narcotics): Up to 5 years in state prison or 2.5 years in a house of correction.
  • Class D (e.g., marijuana): Penalties vary; possession of small amounts has been decriminalized, but distribution remains a criminal offense.
  • Class E (e.g., certain prescription drugs): Up to 9 months in a house of correction.


Enhanced penalties apply for offenses committed near schools or involving minors.

Why Choose Us As Your Defense Attorney?

With years of specialized experience, The Law Office of Matthew W. Peterson has established itself as the go-to Boston criminal defense attorney in Massachusetts.

  1. Relentless Advocacy: With experience, fidelity, and a focus on results, we give criminal defense that prioritizes your rights, so you feel supported and confident every step of the way.
  2. Proven Track Record: With a strong focus on criminal defense, we not only bring moments of experience but also constantly achieve successful outcomes, making us a trusted choice for our clients.
  3. Affordable and Accessible: Our criminal defense firm combines quality representation with straightforward pricing, so you can get expert legal help without the heavy cost.
  4. Understandable Explanations: We give clear, straightforward criminal defense guidance so you can confidently navigate your legal situation and understand each step along the way.

Experienced Criminal Lawyers Ready to Fight for You

Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500

Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034

Office Hours
Mondays – Fridays
24/7 Support

Saturdays – Sundays
10:00am – 2:00pm

Our Legal Process and How We Work

1.
Initial Consultation

We give our clients a comprehensive overview of their legal issues, gathering essential information to understand their unique situation.

2.
Strategic Plan Development

After the initial discussion, we create a tailored strategic plan outlining how we aim to achieve the customer’s objectives.

3.
Representation and Advocacy

Once the agreement is in place, we begin representing you, furnishing expert legal guidance and devoted advocacy throughout your case.

1.
Initial Consultation

We give our clients a comprehensive overview of their legal issues, gathering essential information to understand their unique situation.

2.
Strategic Plan Development

After the initial discussion, we create a tailored strategic plan outlining how we aim to achieve the customer’s objectives.

3.
Representation and Advocacy

Once the agreement is in place, we begin representing you, furnishing expert legal guidance and devoted advocacy throughout your case.

Act Now Before It's Too Late

Facing charges for possession or distribution of a controlled substance in Massachusetts is a serious matter with severe consequences. Delaying action can result in mandatory minimum sentences, loss of employment opportunities, and a permanent criminal record. Immediate legal representation is crucial to protect your rights and explore all possible defenses. Don’t wait—take control of your future now.

FAQs

Possession involves having control over a controlled substance for personal use, while possession with intent to distribute includes evidence suggesting plans to sell or distribute the substance, such as packaging materials or large quantities.

Yes. Sharing controlled substances, even without monetary exchange, can be considered a distribution under Massachusetts law.

Potential defenses include lack of knowledge about the substance, absence of intent to distribute, or unlawful search and seizure. Each case is unique and requires legal analysis.

Yes. Penalties vary depending on the classification of the substance, with Class A substances carrying the most severe penalties.

Seek immediate legal counsel to understand your rights, evaluate the evidence, and develop a defense strategy.

Our Latest Victory Cases You Need to KNOW!

Facing Drug Charges? Immediate Action Is Crucial!

Experienced Criminal Lawyers Ready to Fight for You

Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500

Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034

Office Hours
Mondays – Fridays
24/7 Support

Saturdays – Sundays
10:00am – 2:00pm

Our Latest Victory Cases You Need to KNOW!

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