The penalties for drug possession in Massachusetts depend on a variety of factors, such as your record and the charges.
Simple possession of a controlled substance in Massachusetts is a serious offense that requires an experienced drug possession defense attorney. The penalties depend on your record and the drug you’re accused of possessing.
Remember that possession with intent to distribute is a different offense with different penalties.
The penalty for drug possession in Massachusetts depends on your previous convictions. For a first offense, possession of a controlled substance generally carries possible jail time of a year and a fine of $1,000. A second offense is still a misdemeanor and carries up to two years in jail and a fine of up to $2,000.
However, possession of heroin has more severe penalties. For a first offense, it’s a misdemeanor punishable by up to two years in jail and a fine of $2,000. For a second offense, possession of heroin can mean from 2 1/2 to 5 years in prison or up to 2 1/2 years in the house of corrections.
Drug cases are often also resolved with a continuance without a finding (CWOF), which means that if you complete probation, the case will be dismissed.
What are the Defenses for Drug Possession in Massachusetts?
Defense of possession of a controlled substance charge can be complex and requires an experienced drug defense attorney. Often, drug possession defense involves a motion to suppress, a motion that alleges the police searched you illegally. After a hearing, if the judge agrees to suppress the evidence, this often means the case will be dismissed.
Additionally, the district attorney may also agree to reduce your charges if you participate in a drug treatment program.
If you’re charged with possession of a controlled substance in Massachusetts, the penalties depend on a variety of factors. It’s critical to hire a criminal defense attorney to represent you.
While my office is headquarted in Boston, I represent people charged with drug possession in all Massachusetts. courts. Contact me today at (617) 295-7500 and let’s get started on your defense.