As part of my criminal defense practice, I also handle drug possession cases and Operating Under the Influence of Drugs (OUI Drugs).
Don’t plead guilty to a drug possession charge in Massachusetts without consulting with a lawyer first! You’ll be facing an automatic one year loss of license for any criminal drug charge. And there may be ways to beat the case entirely. There are more details on drug possession defense strategies here at our criminal defense site.
Massachusetts Drug Possession Penalties
Chapter 94C: Section 34. Unlawful possession of particular controlled substances, including heroin and marihuana. This chapter covers possession of drugs in Massachusetts. The three most commonly charged possession crimes are heroin, a class A substance, cocaine, a class B substance, and marihuana, a class D substance. Other common possession charges include meth, ecstasy, prescription medications, and many other substances.Possession of Heroin carries up to 2 years in jail for a first offense and up to 2 1/2 for a second, or 2 1/2 to 5 years in state prison.
Cocaine possession carries a penalty of up to 1 year in jail for a first offense and up to 2 for a second.
A typical result for first (1st) offense possession of Class D Marijuana is 6 months probation then dismissal. A conviction for possession of Marijuana or any other drug offense carries a 1 year loss of drivers license. (A hardship license may be available.) Penalties for 2nd/second offense Class D possession, and third 3rd and subsequent offenses get more severe, and may require different defense tactics. You are often facing mandatory drug treatment programs, higher fines, and possibly jail time.
Fight Back with the Right Defense Strategies!
There are many different strategies to employ in defending a possession charge. After speaking with you and determining the facts of a case, your lawyer will want to file the most appropriate motions to dismiss the charges, or suppress the evidence against you. Your rights under the US and Massachusetts state Constriction are paramount.
For criminal drug defense questions or other Massachusetts Criminal Law issues, call Attorney Russell Matson 24 hours a day at (781) 380-7730.
Call Russell Matson’s cell phone to talk to an attorney anytime at (781) 380-7730.