Drug Crimes in Suffolk County, Massachusetts
Drug crimes in Suffolk County are offenses related to the production, use, possession, or distribution of illegal drugs such as heroin, cocaine, marijuana, amphetamines, and other similar substances. Chapter 94C of the Massachusetts General Laws governs these crimes, their elements, and penalties. Drug crimes in Suffolk County include:
- Drug Possession: The crime that occurs when a person has one or more illegal narcotics in their possession for personal use, sale, or distribution.
- Drug Possession With Intent to Distribute: The offense of having one or more illegal narcotics in one’s possession with the intent to sell.
- Drug Trafficking: The intentional manufacturing or distribution of controlled substances, usually in large quantities.
- Possession of Drug Paraphernalia With Intent to Sell or Distribute Drugs: The sale, possession, manufacturing, or purchase of drug paraphernalia. To be convicted, the accused must have known that the paraphernalia in question would be used to produce, use, or store drugs.
- Counterfeit Controlled Substances: The intentional manufacturing, distribution, or possession of counterfeit drugs with the intent to distribute them.
- Drug Crimes Involving Minors. Inducing, causing, or aiding a minor to distribute or sell controlled substances. It also involves the unlawful distribution of controlled substances to minors.
- Drug Crimes in School Zones include drug-related crimes that occur within 300 feet of a school or 100 feet of a playground or public park.
- Conspiracy To Sell or Distribute Drugs, conspiring with another individual to violate any provision of the laws relating to illegal drugs.
- Knowingly Being Present Where Heroin is Kept
The Courts and prosecutors in Suffolk County treat drug offenses seriously, so should anyone charged with the crime. Facing drug charges can be daunting but understanding the charges and contacting an experienced and skilled attorney may get the offender the best possible outcome.
What are the Penalties for Drug Crimes in Suffolk County, Massachusetts?
The penalties for drug crimes in Suffolk County depend on the type of drug, the amount of the drug, and the nature of the crime. Other factors such as the location of the crime and the number of previous convictions may also affect the sentence. For instance, possessing illegal drugs within three hundred feet of a school zone automatically increases the penalty if found guilty.
According to Section 34 of the Controlled Substances Act, drug possession charges in Suffolk County carry the following penalties:
| Class of Drug | Penalty |
|---|---|
| Possession of a Class A Substance (Other than heroin) | 0-1 year imprisonment in the House of Corrections, or a fine of no more than $1,000 |
| Possession of Heroin | 0-2 years imprisonment in the House of Corrections, or a fine of no more than $2,000 |
| Possession of Heroin on a second or subsequent offense | 2 ½ - 5 years imprisonment in the state prison or 0-2 ½ in the House of Corrections, or a fine of no more than $5,000 |
| Possession of a Class B, C, or D Substance | 0-1 year imprisonment in the House of Corrections, or a fine of no more than $1,000, or both |
| Possession of a Class A, B, C, or D Substance on a second or subsequent offense | 0-2 years imprisonment in the House of Corrections, or a fine of no more than $2,000 |
| Possession of a Class E Substance | 0-6 months imprisonment in the House of Corrections, or a fine of $500, or both |
The penalties for drug distribution charges, or possession of drugs with the intent to distribute include:
| Class of Drug | Penalty |
|---|---|
| Class A substances (Section 32, Controlled Substances Act) | 0-10 years imprisonment in the state prison or 0-2 ½ in the House of Corrections, or a fine of $1,000 to $10,000 |
| Class A substances on a second or subsequent offense | 3 ½ -15 years imprisonment in state prison, or a fine of $2,500 to $25,000 |
| Class B substances, including Cocaine or Meth (Section 32A, Controlled Substances Act) | 0-10 years imprisonment in state prison or 0-2 ½ in the House of Corrections, or a fine of $1,000 to $10,000 |
| Class B substances on a second or subsequent offense | 0 -10 years imprisonment in state prison, or a fine of $2,500 to $25,000 |
| Class B substances - Cocaine or Meth on a second or subsequent offense | 0 -15 years imprisonment in state prison, or a fine of $2,500 to $25,000 |
| Class C substances (Section 32B, Controlled Substances Act) | 0-5 years imprisonment in the state prison or 0-2 ½ in the House of Corrections, or a fine of $500 to $5,000 |
| Class C substances on a second or subsequent offense | 0 -10 years imprisonment in the state prison, or 0-2 ½ in the House of Corrections, or a fine of $1,000 to $10,000 |
| Class D substances (Section 32C, Controlled Substances Act) | 0-2 years imprisonment in the House of Corrections, or a fine of $500 to $5,000, or both |
| Class D substances on a second or subsequent offense | 0-2 ½ years imprisonment in the House of Corrections, or a fine of $1,000 to $10,000, or both |
| Class E substances (Section 32D, Controlled Substances Act) | 0-9 months imprisonment in the House of Corrections, or a fine of $250 to $2,500, or both |
| Class E substances on a second or subsequent offense | 0-1 ½ years imprisonment in the House of Corrections, or a fine of $500 to $5,000, or both |
Per Section 32E of the Controlled Substances Act, drug trafficking charges in Suffolk County have these potential penalties:
| Class of Drug | Penalty |
|---|---|
| Marijuana – 50 to 100lbs | 2 ½ - 15 years imprisonment in the state prison or 1-2 ½ in the House of Corrections, and may include a fine of $500 to $10,000 |
| Marijuana – 100 to 2000lbs | 2 - 15 years imprisonment in the state prison and may include a fine of $2,500 to $25,000 |
| Marijuana – 2000 to 10,000lbs | 3 ½ - 15 years imprisonment in the state prison and may include a fine of $5,000 to $50,000 |
| Marijuana - 10,000lbs and above | 8 - 15 years imprisonment in the state prison and may include a fine of $20,000 to $200,000 |
| Cocaine/Meth – 18 to 36 grams | 2 - 15 years imprisonment in the state prison and may include a fine of $2,500 to $25,000 |
| Cocaine/Meth – 36 to 100 grams | 3 ½ - 20 years imprisonment in the state prison and may include a fine of $5,000 to $50,000 |
| Cocaine/Meth – 100 to 200 grams | 8 - 20 years imprisonment in the state prison and may include a fine of $10,000 to $100,000 |
| Cocaine/Meth – 200 grams and above | 12 - 20 years imprisonment in the state prison and may include a fine of $50,000 to $500,000 |
| Heroin and other drugs – 18 to 36 grams | 3 ½ - 30 years imprisonment in the state prison and may include a fine of $5,000 to $50,000 |
| Heroin and other drugs – 36 to 100 grams | 5 - 30 years imprisonment in the state prison and may include a fine of $5,000 to $50,000 |
| Heroin and other drugs – 100 to 200 grams | 8 - 30 years imprisonment in the state prison and may include a fine of $10,000 to $100,000 |
| Heroin and other drugs – 200 grams and above | 12 - 30 years imprisonment in the state prison and may include a fine of $50,000 to $500,000 |
| Fentanyl/Carfentanil – 10 grams and above | 3 ½ - 20 years imprisonment in the state prison |
Section 32F of the Controlled Substances Act imposes the following penalties for drug crimes involving minors in Suffolk County:
| Class of Drugs | Penalties |
|---|---|
| Class A substances | 5 - 15 years imprisonment in the state prison and may include a fine of $1,000 to $25,000 |
| Class B substances | 3 - 15 years imprisonment in the state prison and may include a fine of $1,000 to $25,000 |
| Class C substances | 2 ½ -15 years imprisonment in the state prison, or 2 -2 ½ in the House of Corrections, and may include a fine of $1,000 to $25,000 |
| Coca leaves | 5 - 15 years imprisonment in the state prison and may include a fine of $1,000 to $25,000 |
Other drug charges in Suffolk County have the following potential penalties:
| Drug Crimes | Penalties |
|---|---|
| Counterfeit controlled substances (Section 32G of the Controlled Substances Act) | 0-1 year imprisonment in the House of Corrections, or a fine of $250 to $2,500, or both |
| Drug Paraphernalia (Section 32I of the Controlled Substances Act) | 0-2 years imprisonment in the House of Corrections, or a fine of $0 to $500, or both |
| Drug paraphernalia involving a minor | 3 - 5 years imprisonment in the state prison or a fine of $1,000 to $5,000, or both |
| Drug crimes in school zones (Section 32J of the Controlled Substances Act) | 2 ½ -15 years imprisonment in the state prison, or 2 -2 ½ in the House of Corrections, and may include a fine of $1,000 to $10,000 |
| Inducing or aiding a minor to distribute drugs (Section 32K of the Controlled Substances Act) | 5 - 15 years imprisonment in the state prison and may include a fine of $1,000 to $100,000 |
What Percentage of Crimes are Drug-Related in Suffolk County, Massachusetts?
In 2019, law enforcement reported a total of 16,135 offenses in Suffolk County. 651 were drug or narcotic violations and 25 were drug equipment violations. Drug-related crimes made up 4.19% of the total crimes recorded by Suffolk county in 2019, including,
- 0.3% marijuana-related offenses
- 0.95% cocaine-related offenses
- 0.61% heroin-related offenses
- 0.27 opium related offenses
How Many Prisoners Are in Jail For Drug-Related Crimes in Suffolk County, Massachusetts?
As of February 2021, there were 388 prisoners serving a mandatory drug sentence in the Massachusetts Department of Correction, including 379 males and 9 females. According to law enforcement in Suffolk County, there is a distinct relationship between drug use, distribution, trafficking, and violent crimes. Some drug distributors and traffickers commit violent acts to protect or expand their market base, steal drugs, or prevent others from stealing their drugs.
Suffolk County Drug Crime Lawyer
Drug charges can carry stiff penalties including mandatory jail sentences, heavy fines, and loss of driving privileges. A drug offense conviction on an offender’s criminal record may affect their ability to get a job, get into school, or obtain a scholarship. For immigrants, it may also affect the possibility of obtaining citizenship in the United States or lead to deportation.
When facing a drug or narcotic charge, offenders often stand a risk of self-incrimination. It is important to contact an experienced drug crime lawyer. Hiring an attorney may be the difference between a conviction, an acquittal, or a reduced liability. The lawyer ensures that the rights of the accused are protected from the time they are arrested, and throughout the legal process.
Although self-representation is always an option, Massachusetts drug laws may be too complicated to navigate without the help of a qualified attorney. An experienced Suffolk County drug crime attorney understands the legal process and the options for building a strong defense or poking holes in the prosecution’s case.
How to Beat Drug Crime Charges in Suffolk County, Massachusetts
Whatever the drug charge, whether possession, distribution, or trafficking, the burden of proof is on the prosecution. This means that it is the prosecution’s responsibility to prove that the accused was actually in possession of the illegal drug. The defenses available to anyone facing drug charges vary depending on the circumstances of the case. An experienced attorney may build a defense around the circumstances of the case or adopt established defenses such as
- Mere presence defense: The police in Suffolk County may charge the accused with possession of a particular drug, on the grounds that they were present in the same area the drug was found. Being present or knowing the location of a controlled substance is not enough to support a conviction. The prosecution must prove that the defendant had the ability to exercise dominion and control over the substance.
- Illegal Search and Seizure: An experienced lawyer can challenge the legal basis for seizing the drugs. The police are not permitted to search a person, car, apartment, or even hotel room without probable cause or reasonable suspicion. The defense may claim that the search was improper or that the warrant was improperly obtained. Since this defense raises the issue of Constitutional rights, if successful, may lead to a dismissal of the case.
- Social Sharing of a Controlled Substance: In Suffolk County, sharing a drug with friends does not provide probable cause that a person is distributing or intends to distribute the drug. Passing a marijuana stick back and forth is not substantial enough to the accused’s culpability.
- Crime Lab Analysis: In any drug crime case, the prosecution must prove that the alleged illicit substance or drug is indeed what it claims it to be. The defense may, therefore, insist that the alleged substance be sent to a crime lab for analysis. A negative result may be a ground for a dismissal of the charges. Additionally, the crime labs must follow certain forensic testing procedures. Failure to do so may result in flawed evidence. An experienced drug crime attorney may also challenge the drug analysis.
- Missing Drugs: If the actual drugs seized are lost during the course of the trial, it may lead to a dismissal. This may occur when the evidence is transferred from one location to another during the course of the hearings.
- Medical Marijuana Exception: Massachusetts law legalizes the use of medical marijuana. Even if the defendant did not have a signed recommendation from a doctor, the defense may try to convince the Court of medical necessity.
