Massachusetts Cocaine Laws

Massachusetts General Laws Chapter 94C (Controlled Substances Act):

• Section 31 (drug classifications)
• Section 32 (sale, manufacture, and possession with intent to distribute)
• Section 32E (trafficking offenses)
• Section 34 (controlled substances possession)

Possessing cocaine with knowledge and intent is a crime (Section 34).

• Up to one year of jail time and a fine of up to $1,000

If the offender has a prior conviction under Section 34 or a prior felony conviction under Chapter 94:

• Up to two years and a fine of up to $2,000

A person possessing cocaine with the intent to distribute, dispense, or manufacture it faces the following criminal penalties:

• First offense: up to 10 years in state prison or two-and-a-half years in jail or a house of corrections and a fine between $1,000 to $10,000 (§ 32(A)(c))
• Second or subsequent offense: up to 15 years in state prison and a fine between $2,500 to $25,000 (§ 32(A)(d))
• If the person they delivered it to was under 18: between five to 15 years of imprisonment and a fine between $1,000 to $25,000 (§ 32F(d))

Any person who traffics cocaine by manufacturing, distributing, dispensing, or possessing it with the intent to distribute it or by bringing it into the state of Massachusetts is guilty of a crime. Violators face the following penalties based on the amount involved in the offense (Section 32E):

• Between 18 and 36 grams of cocaine:
  • Mandatory minimum sentence of at least two years in a state prison up to a 15-year maximum sentence
  • A fine between $2,500 to $25,000 (§ 32E(b)(1))
• Between 36 and 100 grams of cocaine:
  • Mandatory minimum three-and-a-half year state prison sentence up to a 20-year maximum sentence
  • A fine between $5,000 to $50,000)(§ 32E(b)(2))
• Between 100 and 200 grams of cocaine:
  • Mandatory minimum sentence of eight years in a state prison up to a 20-year maximum sentence
  • A fine between $10,000 to $100,000 (§ 32E(b)(3))
• 200 or more grams of cocaine:
  • Mandatory minimum sentence of 12 years in a state prison up to a 20-year maximum sentence
  • A fine between $50,000 to $500,000 (§ 32E(b)(4))

Possessing or purchasing with the intent to sell drug paraphernalia, knowing that a person will use it to plant, cultivate, grow, produce, prepare, store, ingest, inhale, or otherwise introduce cocaine into their body, is a crime. Penalties include:

• Up to two years of imprisonment and a fine of up to $5,000. (Section 32I)

Violating Section 32 or Section 32I while in, on, or within 300 feet of a school between 5:00 a.m. and midnight or within 100 feet of a public park or playground and also engaging in the following is a crime:

• Used or threatened violence
• Possessed a firearm, rifle, shotgun, machine gun, or another weapon listed in Chapter 269 Section 10
• Directed another person to commit a felony
• Committed or attempted to commit a felony

Violators face the following:

• Mandatory minimum sentence of two-and-a-half years and up to 15 years in state prison
• Imprisonment in a jail or house of correction for between two years and two-and-a-half years
• A fine between $1,000 to $10,000 (Section 32J)

Knowingly causing, inducing, or abetting a person who is under the age of 18 to distribute, dispense, or possess with the intent to distribute or dispense a controlled substance is a crime. Penalties include:

• Mandatory minimum sentence of five years in a state prison and up to 15 years and a fine between $1,000 to $100,000 (Section 32K)