Massachusetts Drug Cultivation and Distribution Laws

Massachusetts takes a stringent approach to drug cultivation and distribution. The penalties for these crimes range from months to decades of prison sentences and fines. This article contains an overview of Massachusetts drug laws related to drug cultivation and distribution.

Drug Distribution in Massachusetts

One of the most common drug-related charges is drug possession. Most laws, however, provide harsher penalties once the person intends to distribute the substances they have. The statute prohibits any individual from knowingly and intentionally manufacturing, distributing, or dispensing a controlled substance.

"Distribution" is a term that refers to the process of transferring drugs from one party to another. Massachusetts' drug distribution laws cover a range of drug transactions and include grand-scale examples of drug trafficking as well as lower-profile street dealing.

Classification of Controlled Substances in Massachusetts

Massachusetts classifies controlled substances by schedules. The drug law classifies these controlled substances based on their risk for abuse and medical use. Some examples of substances that fall under each class are as follows:

Class A Substances

  • Heroin
  • Ketamine
  • Fentanyl and its derivatives

Class B Substances

  • Methamphetamine
  • Amphetamine
  • MDMA (Ecstasy)
  • Cocaine
  • Methadone
  • LSD (Lysergic acid diethylamide)

Class C Substances

  • Lorazepam
  • Diazepam
  • Psilocybin
  • Mescaline
  • THC

Class D Substances

  • Meprobamate
  • Marijuana (Cannabis)

Class E Substances

  • Medications with low doses of codeine
  • Medications with low doses of opium

How Massachusetts classifies drugs doesn't always match how drugs are scheduled under federal law. While both medical and recreational use of marijuana is legal under Massachusetts law, it carries a much harsher schedule in the federal classification. If you're caught with marijuana in a federal park or building, Massachusetts law won't shield you.

Overview of Drug Cultivation and Distribution Laws

The following are relevant laws related to drug cultivation and distribution laws in Massachusetts under Massachusetts General Laws, Chapter 94C:

Penalties for Drug Distribution or Possession With Intent To Distribute

Massachusetts drug laws impose severe penalties for drug trafficking and drug possession with intent to distribute. These penalties often vary according to the classification of the controlled substance.

The following reflects the penalties for each Massachusetts drug classification:

Class A

  • 10 years incarceration
  • $10,000 fine

Class B

  • 10 years' incarceration
  • $10,000 fine
  • Mandatory minimum sentence of one year imprisonment with cocaine/crack or methamphetamines

Class C

  • Five years' incarceration
  • $5,000 fine

Class D

  • Two years in jail
  • Maximum $5,000 fine

Class E

  • Nine months in jail
  • Maximum $2,5000 fine

Cultivation of Marijuana in Massachusetts

Although marijuana is legal in Massachusetts, the law still has some restrictions, including authorized cultivation. Non-participants in the state's medical cannabis program can legally grow up to six plants. They can also own up to one ounce and/or up to 5 grams of concentrate and up to 10 ounces of marijuana flower in the home for personal use.

Aggravating Circumstances

Several aggravating factors could enhance drug charges in Massachusetts. The presence of these circumstances can lead to a longer prison sentence and higher fines:

  • Commission of the offense within 300 feet of a school zone
  • Commission of the offense within 100 feet of a public park or playground
  • Possession of firearms or other weapons
  • The use of threats or violence
  • Involvement of minors in the commission of the offense

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research on Massachusetts law(s).

Massachusetts Drug Cultivation and Distribution Laws: Related Resources

Having Issues With Drug Cultivation or Distribution in Massachusetts? Legal Advice From a Criminal Defense Attorney Can Help

Violating Massachusetts' distribution and cultivation laws can result in life-altering penalties. If you or someone you know is facing drug offenses, a drug crime attorney can help you. They can evaluate your case and help you understand the drug charges filed against you. A criminal defense lawyer specializing in drug crimes can also develop a strategic defense strategy to achieve the best possible outcome.

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