Massachusetts Drug Possession Laws

Massachusetts General Laws, Title 15, Chapter 94C (Controlled Substances Act):

• Section 32L (marijuana possession)
• Section 34 (controlled substances possession)

Possessing a controlled substance with knowledge and intent (Section 34):

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

Possession of heroin:

• First offense: up to two years of imprisonment in a house of correction and a fine of up to $2,000
• Second offense or subsequent offense: mandatory minimum sentence of two-and-a-half years in a state prison up to a maximum sentence of five years or a fine of up to $5,000 and up to two-and-a-half years in a house of correction or jail

Being aware of possessing more than one ounce of marijuana or a Class E substance:

• Up to six months in a house of correction and a fine of up to $500

If the offender violates Section 34 and has a prior conviction under Section 24 or a prior felony conviction under Chapter 94:

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

The court will place someone convicted for the first time under Section 34 on probation unless the person convicted does not consent to it or the court files a written memorandum stating the reasons for not doing so.

Possessing the following controlled substances with the intent to distribute, dispense, or manufacture them risks the following criminal penalties:

Class A substance:

• First offense: up to 10 years in state prison or two-and-a-half years in a jail or house of corrections and a fine between $1,000 to $10,000 (§ 32(a))
• Second or subsequent offense: between three-and-a-half years to 15 years in state prison and a fine between $2,500 to $25,000 (§ 32(b))
• Class A substance to a person under the age of 18: Between five to 15 years in state prison and a fine between $1,000 to $25,000.(§ 32F)

Class B substance:

• 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)(a))
• Second or subsequent offense: up to 10 years in state prison and a fine between $2,500 to $25,000 (§ 32(A)(b))
• Class B substance to a person under the age of 18: between three years to 15 years in state prison and a fine between $1,000 to $25,000 (§ 32F)

Class C substance:

• First offense: up to five years in state prison or two-and-a-half years in a jail or a house of corrections and a fine between $500 to $5,000 (§ 32(B)(a))
• Second or subsequent offense: up to 10 years in state prison or two-and-a-half years in a jail or a house of corrections and a fine between $1,000 to $10,000 (§ 32(B)(b))
• Class C substance to a person under the age of 18: between two years to 15 years in state prison and a fine between $1,000 to $25,000 (§ 32F)

Class D substance:

• First offense: up to two years in jail or a house of corrections and a fine between $500 to $5,000. (§ 32(C)(a))
• Second or subsequent offense: up to two-and-a-half years in jail or a house of corrections and a fine between $1,000 to $10,000 (§ 32(C)(b))

Class E substance:

• First offense: up to nine months in jail or a house of corrections and a fine between $250 to $2,500 (§ 32(D)(a))
• Second or subsequent offense: up to one-and-a-half years in jail or a house of corrections and a fine between $500 to $5,000 (§ 32(D)(b))

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

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

Anyone who violates §§ 32-32I 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 who, during the commission of the offense, does any of the following is guilty of a crime:

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

Penalties include a mandatory minimum sentence of two-and-a-half years up to 15 years in state prison or imprisonment in a jail or house of correction for at least two but no more than two-and-a-half years, and a fine between $1,000 to $10,000)(§ 32J).

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 guilty of a crime with the following penalties:

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