Possession of more than one ounce of marijuana class D , or possession of a class E substance in Massachusetts carries the following potential penalties:. Further, if you successfully complete probation for this offense, your record will automatically be sealed except from law enforcement.
If you have been charged with drug possession in Massachusetts, contact our office for your free initial phone consultation: Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Practice Areas. Drug Crimes. The difference in punishment reflects legislators' view of the harm caused by each crime: Those who use drugs are the victims of those who sell them.
A user harms only himself; a seller harms many. However, possession is nonetheless a crime, and even mere possession of small amounts can be charged as a felony in states that have strict drug possession laws. And in those that are more tolerant, when very dangerous drugs are involved, such as heroin or cocaine, felony charges are likely.
Additionally, in many states, if you are caught with large quantities of illegal drugs, you are more likely to be charged with illegal drug possession with the intent to sell, since it is unlikely that you intended to use the entire quantity for yourself. Because illegal drug sales is a more serious crime, possession with the intent to sell is almost always a felony. In many states, prosecutors may charge a defendant with a felony if the violation involved one or more "aggravating circumstances" or "aggravating factors," even if the drug possession in question would otherwise have been a misdemeanor.
The choice of these factors reflects legislators' feelings that crimes occurring under these circumstances are potentially much more harmful—such as when drugs are sold to or around children— than when these factors do not exist. Each state's aggravating factors are enumerated listed in the state's drug possession laws. These lists often include but are not limited to several or all of the following types of possession:.
Along with precursors, the devices, accessories, and products that are used to consume illegal drugs will also lead one to be charged with possession; this is called drug paraphernalia. Examples of paraphernalia would be marijuana pipes, rolling papers, or syringes.
If a person is found in possession of a small amount of an illegal substance, but is also found to be in possession of common materials used to distribute or sell drugs, such as digital scales or plastic bags, that person will more than likely be charged with possession with intent to distribute.
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