Massachusetts Drug Crimes Lawyer

In Massachusetts, illegal drugs are classified into groups ranging from the most dangerous and addictive in Class A to the least dangerous in Class E (G.L. c. 94C, s. 1.). How you are charged in any drug case will depend on a number of different factors, including the Class of drug found in your possession, how much of it was found, and whether your purpose for possession was to sell or distribute. Drug crimes in the Commonwealth of Massachusetts can include:

• Possession
• Possession with intent to distribute
• Possession of drug paraphernalia
• Drug distribution/sales
• Drug manufacturing
• Drug trafficking

Controlled substance drug schedules are a system of classification for drugs based on their potential for abuse, medical usefulness, and overall risk to public health. It matters for criminal law because more highly scheduled drugs carry more severe criminal penalties In Massachusetts, the Controlled Substances Act categorizes drugs into five schedules: 

• Schedule I: These drugs have a high potential for abuse and no accepted medical use. They are considered the most dangerous and addictive drugs, such as heroin. 
• Schedule II: These drugs also have a high potential for abuse but have some accepted medical uses. They include opioids such as fentanyl, morphine, and oxycodone.
• Schedule III: These drugs have a moderate to low potential for abuse and have accepted medical uses. They include drugs such as anabolic steroids and codeine.
• Schedule IV: These drugs have a low potential for abuse and accepted medical uses. They include drugs such as benzodiazepines like Xanax and Valium.
• Schedule V: The lowest classification, Schedule V drugs have a very low potential for abuse and accepted medical uses. They include drugs such as cough syrup with codeine.

The penalties for a drug-related offense can vary considerably based on the specific allegations. For example, in some possession charges, a person may be granted drug court or other treatment options in lieu of facing any jail time. Though, there are certainly possession charges that can result in significant prison time. 

On the other end of the spectrum, distribution and trafficking offenses almost invariably carry serious penalties which can sometimes even include lengthy minimum mandatory jail sentences. Beyond that, a conviction for a drug-crime can carry other consequences. It could leave a person with a permanent criminal record which can be detrimental to your future. Our Massachusetts drug defense lawyers are ready to review your charges and protect you from the worst penalties.  

Drug possession is the most common drug-related offense charged in Massachusetts. It can be charged as either a misdemeanor or felony offense depending on the specific narcotic and the alleged amount. Knowing the elements of drug possession is essential to mounting a strong defense. Here are the three key things that must be present for a drug possession charge in Massachusetts: 

• Possession (Actual or Constructive): The prosecution must also prove that the defendant had physical control or dominion over the drug. Possession can be actual, such as having the drug in your hand, or constructive, such as having the drug in a vehicle that you control.
• Knowledge: The prosecution must prove that the defendant knowingly possessed the drug. In other words, the defendant must have been aware that they had the drug in their possession.
• Intent: In addition to proving that a defendant knowingly posssessed the drug, the prosectuion must also prove that the defendant intentionally possessed the illegal substance.
• Controlled Substance: The drug must be a controlled substance under state or federal law. Examples include outright illegal drugs such as cocaine and heroin, as well as unauthorized prescription medications, such as opioids and benzodiazepines.

The recreational use of marijuana has been legalized in the state. You can possess up to one ounce of marijuana. However, if you’re found in possession of more than the legal amount, you can be charged with a drug offense. If you drive while impaired from marijuana, you may be charged with an OUI and if you’re found selling marijuana to a minor under the age of 18, you can be charged with a felony. Additionally, it is important to remember that cannabis is still illegal under federal law. 

A drug crime could be prosecuted as a federal offense. While most drug charges are handled under the Commonwealth law, some cases involve federal criminal liability. Most often, these are more serious crimes—such as allegations of drug trafficking, with distribution across state lines. When facing federal drug charges, it is crucial to work with a skilled defense attorney. Federal drug laws are complex, federal agencies have vast resources, and the penalties can be especially severe. 

Being arrested and charged with a drug-related offense is a stressful, frightening, and altogether overwhelming experience. Don’t try to navigate the legal system alone. The attorney you choose to represent you against drug charges can have a dramatic difference in how your case unfolds. Nate Amendola is a knowledgeable, aggressive, and results-driven advocate for justice. We provide proactive and personalized representation. When you reach out to our law office, you will have an an opportunity to work with a Massachusetts drug crimes defense lawyer who can: 

• Conduct a comprehensive and confidential review and evaluation of your case;
• Investigate the drug charges, gathering the evidence you need to support your defense; 
• Represent you in all correspondence with police and prosecutors; and 
• Develop a truly personalized defense strategy designed to get you the best outcome.   

At Nate Amendola Defense, our Massachusetts criminal defense attorneys have the skills and experience to handle the full range of drug crimes cases. We pride ourselves on winning cases and securing favorable outcomes for our clients. You can contact us online or call our office directly at 781-740-0800 to schedule your confidential consultation With a law office in Norwell, we handle drug possession, distribution trafficking, and manufacturing cases throughout Massachusetts.