Possession

Drug Possession Charges in Massachusetts

Possession of a controlled substance is the crime of knowingly or intentionally possessing an illegal drug or a controlled medication without legal authorization. In Massachusetts, a possession charge can involve substances such as cocaine, heroin, fentanyl, prescription opioids, benzodiazepines, amphetamines, marijuana over the legal limit, or other controlled substances.

If you are caught with an illegal substance, prosecutors may charge the case in different ways depending on the substance, amount, location, and surrounding circumstances. The difference between simple possession, possession with intent to distribute, and marijuana-related possession matters because each charge carries different penalties and defense options.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing possession, possession with intent to distribute, distribution, marijuana possession, school zone drug violations, trafficking, and other drug-related charges throughout Boston and Massachusetts.

What Is Possession of a Controlled Substance?

Possession of a controlled substance is governed by Massachusetts General Laws Chapter 94C, Section 34. The statute generally prohibits knowingly or intentionally possessing a controlled substance unless the substance was obtained through a valid prescription, from an authorized practitioner, or otherwise permitted by law.

To prove possession, the Commonwealth generally must show that the substance was controlled, that the defendant possessed some perceptible amount of it, and that the defendant did so knowingly or intentionally.

Possession may be actual or constructive. Actual possession means the substance was physically on the person, such as in a pocket, hand, purse, or backpack. Constructive possession means the substance was not physically on the person, but prosecutors claim the person knew about it and had the ability and intent to control it.

Common Types of Drug Possession Charges

If you are accused of possessing illegal substances, you may be facing one or more drug-related charges. Common examples include:

• Possession of a Controlled Substance
• Possession with Intent to Distribute Drugs or Distribution of Drugs
• Possession of Marijuana

These charges are distinguished by the type of substance involved, the quantity, where the drugs were found, whether the drugs were allegedly intended for personal use or distribution, and whether aggravating factors are present.

Simple Possession vs. Possession with Intent to Distribute

Simple possession generally means prosecutors believe the substance was possessed for personal use. Possession with intent to distribute means prosecutors believe the drugs were intended to be sold, delivered, shared, transferred, or distributed to another person.

Possession with intent to distribute is more serious than simple possession. For example, distribution or possession with intent to distribute a Class A controlled substance is addressed under Massachusetts General Laws Chapter 94C, Section 32. Other drug classes have different penalty statutes.

Prosecutors may try to prove intent to distribute through evidence such as:

• Large quantities of drugs;
• Separate bags or packaging;
• Scales or measuring tools;
• Large amounts of cash;
• Multiple cell phones;
• Text messages or social media messages;
• Police surveillance; or
• Alleged hand-to-hand transactions.

However, these facts do not automatically prove intent to distribute. A defense attorney may argue that the evidence is more consistent with personal use, lack of possession, or an unsupported police assumption.

What About Marijuana Possession?

Marijuana is treated differently from many other controlled substances in Massachusetts, but it is not legal in every situation. Under Massachusetts General Laws Chapter 94G, Section 7, adults 21 or older may generally possess up to 1 ounce of marijuana in public, with no more than 5 grams in concentrate form, and up to 10 ounces in a primary residence, subject to statutory limits and requirements.

Marijuana-related charges may still arise when someone possesses more than the legal amount, is under 21, is accused of unlawful distribution, possesses marijuana with intent to distribute, operates under the influence, violates cultivation limits, or faces a school zone or trafficking allegation.

For more information, read: Defending Against a Possession of Marijuana Charge.

Potential Consequences of a Drug Possession Charge

Drug possession charges can affect far more than the immediate court case. Depending on the charge, substance, record, and facts, possible consequences may include:

• Jail or house of correction time;
• State prison exposure for more serious drug charges;
• Probation;
• Fines and court costs;
• Drug treatment or counseling conditions;
• A criminal record;
• Immigration consequences for non-citizens;
• Employment and housing consequences;
• Professional licensing issues;
• School or financial aid concerns; and
• Long-term damage to your reputation and future opportunities.

Because each drug offense has its own elements and penalties, it is important to review the exact charge before assuming what may happen.

Common Defenses to Possession Charges

A drug possession charge is not the same as a conviction. The Commonwealth must prove the case beyond a reasonable doubt, and there may be strong defenses available.

Common defense issues may include:

• Illegal search or seizure: Police may have violated your constitutional rights during a stop, search, warrant, arrest, or vehicle search.
• Lack of knowledge: You may not have known the substance was present.
• No control: Drugs found in a shared car, apartment, bedroom, or bag may not be enough to prove possession.
• Valid prescription: The substance may have been lawfully possessed under a valid prescription.
• No intent to distribute: The evidence may not support the prosecution’s distribution theory.
• Lab testing issues: The Commonwealth must prove the substance was actually a controlled substance.
• Chain of custody problems: The evidence must be properly handled, stored, tested, and documented.
• Weak or unreliable witnesses: Informants, witnesses, or police observations may be challenged.

For related guidance, read: Illegal Search and Seizure in Drug Charges: Know Your Rights.

How a Criminal Defense Attorney Can Help

Whichever possession offense you are accused of, you should speak with an experienced criminal defense attorney before making statements, accepting responsibility, or assuming the case cannot be fought.

A defense attorney can help by:

• Reviewing the police report and charging documents;
• Explaining the exact charge and potential penalties;
• Determining whether the drugs were found through an unlawful search;
• Challenging possession, knowledge, or control;
• Reviewing lab reports and chain of custody;
• Disputing intent to distribute where applicable;
• Exploring diversion, treatment, dismissal, reduction, or alternative resolutions; and
• Preparing for trial if the Commonwealth cannot prove the case.

Facing a Drug Possession Charge in Massachusetts?

Whether you are charged with possession of a controlled substance, possession with intent to distribute, or unlawful marijuana possession, the case can have serious effects on your life. The right defense strategy can help minimize the impact and protect your future.

At The Law Offices of Elliot Savitz & Scott Bradley, we use our experience in Massachusetts criminal law to challenge the prosecution’s evidence, protect your rights, and pursue the best possible outcome.

If you are facing a drug possession charge in Massachusetts, contact us today for a confidential consultation.