Is Possession of a Class B Substance a Felony in Massachusetts?

Not necessarily. In Massachusetts, “Class B” identifies the classification of the controlled substance. It does not automatically mean that every Class B possession charge is a felony.

The exact charge depends on what the Commonwealth alleges happened. Simple unlawful possession is generally addressed under Massachusetts General Laws Chapter 94C, Section 34, while distribution or possession with intent to distribute a Class B controlled substance is addressed separately under Chapter 94C, Section 32A.

What Is the Difference Between Class B Possession and Possession With Intent to Distribute?

A simple possession charge generally requires the Commonwealth to prove that the defendant knowingly or intentionally possessed the controlled substance without lawful authorization.

Possession with intent to distribute involves an additional allegation: that the defendant intended to transfer, deliver, or distribute the substance to another person. A completed sale is not necessarily required.

Because the distinction can significantly affect the possible consequences, it is important to look at the exact statute listed on the criminal complaint rather than relying only on the words “Class B.”

For a more detailed explanation of the different charges, evidence, and potential issues involved, read our guide to Class B drug charges in Massachusetts.

What Can Affect a Class B Drug Charge?

The seriousness of the case may depend on factors such as:

• The specific Class B substance involved;
• The amount allegedly possessed;
• Where and how the substance was found;
• Whether the Commonwealth alleges simple possession or intent to distribute;
• Whether several people had access to the location where the drugs were found;
• Statements, messages, packaging, cash, or other evidence prosecutors may rely on; and
• Whether the evidence was obtained through a lawful search.

You can also review our general information about possession charges in Massachusetts and our FAQ explaining the difference between a misdemeanor and a felony.

What Should You Do If You Are Charged With Class B Drug Possession?

Reviewing the exact charge and the evidence is important. Questions about knowledge, control of the substance, the legality of the search, and whether the evidence actually supports an intent-to-distribute allegation can all affect a Massachusetts drug case.

If you have been charged with possession of a Class B substance and are unsure what the complaint means, contact us to discuss the charge and circumstances with The Law Offices of Elliot Savitz & Scott Bradley.

This FAQ provides general information about Massachusetts criminal law and is not legal advice for a particular case. The potential consequences depend on the specific charge, substance, evidence, criminal history, and other circumstances.