Drug Trafficking

Drug Trafficking charges are the most serious drug offenses in the Massachusetts criminal statutes. If you’ve been arrested for trafficking, you face mandatory minimum prison time for this serious felony offense, no matter what the drug in question might be.

Unlike possession with intent to sell, a trafficking charge requires specific quantity thresholds of the controlled substance to meet the conditions to be prosecuted and convicted of this offense.

Any felony drug offense requires a unique and detailed legal strategy, so there is no one solution. But elements of a defense strategy may include:

• Motion to Suppress the evidence. Was the search legal? Did the police screw up their required procedures? They do this more often than most people think.
• Get charges reduced. How accurate is the measurement of quantities? Is it padded, or includes packaging? Should it really only be a distribution charge under the law?
• Challenge the identification. Massachusetts drug labs are notoriously world-famous for sloppy and corrupt drug lab analysts. We can request our own analysts to confirm or prove their findings.

Please call us right away to discuss your specific case, and how we can help.

Massachusetts Penalties for Trafficking in Four Controlled Substances

Massachusetts General Laws Part I Title XV Chapter 94C* Section 32E of the Controlled Substances Act (CSA) prescribes penalties for trafficking in the controlled substances marijuana, cocaine, heroin, and fentanyl.

Massachusetts Marijuana Trafficking Laws and Penalties

Quantities for trafficking charges for Marijuana starts at the 50lb level, and go up. Possession of fifty pounds of marijuana has a mandatory minimum penalty of 1 year in prison.

Marijuana trafficking (“Marihuana”, in the statute) involves intentionally cultivating, dispensing, distributing, manufacturing, or importing into the state marijuana or any mixture containing the controlled substance. Penalties are by net weight of the substance or mixture:

• If at least 50 but not more than 100 pounds, jail time in the state prison for at least two and a half but not more than 15 years or in a jail or house of correction for at least one but not more than two and a half years. No penalty may be less than a mandatory minimum term of jail time for one year and a fine of from 500 up to 10,000 dollars but not instead of the mandatory minimum one-year term.
• If at least 100 but not more than 2,000 pounds, jail time in the state prison for at least two but not more than 15 years. No penalty may be less than a mandatory minimum term of jail time for two years and a fine of from 2,500 up to 25,000 dollars but not instead of the mandatory minimum two-year term.
• If at least 2,000 but not more than 10,000 pounds, jail time in the state prison for at least three and a half but not more than 15 years. No penalty may be less than a mandatory minimum term of jail time for three and a half years and a fine of from 5,000 up to 50,000 dollars but not instead of the mandatory minimum three-and -a-half- year term.
• If at least 10,000 pounds, jail time in the state prison for at least eight but not more than 15 years. No penalty may be less than a mandatory minimum term of jail time of eight years and a fine of from 20,000 up to 200,000 dollars but not instead of the mandatory minimum eight-year term.

Cocaine Trafficking Laws and Penalties

Quantities for trafficking charges for cocaine starts at the 18 gram level, and go up. Possession of 18g of cocaine or a cocaine mixture has a mandatory minimum penalty of 2 years in prison.

CSA Section 31 Class B Paragraph (a)(4) defines this controlled substance as coca leaves and any chemically equivalent or identical salt, compound, derivative, or preparation except leaves or extractions which contain no cocaine or ecgonine. Penalties for cocaine trafficking, intentionally dispensing, distributing, manufacturing, or importing cocaine into the state, again are by net weight but for much smaller amounts:

• If at least 18 grams (nearly two thirds of an ounce) of cocaine or a mixture containing the controlled substance but not more than 36 grams, jail time in the state prison for at least two but not more than 15 years. No penalty may be less than a mandatory two-year minimum term of jail time and a fine of from 2,500 up to 25,000 dollars but not instead of the mandatory minimum two-year term.
• If at least 36 but less than 100 grams, jail time in the state prison for at least three and a half but not more than 20 years. No penalty may be less than the mandatory three-and-a-half-year minimum term of jail time and a fine of from 5,000 up to 50,000 dollars but not instead of the mandatory minimum three-and-a-half-year term.
• If at least 100 but less than 200 grams, jail time in the state prison for at least eight but not more than 20 years. No penalty may be for less than the mandatory eight-year minimum term of jail time and a fine of from 10,000 up to 100,000 dollars but not instead of the mandatory minimum eight-year term.
• If 200 grams or more, jail time in the state prison for at least 12 but not more than 20 years. No penalty may be for less than the mandatory minimum 12-year term of jail time and a fine of from 50,000 up to 500,000 dollars but not instead of the mandatory minimum 12-year term.

Heroin Trafficking Laws and Penalties

Quantities for trafficking charges for heroin starts at the 18 gram level, and go up. Possession of 18g of heroin has a mandatory minimum penalty of 3 1/2 years in prison.

Penalties for trafficking, as defined for marijuana and cocaine, in heroin are also by net weight of the controlled substance:

• If at least 18 but less than 36 grams, jail time in the state prison for at least three and a half but not more than 30 years. No penalty may be for less than the mandatory minimum three-and-a-half-year term of jail time and a fine of from 5,000 up to 50,000 dollars but not instead of the mandatory minimum three-and-a-half-year term.
• If at least 36 but less than 100 grams, jail time in the state prison for at least five but not more than 30 years. No penalty may be for less than the mandatory minimum five-year term of jail time and a fine of from 5,000 up to 50,000 dollars but not instead of the mandatory minimum five-year term.
• If at least 100 but less than 200 grams, jail time in the state prison for at least eight but not more than 30 years. No penalty may be for less than the mandatory minimum eight-year term of jail time and a fine of from 10,000 up to 100,000 dollars but not instead of the mandatory minimum eight-year term.
• If 200 grams or more, jail time in the state prison for at least 12 but not more than 30 years. No penalty may be for less than a mandatory minimum 12-year term of jail time and a fine of from 50,000 up to 500,000 dollars but not instead of the mandatory minimum 12-year term.

Fentanyl Trafficking Laws and Penalties

In terms of penalties per net weight trafficked, fentanyl is the most potent of the four controlled substances:

• If at least 10 grams, jail time in the state prison for not more than 20 years. Fentanyl includes any derivative of the substance and any mixture containing 10 or more grams of fentanyl or a derivative.
• Parole eligibility on a mandatory minimum penalty follows one half of the maximum term of jail time if at the house of correction except that there is no parole eligibility after a finding of any of the following aggravating circumstances:

Violence or threats of violence or possession of a firearm or a dagger, stiletto, or switch-blade** during the commission of the offense;

• a course of conduct directing activities of others in the commission of a felony in violation of the CSA; or
• commission of the offense during the commission or attempted commission of an offense under CSA Section 32F or 32K.

Enhanced supervision as a condition of parole may include constant global positioning satellite tracking or use of any similar device.

* Chapter 94C, the Controlled Substances Act, comprises 49 sections.

** See Chapter 269 Section 10 for an exhaustive list of prohibited weapons other than firearms.

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