In Massachusetts, possession with intent to distribute can be charged as either a felony or misdemeanor crime depending on the class of the drug or substance involved. Possession with intent to distribute Class A, Class B and Class C drugs is considered a felony offense and is punishable by a sentence in state prison. Possession with intent to distribute Class D and Class E drugs are treated as misdemeanor crimes, yet both carry a potential jail sentence if you are convicted. In light of the serious nature of drug dealing / distribution crimes in Massachusetts, it is important to speak with an experienced Boston Drug Crime Defense Attorney regarding your case as soon as possible.

Punishment for Drug Distribution Convictions

While all drug distribution cases carry a potential jail or prison sentence, the specific punishment for each crime is based on the class or type of drug involved in the alleged crime. Massachusetts Law divides drugs into the following classes:

Class A

If convicted of possession with intent to distribute a Class A drug, you face a potential state prison sentence for a first offense for up to 10 years or incarceration in a jail for not more than 2 ½ years and/or a fine between $1,000 and $10,000. Some of the more common Class A drugs are:
• Heroin
• Morphine
• Ketamine (Special K)
• GHB

Class B

A conviction for possession with intent to distribute a Class B drug carries a potential state prison sentence for your first offense of up to 10 years or a jail sentence of not more than 2 ½ years. In addition, a conviction may result in a fine between $1,000 and $10,000. This class of drugs includes the following substances:
• Cocaine
• Crack
• OxyContin
• Oxycodone
• Molly
• LSD
• Amphetamine
• Methamphetamine

Class C

If convicted of possession with intent to distribute a Class C substance, you face a potential sentence for your first offense of up to 5 years in state prison or up to 2 ½ years in jail and / or a fine between $500 and $5,000. Some of the more common Class C Drugs include:
• Peyote
• Mescaline
• Clonazepam (Klonopin / K-Pin)
• Mushrooms
• Lorazepam

Class D

While simple possession of under an ounce has been decriminalized in Massachusetts, a conviction for possession with intent to distribute marijuana, a Class D substance, carries a potential jail sentence of up to 2 years and /or a fine between $500 and $5,000 for a first offense.

Class E

A first conviction for Possession of a Class E Substance with Intent to Distribute carries a potential jail sentence of up to 9 months or by a fine between the amount of $250 and $2,500. Most Class E cases deal with prescription medications.

Massachusetts Driver’s License Suspension for Drug Charge

In addition to facing severe penalties for possession with intent to distribute, a drug conviction in the Commonwealth of Massachusetts generally results in a loss of license. It is important to know the potential outcome not only of the courtroom proceedings, but also any decision made by the Massachusetts Registry of Motor Vehicles.

Subsequent Offenses

Under Massachusetts General Laws, subsequent offenses for possession with intent to distribute a controlled substance carry more severe penalties. In fact, depending on the class of drug involved, you may face a mandatory minimum sentence which essentially means that the judge must sentence you to jail or prison regardless of any other factors.

Massachusetts Drug Distribution Criminal Defense Law Firm


At Caselden Law, we are well versed in the law as it pertains to possession with intent to distribute cases. We will work tirelessly to develop a well-crafted legal defense strategy in order to achieve the best possible outcome in your case. We will closely examine each piece of evidence being offered against you and will provide you with aggressive legal representation during every stage of the criminal process.

If you or a loved one has been investigated, arrested or charged with a drug distribution offense, Contact Our Office to speak with an experienced Massachusetts Criminal Defense Attorney regarding your case.

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