Controlled substances are drugs or prescription medications that can be so dangerous when consumed that their distributions is regulated. Controlled substances can include prescription medications such as oxycontin, as well as illegal drugs, including marijuana, heroin, cocaine and other narcotic agents. In Massachusetts, no one is permitted to be in possession of a controlled substance, unless he or she obtains the substance from a professional with the authority to administer, or prescribe, such a substance. The only exception to this is that it is not a criminal violation to be in possession of an ounce or less of marijuana.
What Are Examples Of Controlled Substances?
Examples of controlled substances include things like marijuana, cocaine, crack, heroin, morphine, oxycodone (more commonly referred to as Oxycontin), LSD, GHB, Ketamine (also known as “Special K”) and MDMA (more commonly known as ecstasy, “X” or Molly). A drug-related criminal charge, such as possession or distribution of an illegal, controlled substance will require the skills and knowledge of an experienced Massachusetts criminal drug defense lawyer.
What is Possession? What is Distribution?
Possession is proven if the prosecutor can show that you either had actual possession of the substance (i.e., it was physically in your hand, pocket, purse, etc.) or that you had constructive possession of the substance (i.e., you had the means to control the substance, and you in fact had the intent to have control of the substance). This means that the substance is away from you, but only temporarily. For example, constructive possession can be shown if the substance was found in your car, under your bed, or in your trunk, etc.
Distribution of a controlled substance is self-explanatory: you are not authorized to have a controlled substance in your possession and you have given a controlled substance to another person illegally.
Local Heroin Dealer Busted by Lawrence Police
The Lawrence Eagle Tribune recently reported a story that a Methuen man was arrested because he was a suspected heroin dealer. Lawrence Police charged the man, Elvis Hildago, with possession and distribution of heroin, near a public park, after the police made a drug bust of the man’s vehicle. According to the police reports, Mr. Hildago made a $60 dollar sale of heroin at the corner of Pleasant Street and Howard Street, near Geisler Memorial Swimming Pool. An inspection of Mr. Hildago’s van yielded a small plastic baggie containing 17 grams of heroin along with some cash. The controlled substance was valued at about one thousand dollars.
Penalties for Possession and Distribution of Controlled Substances
The penalties for possession and/or distribution of controlled substances in Massachusetts can be very severe. For instance, possession of heroin, which is a class A controlled substance, can land the possessor in jail for up to two years for a first offense, and carries a heavy fine of up to $2,000 dollars. A subsequent possession of heroin charge is a felony, and gets a state prison sentence of 2.5-5 years, and up to a $5,000 dollar fine. Distribution of heroin can result in up to nine months in jail and a fine ranging from $250-$2,000 dollars. A subsequent distribution of heroin charge gets a prison sentence of up to one and a half years, and a fine ranging from $500-$5,000 dollars.
Contacting An Experienced Massachusetts Criminal Drug Defense Lawyer
Our Attorney is a narcotics distribution attorney with over twenty-five years of experience defending clients that are facing drug charges, such as possession or distribution of a controlled substance. She has worked as both a prosecutor and a defense attorney during her career, giving her a unique insight into the court system and a deep understanding of the laws involved in drug crimes. If you have been charged with a drug-related crime, please contact Our Attorney immediately either online .