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Understanding Massachusetts drug possession laws

On Behalf of | Jun 30, 2023 | OUI/DWI |

The laws regarding drug possession in Massachusetts are similar to those in the rest of the nation. However, there may be certain significant differences that are worth taking note of. The charges for possession range from Class A for the most dangerous drugs down to Class E for the least dangerous. However, fines or prison time can apply to all.

Massachusetts drug possession laws are clearly defined

Drug charges of any type should always be taken seriously. You are prohibited from knowingly possessing any controlled substance. The only exception is if you do so by obtaining it legally as the result of a valid prescription.

To be charged with possession, it has to be proven that you have the possession on your person or under your control. For example, the drugs may be found in your pants pocket or in the trunk of your vehicle. The fact that you have control of these substances and knowledge of this fact constitutes the legal definition of possession.

Penalties for possession of heroin

Possession of heroin is one of the most serious drug-related charges that you can face. If you are knowingly in the presence of this drug, you can face a fine of up to $1,000 and prison time not to exceed a year.

If you are convicted of possession as a first offense, you can be imprisoned for up to two years. You can also face a fine of up to $2,000.

The penalties are much higher if you are convicted of a second or subsequent offense. You can go to a state prison for up to 5 years. You can also face imprisonment in a local jail or house of correction for up to two and a half years. The fine for this offense may be up to $5,000.

Being convicted of possessing other drugs, such as marijuana, may carry lesser penalties. These may include a fine of not more than $1,000 and a term of imprisonment that may last one year. The specific penalty will depend on the nature of the offense.