Added: Ramy Heredia - Date: 26.10.2021 02:48 - Views: 17517 - Clicks: 7447
Drugs that are illegal to possess in Massachusetts are classified into fiveand each category carries different penalties for possession of those substances. In that sense, you possess whatever you have in your pocket or purse right now. For example, the law considers you to be in Class c substance of things which you keep in your bureau drawer at home, or in a safe deposit box at your bank. Whether the defendant possessed is something that you must determine from all the facts and any reasonable inferences that you can draw from the facts.
However, I caution you to remember that merely being present in the vicinity of aeven if one knows that it is there, does not amount to possession.
Neither is possession proved simply because the defendant was associated with a person who controlled the motor vehicle or the property where was found. To show possession, there must be evidence justifying a conclusion Class c substance the defendant had knowledge of the controlled substance coupled with the ability and the intent to exercise control over the. Only then may the defendant be considered to have possessed the controlled substance. Class A — Some examples of class A drugs are heroin, morphine, codeine, or ketamine, although other drugs are listed as class A.
These drugs are considered to be the most dangerous of controlled substances and carry the harshest possession penalties. Class B — While not classified as dangerous as class A drugs, class B drugs are still considered very dangerous and the possession of these drugs will carry harsh penalties. Class C — Class C drugs will carry Class c substance harsh penalties than classes A or B, and these drugs include mescaline, diazepam, or peyote. Class D — Class D drugs are considered to be less dangerous on the controlled substance scale, and this class includes marijuana, hashish, or any drug containing THC as its psychoactive component.
Class E — Class E drugs include prescription medication, and if a person is found not to have a prescription for the class E drugs they are in possession of they may face criminal drug possession charges.
Each class of controlled substances carries its own penalties for possession. Class A drug possession holds the harshest penalties for even Class c substance amounts of the drug, while the penalties incurred for possessing classes D or E drugs are much lower. Class A — The possession of a class A substance will come with a period of incarceration of up to 2 years in jail for a first time offense, and these penalties can go as high as 5 years in prison for subsequent offenses. Class B — A first time offender may receive up to a year in jail, while those with past Class c substance could face 2 years in jail.
These charges may also come along with fines. Class C — Possession of a class C substance in the state of Massachusetts is similar to possession of a class B substance in terms of penalties. Often, a first time offender will face up to a year in jail as well as fines, while the penalties will grow with subsequent offenses. Class D — Marijuana laws have changed recently, making the possession of marijuana for recreational use legal. Go here to see the laws about marijuana possession. Heroin possession carries some of the weightiest penalties in the state of Massachusetts.
Although Class c substance class A drug, heroin possession and other heroin related charges will often carry penalties harsher than those for other Class A substances. Also, while the possession of other classes of drugs will often come with a misdemeanor charge, heroin possession is more likely to be considered a felony. Knowingly being present where heroin is kept is a misdemeanor under Massachusetts General Laws Chapter 94C Section You can be convicted of this crime if the District Attorney proves beyond a reasonable doubt either:.
It is not a crime to be present where drugs other than heroin are present, even if you are aware of it. For example, it is not a crime to knowingly be present where marijuana is kept, stored or even grown. This is because the legislature considers heroin use or sale to be so dangerous and destructive that merely being around the drug should be a crime. First Name. Last Name. Address. Phone.
Tell Us About Your Case. Contact me for a free case review at or fill out the form below!
Blog - Latest News. Massachusetts classifies controlled substances on a 5 tier, A through E scale. Penalties for Controlled Substance Possession. You can be convicted of this crime if the District Attorney proves beyond a reasonable doubt either: That you knew you were at a place where heroin was kept or deposited; or That you were with another person Class c substance you knew to be in possession of heroin.
Copyright — H. Ernest Stone, Attorney PC. Massachusetts Criminal Defense Attorney.
Get a Free Case Review!Class c substance
email: [email protected] - phone:(488) 648-4387 x 1273
Illegal Drug Classes and Related Penalties in Massachusetts