Trafficking

In Massachusetts, the trafficking of controlled substances is governed by MGL c. 94C s. 32E. Every trafficking charge carries a mandatory minimum jail or state prison sentence. It is the more enhanced charge of distribution or intent to distribute, where the prosecution must now also prove a minimum amount, by weight, or the particular substance. The penalties become more significant based on the amount of weight you are alleged to be trafficking.

Trafficking charges in Massachusetts are very detailed and scientific. In order to prove the weight of the substance, it must be tested, weighed and certified by the Massachusetts drug lab. This agency is notorious for undue errors and delays which could ultimately affect the results of the testing. It is very important that your attorney thoroughly examine all police reports, and drug lab analysis, to ensure that the results are not contaminated or erroneous. With such a lengthy prison sentence hanging over your head, you must contact a skilled defense attorney to protect your rights from the onset of such charges.

In addition to all of the potential penalties outlined below, the Massachusetts RMVwill automatically suspend your driver’s license for 5 years for any trafficking conviction.

Trafficking Marijuanacarries the following potential penalties:

At least 50 pounds, less than 100 pounds:

• 1 year in jail (minimum), up to 15 years in state prison
• $500- $10,000 fine

At least 100 pounds, less than 2,000 pounds:

• 2 years in state prison (minimum), up to 15 years in state prison
• $2,500- $25,000 fine

At least 2,000 pounds, less than 10,000 pounds:

• 3 1/3 years in state prison (minimum), up to 15 years in state prison
• $5,000- $50,000 fine

At least 10,000 pounds:

• 8 years in state prison (minimum), up to 15 years in state prison
• $20,000- $200,000 fine

Trafficking cocaine carries the following potential penalties:

At least 18 grams, less than 36 grams:

• 2 years state prison (minimum), up to 15 years in state prison
• $2,500- $25,000 fine

At least 36 grams, less than 100 grams:

• 3 ½ years state prison (minimum), up to 20 years in state prison
• $5,000- $50,000 fine

At least 100 grams, less than 200 grams:

• 8 years (minimum), up to 20 years in state prison
• $10,000- $100,000 fine

At least 200 grams:

• 12 years state prison (minimum), up to 20 years in state prison
• $50,000- $500,000 fine

Trafficking heroin carries the following potential penalties:

At least 18 grams, less than 36 grams:

• 3 ½ years state prison (minimum), up to 20 years in state prison
• $5,000- $50,000 fine

At least 36 grams, less than 100 grams:

• 5 years state prison (minimum), up to 20 years in state prison
• $5,000- $50,000 fine

At least 100 grams, less than 200 grams:

• 8 years state prison (minimum), up to 20 years in state prison
• $10,000- $100,000 fine

At least 200 grams:

• 12 years state prison (minimum), up to 20 years in state prison
• $50,000- $500,000 fine

If you have been charged with trafficking a controlled substance (drugs) in Massachusetts, contact our office immediately:

(617) 830-2188