Defense Attorney for Massachusetts Drug Charges (Attleboro Drug Charges)

Even Minor Drug Charges Can Have Serious Consequences

Being arrested or charged with a drug-related offense in Massachusetts brings about the potential for serious penalties. Whether it is a charge for simple possession, being present where heroin is kept, or more serious charges — including trafficking or distribution — a conviction for a drug-related offense can lead to incarceration, probation, and significant fines and fees. With the opioid epidemic in Massachusetts, District Attorney’s Offices throughout the Commonwealth have demonstrated a heightened interest in drug cases, especially those cases involving heroin and fentanyl.

You Should Not Always Accept a Plea Deal in a Drug Case

While accepting a plea deal may initially seem like a good idea, especially if drugs were located on or near you, Riccio Law has successfully defended individuals facing serious drug charges, including drug trafficking and distribution, by having an in-depth knowledge and understanding of the laws surrounding drug-related offenses and the many potential defenses available. Depending on the circumstances surrounding the discovery of narcotics or other evidence, an experienced criminal defense attorney knows what motions to file and potentially limit the evidence used against you. Attorney Anthony Riccio has successfully argued motions to suppress resulting in the exclusion of evidence and dismissal of charges.

Dismissal or Reduction in Charges Can Avoid Mandatory Jail Time

In Massachusetts, simple possession charges tend to result in lesser penalties than charges related to trafficking, distribution, and manufacturing of narcotics. Additionally, Class A drugs (e.g., heroin) carry stricter penalties than charges pertaining to lower classes of drugs (e.g., cocaine, ecstasy, Percocet). Charges related to the sale of drugs within a school zone also carry heightened penalties, including minimum mandatory jail sentences. Riccio Law may be able to negotiate a dismissal or reduction in charges and eliminate a minimum mandatory jail sentence.

Massachusetts Former Prosecutor Defending Your Legal Rights

A conviction for drug charges could follow you for the rest of your life. It may impact your ability to obtain future employment or preclude you from admission to a college or university. If you have been charged with or arrested for a drug-related offense in Massachusetts, contact Riccio Law today for a free case evaluation.

Cocaine Possession

Massachusetts, like many states, considers the possession, sale, or trafficking of cocaine a felony. Possessing even a small amount of cocaine can lead to serious consequences: a year in jail and/or a $1,000 fine, depending on the type of charge. Drug offenders may find that possessing larger quantities of controlled substances like cocaine can carry even heavier consequences.

Cocaine Possession Consequences

The consequences for possessing cocaine may include:

  • 1 year in jail and $1,000 in fines for the first offense
  • 2 years in jail and $2,000 in fines for the second offense

If you have more than 14 grams of cocaine in your possession, you may face drug trafficking charges. Trafficking consequences may include:

  • For 14-28 grams, between 3 and 15 years in jail and between $2,500 and $25,000 in fines
  • For 28-100 grams, between 5 and 20 years in jail and between $5,000 and $50,000 in fines
  • For 100-200 grams, between 10 and 20 years in jail and between $10,000 and $100,000 in fines
  • For more than 200 grams, between 15 and 20 years in jail and between $50,000 and $500,000 in fines.

The greater the amount of cocaine in the individual’s possession, or the more consecutive times the individual has been charged with a cocaine possession offense, the greater the consequences may prove.

Federal drug laws, as well as Massachusetts drug laws, regulate the penalties for cocaine possession.

Conspiracy

A drug conspiracy occurs when two or more people make an agreement to commit a drug crime. In some cases, including cases in which the defendants agree to commit a federal drug crime, they may face federal conspiracy charges.

What Counts as a Conspiracy?

A conspiracy occurs when two or more people create an agreement to break drug laws. In order to establish a conspiracy, prosecutors must show that the conspirators knew about the unlawful nature of the agreement and chose to engage in the activity anyway.

Types of drug conspiracies may include:

  • Manufacturing a controlled substance. Defendants may be charged with manufacturing any time they participate in the production, processing, or preparation of a drug.
  • Possessing a controlled substance with the intent to distribute it. Often, prosecutors will use evidence from former drug sales to show that the defendant intended to sell the drugs currently in his possession.
  • Distributing a controlled substance. Distribution charges are often more severe than the average possession charge alone, since possession for personal use or personal drug abuse impacts fewer people and creates fewer overall problems. However, possession with intent to distribute may, in some cases, carry the same consequences as distribution.
  • Importing a controlled substance. Massachusetts has long offered the opportunity to import a variety of substances. When illegal substances come in through the ports or otherwise enter into the country through Massachusetts, it can lead to severe consequences for everyone involved.

What are the Consequences for Drug Conspiracies?

Drug conspiracy consequences depend on several factors.

  • What drug was involved in the conspiracy?
  • How much of the drug, or drugs, were involved in the conspiracy?
  • Was anyone harmed as a direct result of the drug conspiracy, and, if so, how many people faced harm? How severe was that harm?
  • Does any party involved in the conspiracy have prior drug offenses?

In some cases, jail time for drug conspiracies can rise as high as life in prison. Commonly, conspirators can face 20, 40, or more years in prison for their involvement in that drug crime.

Distribution in the Massachusetts Area

A drug distribution charge includes any act in the process of moving, transferring, or selling drugs. It may include importing an illegal drug into the country as well as simply selling those drugs to another party. Distribution can carry heavy consequences, especially if you distribute to juveniles.

Distribution charges do not necessarily require that you be caught selling drugs directly. Distribution charges may simply include moving drugs. Often, having a large quantity of drugs in your possession can show your plans to distribute.

The Differences Between Distribution and Possession with Intent to Distribute

In Massachusetts, the decision by law enforcement whether to charge an individual with Distribution or Possession with Intent to Distribute is fact-specific and determined on a case-by-case basis. To support a charge of distribution, law enforcement must have probable cause to believe the defendant provided, or “distributed” narcotics to another individual, usually, in an exchange for money.

In cases with limited or no evidence a drug transaction occurred when the defendant is in possession of narcotics and items indicative of distribution (i.e., cash, plastic baggies, scales), an individual will likely be charged with possession with intent to distribute. In a number of possession with intent to distribute cases, the defendant is in possession of a large quantity of a narcotic or narcotics.

Penalties for Distribution and Possession with Intent to Distribute

Distribution / Possession with Intent to Distribute Class A

Pursuant to Massachusetts General Laws Chapter 94C Section 32, distribution and possession with intent to distribute a Class A controlled substance (e.g., heroin, fentanyl) is a felony punishable by up to ten years imprisonment in state prison and a $10,000 fine. If the charges are prosecuted in district court, the maximum penalty is 2 ½ years incarceration in the house of correction.

Under M.G.L. c. 94C s. 32, a conviction for a second or subsequent offense carries a maximum penalty of 15 years in state prison with a mandatory minimum state prison sentence of 3.5 years.

Distribution / Possession with Intent to Distribute Class B

Distribution and Possession with Intent to Distribute Class B (e.g., cocaine, methamphetamine) is a felony offense punishable by up to 10 years incarceration in state prison or two and one-half years in the house of correction. A conviction may also result in a fine up to $10,000.

Pursuant to M.G.L. c. 94c §32A, a second or subsequent offense is punishable by up to 15 years imprisonment in state prison and a maximum fine of $25,000.

Distribution / Possession with Intent to Distribute Class C

Possession with Intent to Distribute a Class C controlled substance and Distribution of Class C is a felony punishable by up to 5 years imprisonment in state prison or 2 ½ years in the house of correction. M.G.L. c. 94c §32B further authorizes a fine of up to $5,000 upon a conviction.

A conviction for a second or subsequent offense is punishable by up to 10 years in state prison or 2 ½ years in the house of correction.

Distribution / Possess with Intent to Distribute Class D

Pursuant to MGL c. 94c s. 32C, Distribution and Possession with Intent to Distribute Class C is a misdemeanor crime punishable by up to two years in the house of correction and a fine of up to $5,000. A conviction for a second or subsequent offense is punishable by a fine up to $10,000 and two and one-half years in the house of correction.

Contact a Massachusetts Criminal Defense Lawyer

Possession with Intent to Distribute and Distribution charges carry the potential for serious penalties in Massachusetts, including mandatory minimum prison sentences and lengthy incarceration. With the possibility of prison time, it is important to hire a Massachusetts criminal defense attorney experienced in handling drug cases. A skilled attorney may be able to negotiate a reduction in charges to simple possession or demonstrate that the evidence obtained by law enforcement was the result of an unlawful search and should be suppressed.

Lead attorney of Riccio Law, LLC, Anthony R. Riccio, is a former Massachusetts prosecutor who handled dozens of drug cases during his time as an assistant district attorney in Bristol County. As a criminal defense lawyer, Attorney Riccio has obtained dismissals on drug trafficking cases and has successfully argued for the suppression of evidence in multiple drug cases due to unlawful warrantless searches.

If you or a loved one is facing drug charges in state court or federal court in Massachusetts, contact Riccio Law here or at (508) 226-4500 to schedule a free consultation. With offices in Quincy and Attleboro, Riccio Law represents individuals on criminal charges all throughout Massachusetts, including Boston and the Greater Boston area, Norfolk County, Plymouth County, Bristol County and southeastern Massachusetts .

Manufacturing

Drug manufacturing includes any involvement in the process of creating or manufacturing the drug. Like drug trafficking, in order to show guilt in the manufacturing process, the prosecution will need to show that the defendant possessed a drug or the chemicals necessary to manufacture it, and that there was an intent to manufacture the drug with those chemicals. There are multiple steps involved in the drug manufacturing process. Involvement with any of them can lead to a drug manufacturing charge.

Cultivation

Often, manufacturing laws and penalties apply to the cultivation of controlled substances. While marijuana is legal in Massachusetts, other drugs, like psychedelic mushrooms or plants used in the drug manufacturing process, are not legal. Cultivation of those products could indicate intent to manufacture the drugs in question.

Mixing or “Cooking”

As part of the drug manufacturing process, some drugs, like LSD, need to be mixed together or “cooked” in order to create the desired substances. The process of mixing or cooking up drugs can be complex and, in some cases, such as the production of methamphetamine, extremely dangerous. LSD

Packaging

Pressing drugs into pill form or putting together packages can also be considered part of the drug manufacturing process. Even labeling the package for those drugs may be considered part of the manufacturing process.

Penalties for Drug Manufacturing

Drug manufacturing is often considered a federal drug offense, and it can count as a felony in Massachusetts. Even a first-time offense for drug manufacturing can carry a multi-year prison sentence. For drug manufacturing, penalties may include:

  • Ten years or more in prison. Felony drug manufacturing charges may have a mandatory minimum sentence of at least a year in prison.
  • Fines. Misdemeanor fines for drug manufacturing can total $2,000 or more, while felony drug manufacturing charges can rise to as high as $50,000 or more.
  • Probation. The judge who oversees the case may require probation after release from prison, even for a low-level drug manufacturing charge.
  • Restitution. Sometimes, the judge may order the defendant to make restitution for drug manufacturing. Often, that involves repayment of the costs needed to clean up a drug lab.

Drug manufacturing penalties may be harsher in cases involving high quantities of drugs, or in cases where a juvenile is harmed or threatened in any way by the manufacturing process or the presence of the drugs on the property. Penalties may also increase for violent offenses or cases in which someone suffered harm as a result of a related offense while handling a drug lab cleanup or drug bust.

Drug manufacturing, especially in the case of massive operations, frequently lead to mass incarcerations.

A Drug Manufacturing Lawyer Can Help

If you find yourself facing drug manufacturing charges, having a lawyer on your side can prove critical. A lawyer can help protect your freedoms and fight to ensure that you do not face maximum penalties, even fi you have a past criminal record, including past drug arrests. With prison time on the line, including potentially extensive prison time, and potential mandatory minimum sentences, you should have a lawyer who will fight for you.

Anthony R. Riccio has represented many past individuals in drug-related claims and will fight to help you. Solid legal representation could be the difference between a guilty and not guilty verdict or the difference between maximum prison time and minimum time in prison. Anthony R. Riccio understands sentencing laws around drug manufacturing crimes and can help you navigate state laws and federal laws alike to protect yourself as much as possible following drug manufacturing charges.

Drug Paraphernalia

Possession of drug paraphernalia is usually considered a relatively low-level crime, but it can still have serious consequences. Possession of drug paraphernalia includes the possession of any items that can be used to make or consume drugs. Drug paraphernalia may include items like:

  • Bags used to store drugs
  • Drug pipes, used to smoke or inhale illegal substances
  • Household objects used to consume or hide drugs, including compact mirrors, hollowed out pens, razors, tinfoil, and other items clearly used for that purpose
  • Spoons. Drug spoons, often used for heroin and cocaine, are usually smaller than the average eating utensil, which makes them easier to spot.

Massachusetts General Laws c. 94C § 32I forbids the possession of drug paraphernalia as well as the distribution of those items to a minor for the purpose of allowing a minor to use those items for consumption of drugs. Sharing drug paraphernalia with a minor may carry higher penalties than simple possession.

Consequences for Possession of Drug Paraphernalia

Possession of drug paraphernalia may carry potential penalties that include:

  • 1-2 years in jail
  • A fine of between $500 and $5,000
  • Both a fine and imprisonment

Selling drug paraphernalia to someone under eighteen, on the other hand, may mean 3-5 years in prison and/or a fine of between $1,000 and $5,000.

Did You Face Drug Paraphernalia Charges in Massachusetts?

If you have found yourself facing drug paraphernalia charges in Massachusetts, do not settle for allowing a public defender to handle your case. While nonviolent, minor crimes like drug paraphernalia possession may seem less problematic than other types of crimes, including crimes that lead to serious injuries, drug paraphernalia charges can count as substance abuse charges and, as such, the federal government and the Massachusetts state government have indicated that those crimes can result in a substantial loss of your freedoms.

Do not let the criminal justice system assign you a public defender to handle a case that could change your life. Working with an experienced drug paraphernalia attorney can help decrease the consequences you may face for those drug charges: helping you pursue a not guilty verdict or limiting the potential penalties associated with a drug paraphernalia charge.

Anthony R. Riccio is here to do exactly that. Drug paraphernalia charges are a serious problem. If you have been charged with drug paraphernalia charges or any other drug charges, call (508) 226-4500 or visit Riccio Law’s website here to schedule a free case evaluation with Attorney Riccio.

Possession of a Controlled Substance in Massachusetts

While not considered as serious as trafficking, distribution, or possession with intent to distribute, simple possession charges can seriously impact an individual’s life, both personally and professionally. A conviction for possession of a controlled substance may result in exclusion from certain professional licenses and prevent the offender from obtaining a license to carry (LTC) a firearm / gun, despite the fact that it is not a violent crime.

With the legalization of marijuana in Massachusetts, it is no longer a crime to possess less than one ounce of marijuana (a Class D controlled substance) resulting in a sharp decline in possession of mairjuana charges throughout the Commonwealth. However, possession of Class B (i.e., cocaine, crack) and possession of Class A (i.e., heroin, fentanyl) charges are regularly prosecuted in district courts across the state.

Massachusetts General Laws Chapter 94C Section 34

In order to prove a defendant guilty of the crime of possession of controlled substance, the prosecution must prove the following beyond a reasonable doubt:

  • The substance in question is a controlled substance;
  • The defendant possessed a detectable amount of the controlled substance; and
  • The defendant possessed the substance knowingly and intentionally.

To establish “possession,” the prosecution must prove the defendant knowingly and intentionally possessed the controlled substance, either physically on his/her person or constructively. To prove “constructive possession,” the prosecution must show the defendant had knowledge of the substance and both the ability and intent to exercise control over it.

Maximum Penalties for Possession Charges

Generally, a conviction for possession of a controlled substance carries a maximum penalty of one year in jail / house of correction and/or a fine up to $1,000. However, certain exceptions apply for possession of heroin or fentanyl, possession of marijuanan, and possession of Class E controlled substances.

Possession of Class A:

Although simple possession charges are misdemeanors and the maximum penalty is generally one year in jail, possession of Class A heroin and fentanyl carry a potential penalty of 2 years jail and a $2,000 fine.

A second or subsequent offense for possession of heroin or fentanyl is a felony and carries a maximum penalty of 5 years state prison and a $5,000 fine.

Possession of Class B

(cocaine, crack, oxycodone, amphetamine, methamphetamine):

  • 1 year in jail
  • $1,000 fine

Second or subsequent offense (Class B)

  • 2 years in jail
  • $2,000 fine

Possession of Class C:

  • 1 year in jail
  • $1,000 fine

Second or subsequent offense (Class C)

  • 2 years in jail
  • $2,000 fine

Possession of Over 1 Ounce of Marijuana (Class D) or Class E:

  • 6 in months jail
  • $500 fine

Contact a Massachusetts Criminal Defense Attorney

Lead attorney at Riccio Law, Anthony R. Riccio, has successfully represented a number of defendants in Massachusetts on drug charges ranging from simple possession to trafficking fentanyl. With his extensive knowledge of Massachusetts drug laws and prior experience as a prosecutor, Attorney Riccio aggressively defends his clients against drug charges.

Don’t take a chance and represent yourself on simple possession charges. If you’ve been charged with possession of a controlled substance in Massachusetts, contact Riccio Law, LLC here or call (508) 226-4500 to schedule a free case evaluation with an experienced Massachusetts drug lawyer.

Drug Trafficking Charges in Massachusetts

In Massachusetts, simple possession charges carry the potential for the most serious penalties of all drug-related charges in the state courts. All drug trafficking convictions in the Commonwealth carry mandatory minimum jail sentences with the maximum penalties controlled by the weight and class of narcotics.

Pursuant to Massachusetts General Laws (M.G.L.) Chapter 94C Section 32E , trafficking involves manufacturing, distributing, dispensing, cultivating, possessing with intent to distribute, dispense or cultivate, or bringing into the state a certain amount of narcotic or controlled substance. In response to the rise in heroin and fentanyl use throughout the Commonwealth, the Massachusetts legislature recently made changes to the drug laws to address the concerns.

Penalties for Trafficking Drugs in Massachusetts

Generally, trafficking charges lead to the most serious penalties of all drug-related offenses in Massachusetts state courts. Drug trafficking offenses are characterized based on the class of drugs (Class A, B, C, D, or E) and weight of the narcotics.

Trafficking Class A (heroin, etc.)

18 grams or more but less than 36 grams

Any person convicted of trafficking 18 grams or more but less than 36 grams of certain Class A substances, including heroin and fentanyl, are subject to a term of imprisonment in state prison for not less than 3 ½ years and not more than 30 years. There is a mandatory minimum sentence of three and one-half years in state prison.

36 grams or more but less than 100 grams

A conviction for trafficking 36 – 99 grams is punishable by a term of imprisonment in state prison for not less than 5 years and not more than 30 years. The mandatory minimum sentence is 5 years imprisonment.

100 grams or more but less than 200 grams

Pursuant to M.G.L. c. 94C s. 32E(c)(3), any individual convicted of trafficking 100-199 grams is subject to a term of imprisonment in state prison for not less than 8 years nor more than 30 years. The mandatory minimum is 8 years.

200 grams or more

A conviction under M.G.L. c. 94C §32E(c)(4) is punishable by a state prison sentence of not less than 12 years and not more than 30 years. The mandatory minimum sentence is 12 years imprisonment.

Trafficking Class A (Fentanyl) 10 Grams Or More

While still subject to the same penalties as above (Trafficking Class A heroin, etc.), due to the rise in use and its deadly potency, any person convicted of trafficking 10 grams or more of fentanyl (or any derivative thereof) is subject to a term of imprisonment in state prison for not less than 3 ½ years and not more than 20 years. There is a mandatory minimum state prison sentence of 3 ½ years.

Trafficking Class B (Cocaine)

Pursuant to Massachusetts General Laws Chapter 94C Section 32E(b), the penalties for trafficking cocaine are as follows:

18 grams or more but less than 36 grams

A conviction for trafficking 18 grams or more of cocaine but less than 36 grams is punishable by a term of imprisonment in state prison ranging from 2 – 15 years. The mandatory minimum sentence is 2 years imprisonment in state prison.

36 grams or more but less than 100 grams

3 ½ years – 20 years imprisonment in state prison

  • 3 ½ year mandatory minimum

100 grams or more but less than 200 grams

8 – 20 years state prison

  • Mandatory minimum 8 years imprisonment in state prison

200 grams or more

  • 12 – 20 years state prison
  • 12-year mandatory minimum imprisonment in state prison

Trafficking Class D (Marijuana)

Despite the legalization of marijuana in Massachusetts, trafficking marijuana, a class D controlled substance, is illegal and carries serious penalties. Pursuant to M.G.L. c. 94C §32E(a) , marijuana trafficking is divided into four (4) categories based on weight:

50 pounds or more but less than 100 pounds:

A conviction for trafficking between 50-99 pounds of marijuana is punishable by a term of incarceration ranging from 2 ½ years – 15 years in state prison or imprisonment in a jail or house of correction for a minimum one year but not more than two and one-half years. Under M.G.L. c. 94C s. 32E(a)(1), all marijuana trafficking convictions (50-99 pounds) result in a mandatory minimum one year term of imprisonment.

100 pounds or more but less than 2,000 pounds:

Pursuant to M.G.L. Chapter 94C Section 32E(a)(2), conviction in this range is punishable by a term of imprisonment not less than two years and not more than fifteen years. No sentence under this section shall be for less than a mandatory minimum 2 years imprisonment.

2,000 pounds or more but less than 10,000 pounds:

Under subsection (3) of M.G.L. c. 94C s. 32E(a), a conviction is punishable by a term of incarceration in state prison not less than 3 ½ years nor more than fifteen (15) years. A conviction carries a mandatory minimum three and one-half years imprisonment.

10,000 pounds or more:

Pursuant to M.G.L. c. 94C s. 32E(a)(4), a conviction is punishable by a state prison sentence ranging anywhere from 8 – 15 years. The mandatory minimum sentence is eight years imprisonment.

In addition to imprisonment, convictions for trafficking marijuana may result in a large fine and additional fees depending on the terms of the plea agreement or judge’s sentence.

Reduced or Amended Charges

In cases where the evidence is strong and the motion to suppress was denied, negotiating a plea deal involving a dismissal, reduction, or amendment of the trafficking charges is a possible alternative to trial. Other than a not guilty verdict at trial, negotiating a dismissal, reduction, or amendment of the trafficking charge(s) is necessary to avoid a mandatory minimum term of imprisonment.

Motion to Suppress

In most drug cases, it is common practice to file a motion to suppress evidence. A skilled criminal defense attorney with knowledge of Massachusetts drug laws and constitutional rights may convince the judge that the evidence (e.g., drugs; drug paraphernalia) was discovered after the police conducted an unconstitutional search or violated the terms of a search warrant, and as a result, should be suppressed.

When a judge “suppresses” evidence, the prosecution cannot use that particular evidence at trial, often leading to a dismissal of the case. Generally, a suppression of evidence occurs when the motion judge finds law enforcement violated an individual’s constitutional rights, which may occur in any number of ways. Often, a suppression of evidence results after a judge rules that the police did not have permission to conduct a warrantless search of the defendant’s person, motor vehicle, home, or apartment.

Contact a Massachusetts Drug Defense Lawyer

Due to the serious nature of drug trafficking charges, including mandatory minimum terms of imprisonment, having a knowledgeable Massachusetts criminal defense attorney representing you may be the difference between prison and probation, guilty and not guilty. Founder, Anthony R. Riccio, has represented numerous individuals on drug trafficking and other drug-related charges where he successfully negotiated a reduction or dismissal of the trafficking charges.

If you have been charged with drug trafficking or other drug-related charges in the Commonwealth, call (508) 226-4500 or visit Riccio Law’s website here to schedule a free case evaluation with Attorney Riccio.

Operating a Drug Factory

The charge of “operating a drug factory” is a serious felony and can carry with it several years of jail time and expensive fines. Often, “operating a drug factory” is a charge added to manufacturing charges, especially when those charges include substantial quantities of drugs.

A drug factory can include any place–an apartment, house, dorm room, garage, shed, etc–that is used for the manufacture of drugs. Even if the owner of that house is not involved directly in the manufacturing process, owning and operating that “factory” may carry heavy penalties, including time in federal prison.

Penalties for Operating a Drug Factory

Depending on the quantity of drugs manufactured, defendants convicted of operating a drug factory may find themselves facing:

  • An additional 10 years, or up to life, in federal prison
  • A fine of up to $10 million for an individual
  • A fine of up to $50 million for a group or organization

Contact a Massachusetts Drug Abuse Lawyer to Represent You

Due to the heavy penalties the U.S. Department of Justice imposes on defendants convicted of operating a drug factory, it is critical that you have a high-quality attorney on your side if you have faced charges of operating a drug factory. Do not rely on a public defender. Instead, call (508) 226-4500 or visit Riccio Law’s website here to schedule a free case evaluation with Attorney Riccio.

Prescription Drugs

Drug use may include prescription drugs as well as drugs specifically used for illegal purposes. Substance abuse can take many forms, and prescription drugs are often easier for many people to obtain–and use–than other substances. However, prescription drug abuse can carry its own set of penalties. In a national survey, a study of respondents suggested that as many as 2 million Americans are guilty of misusing painkillers for the first time each year.

Many people assume that prescription drug abuse is not as dangerous as using harder drugs, like PCP, methamphetamine, or LSD. Prescription drug abuse, however, can pose many dangers and may have harsh legal penalties. If you have actual possession of a controlled substance, including holding it directly or placing it in a location you can control, and you do not have a prescription for that drug, you may face prescription drug abuse charges.

Penalties for Prescription Drug Abuse

Prescription drug abuse charges may depend on the classification of that specific substance. Morphine, for example, is considered a Class A substance, which means it may carry a penalty of up to two years in jail and a $2,000 fine. Oxycontin, hydrochloride, and oxycodone, on the other hand, are Class B substances and may carry a penalty of 1 year in jail and a $1,000 fine.

Contact a Massachusetts Drug Abuse Lawyer

If you have been charged with prescription drug possession, you need a Massachusetts drug abuse lawyer on your side. Riccio Law has experience managing a wide range of potential drug abuse charges, including prescription drug abuse charges, and can help you protect your rights. Call (508) 226-4500 or visit Riccio Law’s website here to schedule a free case evaluation today.

Riccio Law: Tough Problems Need a Fearless Advocate

If you have faced any type of drug abuse charges in Massachusetts, you need an experienced drug abuse lawyer on your side. Attorney Anthony R. Riccio has considerable experience managing a wide range of drug abuse cases. In many cases, he has helped people reduce the charges against them or even return a not guilty verdict, protecting their freedoms.

Aggressive legal representation can help you reduce the potential penalties for a drug charge. Call (508) 226-4500 or visit Riccio Law’s website to schedule a free case evaluation today.

Massachusetts Federal Criminal Drug Activity Compared to the Nation

After 50 years of the War on Drugs, the battlegrounds in Massachusetts are still suffering. Boston has been named the drug capital of Massachusetts, one of the hardest-hit cities for opioid overdoses.

With a government obsessed with ever-increasing punishment to deter drug users, very little help is offered to those suffering from addiction.

Where Massachusetts Ranks Among Other States

Since the Nixon administration, the War on Drugs has raged without prevail. Initially, it was conceived with numerous prevention and treatment proposals. However, as the decades trudged on, later administration would continue to ramp up penalties while resources for treatment would dwindle.

Drug Use by State: 2021s Problem Areas is a recent study that compared the 50 states and the District of Columbia using the following criteria:

  • Drug arrests
  • Drug use and addiction
  • Drug-related health issues

Despite ranking 12th in the nation overall, Massachusetts had the fewest arrests per capita.

According to the arrest report for all drug-related violations in the state:

  • The majority of offenses were charges for drug possession. Nearly 7,000 people were arrested for simple possession.
  • Distribution and selling offenses accounted for a little over 2,000 arrests
  • Other offenses dropped dramatically. Buying illegal drugs and using illicit drugs together accounted for approximately 600 arrests.
  • 135 people were arrested for transporting drugs
  • Only 63 people were arrested for manufacturing illegal drugs

Low arrest numbers cannot accurately reflect the extent of drug problems in the state. Criminal drug charges are the third most common offense in Massachusetts, accounting for 14% of all arrested criminals.

How Does Criminal Drug Activity Look Nationwide?

Federal criminal drug activity is prevalent throughout the US. Under the Federal Bureau of Prisons , incarcerated individuals for drug offenses account for 45.3% of the population. Over 64,300 prisoners have been sentenced for primarily nonviolent drug offenses.

A closer analysis of federal criminal drug offenders found that:

Despite many first-time offenders and the majority committing nonviolent drug crimes, offenders faced lengthy prison sentences. Most federal drug offenses have mandatory minimum sentencing standards born out of the War on Drugs philosophies of the past 50 years.

To put sentencing in perspective, a comparison to violent crimes can be made. According to a nationwide study of state prisons:

  • Violent offenders accounted for 57% of prisoners
  • The average time served for violent offenders was less than 3 years
  • The average time served for murder was 13 years

In comparing Massachusetts criminal drug activity to the nation, most offenders in the state were sentenced for drug possession while trafficking was the predominant cause as a whole.

Which Illegal Drugs Pose the Most Threat?

Since the Nixon administration, the War on Drugs has raged without prevail. Initially, it was conceived with numerous prevention and treatment proposals. However, as the decades trudged on, later administration would continue to ramp up penalties while resources for treatment would dwindle.

Illegal drugs are categorized by their perceived risks and are subject to varying penalties. The Drug Enforcement Administration (DEA) classifies the following drugs by schedule, according to the American Addiction Centers :

Massachusetts categorizes the severity of drug crimes by classes where Class A is considered to be the most harmful and addictive and Class D contains the least harmful drugs. State laws reflect the different perspective from the federal take on drugs:

One of the most striking differences between Massachusetts and federal drug classifications is the view of marijuana. Federally, marijuana is perceived as having no medical value and has the most potential for abuse.

Massachusetts has legalized medical and recreational marijuana. Legalization was a slow move in the state, initially passing laws for medical use. The stark contrast of medical views of marijuana on the federal and state level may need to be assessed as more states begin to adopt medical-use allowances.

Since allowing recreational use of marijuana in Massachusetts, the state has begun capitalizing on tourism and promotes cannabis for adults on numerous travel sites.

On the other hand, Massachusetts takes a harsher stance towards opioids than the federal level. Massachusetts has been hit hard by the Opioid Epidemic and has adjusted state law to reflect the seriousness of the problem.

What is the Opioid Epidemic?

Due to the fraudulent behavior of many opioid drug manufacturers and subsequent push from doctors, patients were not fully informed on the dangers of opioid addiction. In 2017, the US Department of Health and Human Services declared the Opioid Epidemic a public health emergency, initiating a shift in the rate of prescriptions written for patients and funding for treatment centers for opioid abusers.

Massachusetts has suffered a great deal from the Opioid Epidemic:

Comparatively, there were 70,630 overdose deaths related to opioids in the nation in the last reporting year.

Has the Pandemic Affected Criminal Drug Use?

While the nation retreated indoors to self-quarantine during the pandemic, drug use skyrocketed . An estimated 100,300 fatal drug overdoses occurred since April 2021, a 28.5% increase.

Additionally:

  • Early estimates from the CDC tallied overdose fatalities from opioids at approximately 76,000 in one year.
  • While numbers have not been released, the CDC has reported deaths related to cocaine and prescription medications have also increased.

As the pandemic continues, thwarted by variants and public irresponsibility, it is reasonable to suggest that overdose deaths in Massachusetts and the nation will continue the current trend.

At Riccio Law, our drug offense attorneys are here to defend Bostonians from criminal drug charges and protect their right to seek treatment. A consultation can help members of our community avoid becoming a statistic.