Drug Distribution & Trafficking

Massachusetts distinguishes between three levels of drug offenses: possession (covered on our drug possession page), distribution/possession with intent to distribute, and trafficking. Distribution and trafficking charges are far more serious than simple possession and carry much harsher penalties.

This charge means prosecutors believe you possessed drugs not for personal use but to sell or give to others. The “intent to distribute” element is what makes this charge more serious than possession.

What Prosecutors Must Prove:
- You possessed a controlled substance
- You did so knowingly or intentionally
- You intended to distribute the substance to others

How “Intent” Is Determined: Police and prosecutors look at circumstantial evidence to prove intent to distribute:
- Quantity: Amount exceeding typical personal use
- Packaging: Multiple bags, baggies, or packages suggesting distribution
- Paraphernalia: Scales, cutting agents, packaging materials
- Cash: Large amounts of cash, especially small bills
- Communication: Text messages, phone records suggesting drug dealing
- Testimony: Statements or informant testimony

Importantly, you can be charged with intent to distribute even if you never actually distributed anything. The charge is based on what prosecutors believe you intended to do.

Class A Substances (Heroin, Fentanyl): - First offense: Up to 10 years state prison or 2.5 years jail; $1,000-$10,000 fine - Subsequent offense: 3.5-15 years state prison mandatory; $2,500-$25,000 fine

Class B Substances (Cocaine, Methamphetamine): - First offense: Up to 10 years state prison or 2.5 years jail; $1,000-$10,000 fine - Subsequent offense: 2-10 years state prison; $2,500-$25,000 fine

Class C Substances: - First offense: Up to 5 years state prison or 2.5 years jail; $500-$5,000 fine - Subsequent offense: 2.5-10 years state prison or 18 months-2.5 years jail

Class D Substances (Marijuana over 1 oz): - First offense: Up to 2 years jail; $500-$5,000 fine - Subsequent offense: 1-2.5 years jail; $1,000-$10,000 fine

Trafficking charges are based purely on weight—possess more than statutory threshold amounts, and you face trafficking charges regardless of whether you actually distributed anything or had any intent to distribute. These charges carry mandatory minimum prison sentences.

Trafficking is not about crossing state lines or large-scale operations—it’s about weight. If you possess, manufacture, distribute, cultivate, or bring into Massachusetts certain amounts of specific drugs, you face trafficking charges.

Critical Weight Thresholds for Trafficking:

Marijuana (Class D): - 50+ pounds: Minimum 1 year mandatory - 100-2,000 pounds: Minimum 2 years mandatory - 2,000-10,000 pounds: Minimum 3.5 years mandatory - 10,000+ pounds: Minimum 8 years mandatory

Cocaine and Class B Substances: - 18-36 grams: Minimum 2 years mandatory - 36-100 grams: Minimum 3.5 years mandatory - 100-200 grams: Minimum 8 years mandatory - 200+ grams: Minimum 12 years mandatory

Heroin, Morphine, Opium (Class A): - 18-36 grams: Minimum 3.5 years mandatory - 36-100 grams: Minimum 5 years mandatory - 100-200 grams: Minimum 10 years mandatory - 200+ grams: Minimum 12 years mandatory

Fentanyl: - 10+ grams: Minimum 3.5 years mandatory (up to 20 years maximum)

The most serious aspect of trafficking charges is mandatory minimum sentences. If convicted of trafficking, the judge MUST impose at least the minimum sentence—there’s no discretion to go lower.

This means:
- No suspended sentences below the mandatory minimum
- You must serve the mandatory minimum before parole eligibility
- Good time credits don’t apply to mandatory minimums
- Alternative sentencing (probation, house arrest) isn’t available

Beyond prison time, a distribution or trafficking conviction affects every aspect of your life:

- Permanent felony record affecting employment, housing, education
- Professional licenses denied or revoked (healthcare, law, education, etc.)
- Immigration consequences including deportation for non-citizens
- Firearms rights permanently lost
- Federal benefits potentially lost (student loans, public housing)
- Parental rights potentially affected in custody disputes
- Social stigma that follows for years

These consequences can feel overwhelming. They are serious. But experienced defense can make the difference between conviction and acquittal, between trafficking charges and reduced possession charges, between mandatory prison time and alternative outcomes. Don’t give up—fight back.

After nearly 30 years defending drug cases in Massachusetts, we know:

- How prosecutors build these cases and where they’re vulnerable
- Which judges are more receptive to suppression motions
- How different prosecutors’ offices handle drug cases
- What evidence issues to look for that others miss
- How to effectively cross-examine drug task force officers
- Massachusetts search and seizure law inside and out.

This knowledge—earned through thousands of hours in Massachusetts courts—is what we bring to your defense.

If you are facing drug related charges in Massachusetts, it is crucial to seek legal representation from a skilled Massachusetts attorney without delay.

Our experienced team is dedicated to defending individuals accused of drug distribution and trafficking and providing effective legal strategies tailored to your specific situation. Don't hesitate—contact us today for a confidential consultation to discuss your case and explore your defense options.