Drug Possession

Drug possession in Massachusetts is governed by M.G.L. Chapter 94C, Section 34, which makes it illegal to knowingly or intentionally possess a controlled substance without a valid prescription or legal authorization.

If you’re reading this, you already know you’re charged—you lived through whatever led to this moment. What you need now is understanding what the law says, what prosecutors must prove, and what that means for your defense.

Under M.G.L. Chapter 94C, Section 34: “No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter.”

The key elements prosecutors must prove beyond a reasonable doubt are:
- You possessed a controlled substance
- The substance falls within one of the five drug classes defined under Massachusetts law (Class A, B, C, D, or E)
- You possessed it knowingly or intentionally
- You lacked legal authorization (valid prescription or other lawful basis)

Massachusetts classifies controlled substances into five classes under M.G.L. Chapter 94C, Section 31. The class determines the severity of penalties:

Class A Substances: The most serious category, including heroin, fentanyl and its derivatives, morphine, GHB, and ketamine. These carry the harshest penalties.

Class B Substances: Including cocaine, crack cocaine, methamphetamine, LSD, ecstasy (MDMA), oxycodone (OxyContin, Percocet), and other opioid medications without a valid prescription.

Class C Substances: Including prescription tranquilizers and narcotics like clonazepam, diazepam (Valium), hydrocodone (Vicodin), certain anabolic steroids, and some hallucinogens like psilocybin mushrooms and mescaline.

Class D Substances: Including marijuana (more than one ounce), certain barbiturates like phenobarbital, and some prescription medications.

Class E Substances: Including prescription drugs with lower doses of controlled substances, such as certain codeine preparations and medications like some benzodiazepines.

Massachusetts recognizes three types of possession:

Actual Possession: The substance is physically on your person—in your pocket, in your hand, or in a bag you’re carrying.

Constructive Possession: You don’t have the substance on you, but you know about it and have the ability and intent to control it—such as drugs in your home or car.

Joint Possession: You share possession with another person—both of you know about the substance and both have the ability to control it.

Importantly, merely being present where drugs are found is not enough for a conviction. The prosecution must prove you knowingly possessed the substance with the ability to control it.

The consequences of a drug possession conviction in Massachusetts depend on the drug class and whether you have prior convictions. These penalties matter—they affect real decisions about your future.

Class A Substances (Heroin, Fentanyl): - First offense: Up to 2 years in jail and/or up to $2,000 fine - Subsequent offense (felony): 2.5 to 5 years in state prison and/or up to $5,000 fine

Class B, C Substances (Cocaine, Prescription Drugs): - First offense: Up to 1 year in jail and/or up to $1,000 fine - Subsequent offense: Up to 2 years in jail and/or up to $2,000 fine

Class D Substances (More than 1 oz. marijuana): - First offense: Up to 6 months in jail and/or $500 fine

Class E Substances: - First offense: Up to 6 months in jail and/or $500 fine

These are the maximum possible penalties. Many first-time offenders avoid jail entirely through alternative dispositions like probation, drug treatment programs, or continuance without a finding (CWOF). With experienced legal representation, many clients achieve outcomes that protect their future and avoid the worst consequences.

Beyond criminal penalties, a drug conviction can affect your life in other significant ways:

Employment: Criminal record may impact job opportunities, especially in healthcare, education, transportation, or jobs requiring professional licenses

Professional Licensing: Certain professional licenses (nursing, pharmacy, teaching, law) may be denied or revoked

Immigration Status: Non-citizens face potential deportation, exclusion from re-entry, or denial of naturalization

Housing: May affect eligibility for public housing or rental applications

Federal Benefits: Could impact eligibility for federal student loans or certain government benefits

These consequences can feel overwhelming, and they are serious. With experienced legal representation, many clients avoid conviction altogether or achieve outcomes that minimize these collateral impacts.  

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

Our experienced team is dedicated to defending individuals accused of drug possession 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.