Trafficking

The Drug Crime of Trafficking involves the knowing or intentional manufacture, distribution, cultivation or possession with the intent to distribute certain net weights of controlled substances.

Massachusetts General Laws Chapter 94C, Sections 32E(a) through (c) provides the following penalties for Trafficking of certain controlled substances, as outlined below:

Penalties for Trafficking in Marijuana:

• 50 to 100 pounds of marijuana: 1 to 15 years in state prison;
• 100-2,000 pounds of marijuana: 3 to 15 years in state prison;
• 2,000 to 10,000 pounds of marijuana: 5 to 15 years in state prison;
• 10,000+ pounds, 10 to 15 years in state prison.

Penalties for Trafficking in Cocaine:

• 14 to 28 grams: 3 to 15 years in state prison;
• 28 to 100 grams: 5 to 20 years in state prison;
• 100 to 200 grams: 10 to 20 years;
• 200+ grams: 15 to 20 years.

Penalties for Trafficking in Heroin:

• 14 to 28 grams: 5 to 20 years in state prison;
• 28 to 100 grams: 7 to 20 years in state prison;
• 100 to 200 grams: 10 to 20 years in state prison;
• 200+ grams: 15 to 20 years in state prison.

In order to prove the crime of Trafficking, the prosecutor must prove, beyond a reasonable doubt:

1. That the defendant possessed a certain substance;
2. That the substance was a controlled substance;
3. That the defendant possessed that controlled substance knowingly or intentionally;
4. That the defendant had the specific intent to distribute, manufacture, dispense or cultivate the controlled substance; and
5. That the amount of the substance in question was [statutory amount] or more.

Massachusetts law recognized two kinds of possession: actual possession and constructive possession. A person who knowingly has direct physical control over an object at a given time is then in actual possession of it. Constructive possession is possession where a person has knowledge of the location of the item, as well as the power and intention to exercise dominion or control over the item at any given time.

Additionally, possession over an object does not have to be exclusive for purposes of Massachusetts criminal law: it can be joint or shared between or among more than one person.

Under Massachusetts criminal law, Mere Presence in the vicinity of a controlled substance, or mere knowledge of its physical location, is not the equivalent of possession.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons accused of the crime of Trafficking and other Drug Crimes.

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