Every state has their own classification system, and in Massachusetts there is a large difference between possession and being charged with possession with intent to distribute. With the exception of marijuana, intent to distribute a drug is considered a felony crime. Law enforcement officials and prosecutors are aggressive in charging individuals with drug crimes – and they often use individuals as an example to those engaging in similar behaviors. If you have been arrested for possession or possession with intent to distribute, it is imperative you seek legal counsel.
Drug Quantities Are Not Definitive
Some individuals are under the assumption that to be charged with intent to distribute, they must be carrying a specific quantity of drugs. This is not what the law states. Instead, the law recognizes that drug habits can vary from person-to-person and there are addicts that may require higher quantities than others – but truly have no plans to distribute.
Case law in Massachusetts has shown that the courts do not always consider quantity when determining intent to distribute. If the police find a large quantity in the individual’s possession at the time of their arrest, they may be charged with a felony – especially if they have other items in their possession that make it clear they had intent to distribute, such as scales, small plastic bags, etc.
In the state, there has been extensive litigation on the matter and the courts are now using their own discretion when determining if a person had the true intent to distribute or simply was collecting a high volume of illegal substances for their own personal use.
Personal Use is Still Subjective
A person’s intent is highly subjective. For example, an individual found growing marijuana on their property may be charged with intent to distribute – since it is assumed by police that anyone growing marijuana would do so with the intent of selling it for profit. However, there may be individuals out there with debilitating illnesses or conditions that force them to grow an illegal substance – while still strictly for personal use. It is then up to the criminal defense to prove that their client had no intention of selling their marijuana and in order to win their case, the prosecution must prove that the defendant had intent.
Discuss Your Drug Arrest with an Attorney – Contact Keegan Law
If you have been arrested for drug possession or possession with intent to distribute, it is imperative that you speak to a criminal defense attorney right away. Because the law is highly subjective, you could still be charged with a felony even though you had no intention of distributing the drugs in your possession. Keegan Law offers an aggressive defense. Contact us today for a free case evaluation and let us explore your options. To get started, contact us online or call (617) 799-7644 to schedule your case evaluation appointment.