The potential penalties you face depend on the drug that was found and the amount. Controlled substances are classified as Class A-E in Massachusetts with Class A drugs being the most dangerous and the most harshly persecuted.
Though marijuana possession has been decriminalized for small amounts, larger amounts and distribution still have serious criminal penalties.
Class A substances include things like heroin, GHB, and morphine. These drugs are seen as having a high risk of dependency and are punished the most severely.
1st Offense: You could face up to 2 years in jail
2nd Offense: You could face 2 ½ years to 5 years in prison.
Class B substances are still very addictive and include cocaine, ecstasy (MDMA or “molly”), methamphetamine, oxycontin, and LSD.
1st Offense: Up to 1 year in jail
2nd Offense: Up to 2 years in jail
Typically, if you are caught in possession of one of these lesser drugs, you will likely be able to serve probation or a continuance without finding (CWOF). However, there are many variables that can change this depending on the drug and the potency of it.
Because many drugs within these lower classifications are prescription drugs, you can face additional charges if you are caught using the prescription of another person or using fraudulently obtained scripts.
Ref: MGL § C. 94C“There's a difference between interest and commitment. When you're interested in doing something, you do it only when circumstance permit. When you're committed to something, you accept no excuses, only results.”
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