All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Massachusetts classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the manufacture and sale of CDS only. Possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in Massachusetts.
Also, while marijuana is considered a CDS, this article does not cover Massachusetts’s marijuana possession and sale laws. To learn more about that topic, see Massachusetts Marijuana Laws.
How Massachusetts Classifies CDS
Massachusetts divides CDS into five “classes.” Class A lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Classes B, C, D, and E decrease in dangerousness and probability of abuse; and increase in recognized medical uses.
These classes are also used to determine the applicable penalties for illegally making or selling specific CDS (described in the next section). If you’ve been arrested for illegal CDS possession, you’ll need to consult the Massachusetts Code that lists precisely which drugs fit into each group. Go to the statute (Ma. Gen. Laws Ann. 94C § 31) and find the substance you're charged with possessing -- it will be listed under one of the five classes.
Penalties for Making or Selling CDS
It is illegal in Massachusetts to make, sell, or possess CDS, or possess it with the intent to do these things, with few exceptions, such as a doctor who legally prescribes a prescription medication. Penalties vary according to the class of the CDS involved.
Class A substances
Penalties include a fine of at least $1,000 (and up to $10,000), up to ten years in prison, or both.
Second and subsequent convictions incur a mandatory five year minimum prison term (and up to 15 years in prison), a fine of at least $2,500 (and up to $25,000), or both. Second and subsequent offenders may be eligible for parole after serving at least one half of the maximum prison term, unless certain aggravating factors (such as carrying or using a firearm) existed at the time of the offense. (Ma. Gen. Laws Ann. 94C § 32.)
Class B substances
Penalties for illegally selling class B substances vary according to the specific substance involved. Penalties may include a fine of at least $1,000 (and up to $10,000), at least one year (and up to ten years) in prison, or both.
Second and subsequent convictions incur a mandatory three year minimum prison term (which increases to a five year minimum for some substances like methamphetamine), and a maximum of up to ten years in prison; a fine of at least $1,000 ($2,500 for some substances) and up to $25,000; or both. Second and subsequent offenders may be eligible for parole after serving at least one half of the maximum prison term, unless certain aggravating factors (such as carrying or using a firearm) existed at the time of the offense. (Ma. Gen. Laws Ann. 94C § 32A.)
Class C substances
Penalties include a fine of at least $500 (and up to $5,000), up to five years in prison, or both.
Second and subsequent convictions incur a mandatory two-year minimum prison term (and a maximum of ten years in prison); a fine of at least $1,000 (and up to $10,000), or both. Second and subsequent offenders may be eligible for parole after serving at least one-half of the maximum prison term, unless certain aggravating factors (such as carrying or using a firearm) existed at the time of the offense. (Ma. Gen. Laws Ann. 94C § 32B.)
Class D substances
Penalties include a fine of at least $500 (and up to $5,000), up to two years in prison, or both.
Second and subsequent convictions incur a mandatory one year minimum jail term (and up to two and a half years in prison); a fine of at least $1,000 (and up to $10,000), or both. (Ma. Gen. Laws Ann. 94C § 32C.)
Class E substances
Penalties include a fine of at least $250 (and up to $2,000), up to nine months in jail, or both.
Second and subsequent convictions incur up to one and a half years in prison, a fine of at least $500 (and up to $5,000), or both. (Ma. Gen. Laws Ann. 94C § 32D.)
Distribution to Minors
Illegally selling class A, B, or C CDS to minors (people younger than 18 years old) incurs increased penalties, as described below. (Ma. Gen. Laws Ann. 94C § 32F.)
Class A substances
Penalties include a fine of at least $1,000 (and up to $10,000), at least five (and up to 15 years in prison), or both. Second and subsequent convictions incur a mandatory five year minimum prison term (and up to 15 years in prison), a fine of at least $1,000 (and up to $25,000), or both. (Ma. Gen. Laws Ann. 94C § 32F(a).)
Class B substances
Penalties for illegally selling class B substances vary according to the specific substance involved. Penalties may include a fine of at least $1,000 (and sometimes not less than $25,000), at least three (and sometimes at least five) and up to 15 years in prison, or both. (Ma. Gen. Laws Ann. 94C §§ 32F(b)&(d).)
Class C substances
Penalties include a fine of at least $500 (and up to $5,000), at least two and a half (and up to 15 ) years in prison, or both. (Ma. Gen. Laws Ann. § 32F(c).)
Trafficking CDS
“Trafficking” refers to intentionally making, selling, or transporting specified amounts of certain CDS over state lines. Penalties vary according to the type and amount of CDS involved, as described below. (Ma. Gen. Laws Ann. 94C § 32E.)
Phenmetrazine and coca derivatives
Trafficking 14 grams or more, but less than 28 grams of Phenmetrazine and its salts; or coca leaves, salts, or derivatives, incurs a fine of at least $2,500 (and up to $25,000), at least three years in prison, or both. Penalties for trafficking 28 grams or more, but less than 100 grams, include a fine of at least $5,000 (and up to $50,000), at least five years in prison, or both. For 100 grams or more, but less than 200 grams, penalties include a fine of at least $10,000 (and up to $100,000), up to ten years in prison, or both. And for 200 grams or more, penalties include a fine of at least $50,000 (and up to $500,000), up to 15 years in prison, or both. (Ma. Gen. Laws Ann. 94C § 32E(b).)
Heroin, morphine, or opium
Trafficking 14 grams or more, but less than 28 grams of heroin, morphine, or opium incurs a fine of at least $5,000 (and up to $50,000), at least five (and up to 20) years in prison, or both. Penalties for trafficking 28 grams or more, but less than 100 grams, include a fine of at least $5,000 (and up to $50,000), at least seven (and up to 20) years in prison, or both. For 100 grams or more, but less than 200 grams, penalties include a fine of at least $10,000 (and up to $100,000), up to ten (and up to 20) years in prison, or both. And for 200 grams or more, penalties include a fine of at least $50,000 (and up to $500,000), up to 15 years in prison, or both. (Ma. Gen. Laws Ann. 94C § 32E(c).)
Talk to an Attorney
CDS manufacture or sale convictions incur both heavy fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.
