Drug Possession and/or Distribution
A person can be charged with drug possession if they knowingly or intentionally possess a controlled substance such as cocaine, heroin, or prescription medication without a valid prescription. Distribution of a controlled substance, or mere possession with the intent to distribute, are more serious offenses. You can be guilty of distribution even if you did not sell any drugs. Just sharing a controlled substance, or giving it away for free, is a crime.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you of drug possession and/or distribution?
Three things: 1) the substance in question is defined by law as a controlled substance; 2) you were in possession of some amount of that substance; and 3) you knew you were in possession of the substance, or you intended to be in possession of it.
What if you had a prescription for the drug that was in your possession?
If a defendant had a lawful prescription for a controlled substance (for example, a prescription for gabapentin), that could be a valid defense to a charge of drug possession. However, the defense lawyer would have to put the prescription into evidence. The prosecutor is not required to prove that the defendant did not have a prescription.
What if I have my medical marijuana card?
To be protected under medical marijuana laws, you must have an active Massachusetts Medical Use of Marijuana Program registration card, and the marijuana must be from a medical dispensary.
If a person is addicted to a drug, can they be responsible for being in possession of it?
Yes. The law draws no distinction based on why the defendant was in possession of a drug. However, if the defendant is an addict, it may be possible to negotiate a settlement of the case that is focused on treatment rather than prison.
What if you didn’t realize that you had a controlled substance in your possession?
If a person gets charged with drug possession, the prosecutor has to prove that they knew what they possessed. Evidence that they did not necessarily know (for example, a person picked up a backpack, and the backpack turned out to have drugs in it) could be helpful to the defense. As with any defense, the jury would have to decide, based on all the circumstances, if they believe it.
Can you be charged with drug possession if the drugs belonged to someone else?
Yes, even if the drugs do not “belong” to you, if you are knowingly in possession of any drugs you can be charged.
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