Drug Trafficking

Drug trafficking is the possession with the intent to distribute or the actual distribution of a certain threshold quantity of drugs. The prosecutor must prove beyond a reasonable doubt all of the elements associated with possession as well as the particular amount of the drugs charged in the indictment. Trafficking is the most serious of all Massachusetts drug crimes. Associated with all drug trafficking convictions is Massachusetts is a mandatory minimum state prison sentence that must be served before parole is possible. All drug trafficking laws in Massachusetts state courts are set out in Massachusetts General Laws Chapter 94C Section 32E.

If you are convicted of trafficking marijuana Class D you face the following penalties:

1. For a conviction of trafficking 50 pounds or more you face 2 ½ to 15 years in state prison or 1 to 2 ½ years in jail. A conviction carries a minimum mandatory 1 year sentence.
2. For a conviction of trafficking 100 pounds but less than 2000 pounds you face 2 to 15 years in state prison. There is a minimum mandatory 2 year sentence to be served.
3. For a conviction of 2000 pounds and less than 10,000 pounds the sentence can range from 3 ½ to 15 years in state prison. The minimum mandatory sentence is 3 ½ years.
4. If convicted of trafficking 10,000 pounds or more the sentence ranges from 8-15 years. The minimum mandatory sentence is 8 years.

Cocaine trafficking in Massachusetts Class B is considered more serious than marijuana trafficking. If you are convicted of cocaine trafficking you can be sentenced as follows:

1. 18 grams but less than 36 grams provides for 2 to 15 years in state prison. The minimum mandatory sentence you must serve is 2 years.
2. 36 grams but less than 100 grams provides for a 3 ½ to 20 year prison sentence. 3 ½ years of this sentence is a minimum mandatory that must be served.
3. 100 grams but less than 200 grams has a prison sentence that ranges from 8 to 20 years. 8 years of this sentence is a minimum mandatory.
4. 200 grams or more requires a sentence of 12-20 years. The minimum mandatory is 12 years.

Heroin trafficking Class A is treated as the most severe of all trafficking crimes in Massachusetts. The sentences associated with the various quantities of heroin are as follows:

1. At least 18 grams but less than 36 grams requires a mandatory minimum 3 ½ year sentence. The maximum is 20 years.
2. At least 36 grams but less than 100 grams requires a mandatory minimum 5 year prison sentence. The maximum is 20 years.
3. At least 100 grams but less than 200 grams requires a mandatory minimum 8 year prison sentence. The maximum is 20 years.
4. At least 200 grams requires a mandatory minimum 12 year prison sentence. The maximum is 20 years.

The legislature has recently amended this statute to include a section specifically targeting Fentanyl trafficking Class A. The sentence now associated with Fentanyl trafficking is as follows:

1. 10 or more grams of Fentanyl, or any derivative thereof, requires a mandatory minimum 3 ½ year prison sentence. The maximum sentence is 20 years.

Attorney Neyman has been defending drug trafficking in Massachusetts and throughout the country for nearly thirty years. We have an unparalleled track record of success. We have won cases with motions to dismiss. We have secured victory by winning motions to suppress illegal searches and seizures thereby making the district attorney’s case unprovable. We have won countless drug trafficking cases by going to trial and winning. Our results speak for themselves. We know how to win these cases.