Possession of a Control Substance with the Intent to Distribute (Class A, B, C, D, or E)

 

The charge of Possession of a Controlled Substance with the Intent to Distribute is governed by Massachusetts General Laws Chapter 94C, Sections 32 – 32D.  As stated in the Criminal Model Jury Instructions, the Commonwealth must prove three elements to sustain its burden for the charge of Possession with the Intent to Distribute a Class A (such as heroin, fentanyl, or morphine), Class B (such as cocaine), Class C (such as klonopin), Class D (such as marijuana), or Class E (such as prescription pills not covered in the other classes) substance:
 

1. That the substance in question was a controlled substance;

2. That the defendant knowingly possessed some perceptible amount of that substance; and

3. That the defendant intended to distribute it to someone else.   

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To learn more about the circumstances that qualify as possession of a controlled substance, click here.  Oftentimes, the distinction between Possession of a Controlled Substance and Possession of a Controlled Substance with the Intent to Distribute boils down to whether the Commonwealth can prove that the substance was for personal use versus for distribution.  Some indicia that have been considered by the courts in an assessment of whether there is the intent to distribute include the following: possession of large quantities of the controlled substance, the absence of implements or paraphernalia for personal use, and the presence of cash, crib sheets, multiple phones, scales, sandwich bags, cutting agents, or other accouterments of the drug trade. 

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If you have been charged with Possession of a Controlled Substance with the Intent to Distribute, it is important to speak to an experienced drug crime lawyer as soon as possible.  For a free consultation, contact Attorney Thaler at 781-366-0806 or at mike@thaler.law.