In order to be convicted of the Massachusetts Drug Crime of Distribution of a Controlled Substance, the prosecutor must prove three things:
  1. That the substance in question is a controlled substance;
  2. That the defendant distributed some perceptible amount of that substance to another person; and
  3. That the defendant did so knowingly or intentionally.
The term "distribute" means to actually deliver a controlled substance to another person; and it is irrelevant whether any money or other compensation was involved.

As with most, if not all, drug crimes, the potential penalties that a defendant faces if convicted of distribution can vary depending on the specific type of controlled substance; the weight of the drugs; and how the defendant is charged.  In other words, a defendant could face up to 2.5 years in the House of Corrections if the he/she is charged in the District Court, whereas the penalties are much more severe if the drug case has been indicted to the Superior Court.

There could also be enhanced penalties for the crime of Distribution and other drug crimes if the defendant has been charged as a Second & Subsequent Offender, under the Habitual Offender Statute, or as an Armed Career Criminal.

Additionally, upon a conviction for Distribution of a Controlled Substance, the Registry of Motor Vehicles is statutorily required to suspend the defendant's license or right to operate a motor vehicle, which could be anywhere between three and five years.

If you have been charged with the Drug Distribution, or any other Drug Crimes, it is critical that you consult with an experienced Massachusetts Criminal Defense Lawyer who can assist you in evaluated whether your Constitutional rights were violated by an unlawful Search & Seizure and whether there is any way for you to beat your case.

Boston Criminal Defense Attorney Lefteris K. Travayiakis has dedicated his law practice to criminal defense and is available 24/7 for consultation, on all criminal violations of Massachusetts Drug Laws, as well as all other Misdemeanor and Major Felony Crimes.

To schedule a Free Consultation, Click Here to Contact a Boston Drug Lawyer or call 617-325-9500.