Drug Crimes Boston Criminal Lawyer Serpa Law Office

They insisted on taking me to trial, and Mr. Kickham never wavered. I hired Mr. William D. Kickham for a very important legal issue and I was extremely satisfied by the results. His in depth knowledge about the matter and here’s why you wake up early after a night of drinking his intelligent thinking was extremely beneficial. He was also very supportive and sensitive towards my concerns. Any salt of a substance for the time being specified in paragraph 1 or 2 of this Part of this Schedule.

According to the National Institute on Drug Abuse, opioids typically come in the form of medication used to treat pain, such as Codeine, Percocet, and Vicodin. Hallucinogens such as flunitrazepam or ketamine are also Class A drugs. The NIDA states that these are often known as club drugs because they are popular at parties. Roofies, Ecstasy, and Vitamin K are more commonly known names of these substances. Class C Substances in Massachusetts include narcotics considered less severe.

Amphetamines are stimulants; users tend to feel more alert, energetic, confident and cheerful and less bored or tired. Physical effects include quicker breathing and heart rate, loss of appetite and widened pupils. After several hours, users may become anxious, irritable and restless. During the comedown, users can feel tired, weak and unwell. Excessive use, especially over a few days, can induce depression, paranoia and even hallucinations.

• The prosecutor and police wouldn’t back down, even after my spouse told them it was all untrue.
• Possession, Intent to Distribute and TraffickingPossession can be actual or “constructive.” This means that a person doesn’t need to have the substance on his or her body to be in possession if they know where the substance is and intend to “own” it by “exercising dominion and control” over the substance.
• This class includes compounds, mixtures, or preparations that contain limited quantities of a narcotic and one or more nonnarcotic active medicinal ingredients.
• Any prescription drug used without consent from a licensed physician is considered a “controlled substance.” A controlled substance includes any substance upon which the manufacturer or distributor has placed a warning prohibiting dispensing without prescription.
• After a long running debate about the classification of cannabis, and at the request of the then Home Secretary David Blunkett, the advisory council recommended in 2002 that cannabis should be reclassified from class B to class C.

A conviction can result into a prison term of up to five years, two-and-a-half years in jail, and/or a fine of between $500 and $5,000. Our class has swelled to about a dozen persons now, and a good many others come and play to him once or twice and then go. If said correctly, the person receiving this subliminal insult will think you said “Classy” but in all actuality you are referring to their low social status.

Which drugs are class A?

These manufacturing variations can permit possession of sometimes very powerful and very dangerous substances to be non-criminal. The Massachusetts designer drug law now makes possession of such substances criminal. Penalties for drug possession in Massachusetts will depend on the specific factors in your case. Generally, a person found with a Class A drug faces higher jail time and fines than someone found with a Class C or D drug. Possession of a controlled substance will typically result in at least some jail time, regardless of the drug schedule. Under Massachusetts law, there are drug classes that determine the type of penalties for possessing, manufacturing, or distributing drugs.

Predominant consideration.” But the chairman of the advisory council contradicted this, stating that social and medical harms were given equal weight. These drugs have NO safe, accepted medical use in the United States. Some examples are heroin, marijuana, LSD, PCP, and crack cocaine. Section 812 of the Controlled Substances Act (21 U.S.C. §801 et seq.) lists substances which were controlled in 1970 alcohol allergy & alcohol intolerance when the CSA was enacted. Since then many substances have been added, removed, or transferred from one schedule to another. The current list of controlled substances can be found in section 1308 of the most recent issue of Title 21 Code of Federal Regulations Part 1300 to end (21 CFR §1308) and the final rules which were published in the Federal Register subsequent to the issuance of the CFR.

Other things, such as scales, cutting tools, packaging tools or large amounts of money can help the prosecution prove “intent to distribute.” Although classification is based on the concept of harm, this term is not defined. When the inquiry on illegal drugs began, the then Home Secretary Charles Clarke repeatedly asserted that “clinical, medical harm is the…

Penalties Attached to Each Class

Being found in possession of a drug on this list is dealt with less seriously than would be if it were deemed that there is intent to supply the drug to others. Possession with intent to supply carries a maximum penalty of life imprisonment. See “Tobacco and alcohol should be classed as dangerous drugs” on page 275. In Massachusetts, a conviction for any drug charge, even “simple” possession, will have far-reaching collateral consequences.

As it will automatically bar you from ever obtaining certain licenses. For example, any drug related conviction will prevent you from obtaining many professional licenses, including a Massachusetts liquor license to own a bar or restaurant. It is also very unlikely that you would ever be issued a LTC , even though one would think that a simple drug charge would have nothing to do with one’s fitness to possess a firearm.

Cocaine and crack are not physically addictive like heroin, but chronic users get used to the drug keeping them awake and functional. Physical side-effects include a dry mouth, sweating, loss of appetite and increased heart and pulse rate. Smoking crack regularly can cause chest pain, lung damage and bronchitis.

When you think of lawyers, you might imagine an attorney who wants to make a flashy argument or impress the court with their brilliance. For that kind of lawyer, who their client is really isn’t that important. Of course, it is possible that you will need to mount a defense at trial. Your defense attorney will identify and implement the best possible defense for your specific case if you find yourself in this situation. Prescription drugs other than those included in Classes A, B, C, D, and subsection of this Class. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.

House Journals

The committee also reported considerable confusion over the remit of the Advisory Council on the Misuse of Drugs and serious flaws in the way that the council conducts its business. In Massachusetts, drugs are divided into five categories for the purposes of the state’s drug possession laws. The different categories of drugs lead to different possible penalties if you are convicted of possession. It is important to note that many of the drugs in the various classes are, in fact, legal under certain circumstances and in certain quantities. Those same drugs, however, can carry criminal penalties related to possession if the amount in question falls outside the limits or if the drug was obtained in an illicit manner. Massachusetts law requires that a person must be aware of both the presence and the illegality of a controlled substance in order to commit a crime.

This recommendation was accepted with effect from January 2004. If you willingly seek treatment for a substance use disorder—assuming a judge agrees—and you complete the program, you will not acquire a criminal record. Alternately, if a judge allows you to participate in pretrial probation, six months of clean drug test results will result in your charges being dismissed.

Drug Scheduling

Defenses to drug offense vary depending understanding the triggers of an alcohol intolerance on the circumstances of each case.

What are the risks and effects associated with these drugs?

The charges in these cases vary with both the type and the amount of the drug in a person’s possession. A small amount of prescription medication may lead to a charge of possession, while holding enough of a drug to sell can increase the charges to possession with intent to distribute. If you are found in possession with enough of a drug to distribute on a large scale, you may be charged with drug trafficking. Any prescription drug used without consent from a licensed physician is considered a “controlled substance.” A controlled substance includes any substance upon which the manufacturer or distributor has placed a warning prohibiting dispensing without prescription.

Charges and Penalties for Illegal Possession of Prescription Drugs in Massachusetts

Such an approach to policy making is opaque and could be seen as a knee jerk response to a media storm. For example, having an attorney on hand for your Clerk’s Magistrate Hearing may provide an opportunity to have the charges dropped on the spot by disputing the facts involved. Alternately, it is sometimes possible to work out a deal at this stage that will result in having the criminal charge dropped. Odds are, when you think about what happens after an arrest, your mind jumps straight to the trial.

Although the federal government has its own classifications for illicit drug use, the state legislature has placed drugs into five separate classes, each with its own consequences under the law. It is vital for anyone who has been charged with a drug offense to understand the differences in each class and the related penalties. Believe it or not, “trafficking” is easier to prove than “intent to distribute” in Massachusetts.

Serpa law office was my attorney of choice for 2 seperate cases I had last year. With both situations, Joseph not only treated me great, delivered the results I was hoping for, and was extremely professional and genuine. I would definitely recommend this law office to anyone in need of legal help. Any preparation or other product containing a substance for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule. Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule, not being a preparation falling within paragraph 6 of Part I of this Schedule.

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