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Massachusetts Drug Possession Law

Massachusetts Drug Possession Defense

What you're facing under M.G.L. c. 94C § 34, how the penalties scale, and the questions your attorney needs to answer, specific to Massachusetts (MA) law.

Offense Class

Misdemeanor (most first offenses); Felony (Class A subsequent)

Maximum Penalty

2 years (Class A first); 3.5 years (Class A subsequent); 1 year (Class B); 1 year (Class C/D/E)

Maximum Fine

$2,000 (Class A); $1,000 (Class B); $1,000 (Class C/D/E)

Penalty Range in Massachusetts

StatuteM.G.L. c. 94C § 34 — Possession of Class A, B, C, D, or E Substance
Minimum Penalty
Maximum Penalty2 years (Class A first); 3.5 years (Class A subsequent); 1 year (Class B); 1 year (Class C/D/E)
Maximum Fine$2,000 (Class A); $1,000 (Class B); $1,000 (Class C/D/E)

Charge Enhancements

These factors can elevate the charge or penalty in Massachusetts:

  • Subsequent offenses
  • Possession near a school or park

Massachusetts-Specific Detail

Massachusetts decriminalized possession of small amounts of marijuana (under 1 oz for adults 21+). Class A includes heroin, Class B includes cocaine, Class C includes prescription opioids, Class D includes marijuana.

Is your Massachusetts drug case defense on track?

The free Defense Score checks 10 critical defense behaviors specific to drug-possession cases. Takes 2 minutes. Instant results.

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Massachusetts defendants.

Important: This page provides legal INFORMATION about Massachusetts drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.