Drug Crimes in Essex County, Massachusetts
Massachusetts Controlled Substance Act defines drug crimes in Essex County as the illegal handling of controlled substances and narcotics. This includes their unlawful production, distribution, trade, use, transportation, and possession. Drug charges in Essex are usually classified as possession, possession with intent to distribute, or trafficking cases. Possession can be actual, meaning that the drug is found on the suspect, or constructive where the drug is in a place that is under the control of the offender.
For the purpose of criminalization, drugs in Essex are categorized into five classes; Class A, Class B, Class C, Class D, and Class E drugs.
Class A: Heroin, acetylmethadol, carfentanil, fentanyl
Class B: Cocaine, crack cocaine, LSD, oxycodone, hydrochloride, amphetamine, methamphetamine (meth), ecstasy
Class C: Chlordiazepoxide, clorazepate, diazepam, flurazepam, glutethimide
Class D: More than 1 ounce of marijuana, inhalants, chloral betaine, chloral hydrate, ethchlorvynol, ethinamate
Class E: prescription drugs containing less than 200 milligrams of codeine per 100 milliliters or per 100 grams, less than 100 milligrams of opium per 100 milliliters or per 100 grams, and prescription drugs not listed in any other class.
The range of substances categorized as illicit drugs is not exhaustive or static. The Drug Act empowers the Commissioner of Public Health to include substances previously omitted by the law after considering certain factors including
- Their potential for abuse
- Scientific evidence of their pharmacological effect, if known
- The state of current scientific knowledge regarding the drugs, or other substances
- Their history and current pattern of abuse
- The scope, duration, and significance of abuse.
- The risk they pose to public health.
- Psychological or physiological dependence liability
- Connection with substances already controlled.
A conviction for a drug crime in Essex may attract criminal penalties including fines, incarceration, and mandatory drug rehabilitation programs. The accused may be able to beat the drug charge and avoid a conviction by contacting a drug-crime lawyer. Drug crime attorneys understand the Massachusetts drug laws and the Constitution, they can provide legal advice and guidance that will be vital in the accused’s drug case and may be able to obtain an acquittal, dismissal, or leniency on the accused’s behalf as necessary.
What are the Penalties for Drug Crimes in Essex County?
The severity of penalties for drug crimes in Essex depends on the particular act, the class of drug involved, and the criminal history of the offender. Below is a table of criminal punishments for the most common drug crimes in Essex County
| Category | Distribution/Possession with intent | Possession | Trafficking |
|---|---|---|---|
| Class A | First offense: up to 10 years in prison, or not more than 2.5 years in a house of correction, and/or fine between $1,000 and $10,000. Subsequent offense: 3.5 - 15 years in jail and a fine between $2,500 and $25,000. | First Offense: up to 1 year in a house of correction or by a fine of not more than $1,000, or both. Subsequent offense: up to 2 years in a house of correction or by a fine of not more than $2,000, or both. *(Heroin)First offense: up to 2 years in a house of correction or by a fine of not more than $2,000, or both. Subsequent offense: 2.5 - 5 years prison or up to 2.5 a house of correction and a fine of not more than $5,000. | (Heroin, opium, morphine, etc.) 18-36g: 3 .5 -30 years in prison 36-100g: 5-30 years in prison 100-200g: 8-30 years in prison Over 200g:12-30 years in prison (Fentanyl/Carfentanil) Over 10g: 3.5-20 years in prison *including fines *‘g’ refers to grams |
| Class B | First Offense: not more than 10 years in prison, or up to 2.5 years in a house of correction, and/or fine between $1,000 and $10,000. Subsequent offense: up to 10 years in prison and/or a fine between $2,500 and $25,000. (Cocaine or Meth) First Offense: up to 10 years in prison or up to 2.5 years in a house of correction Subsequent offense: up to 15 years prison | First offense: up to 1 year in a house of correction or by a fine of not more than $1,000, or both. Subsequent offense: up to 2 years in a house of correction or by a fine of not more than $2,000, or both. | (Cocaine and meth) 18-36g: 2-15 years in prison 36-100g: 3.5 -20 years in prison 100-200g: 8-20 years in prison Over 200g: 12-20 years prison *including fines * ‘g’ refers to grams |
| Class C | First offense: either up to 5 years prison, up to 2.5 years in a house of correction, or fine between $500 - $5,000, or both fine and imprisonment. Subsequent offense: up to 10 years in prison or up to 2.5 years in a house of correction both options together with a fine between $1,000 and $10,000 | First offense: up to 1 year in a house of correction or by a fine of not more than $1,000, or both. Subsequent offense: up to 2 years in a house of correction or by a fine of not more than $2,000, or both. | |
| Class D | First offense: up to 2 years in a house of correction or a fine between $500 - $5,000, or both such fine and imprisonment. Subsequent offense: up to 2.5 years in a house of correction or a fine between $1,000 and $10,000 , or both such fine and imprisonment. | First offense: up to 1 year in a house of correction or by a fine of not more than $1,000, or both. Subsequent offense: up to 2 years in a house of correction or by a fine of not more than $2,000, or both. (Marijuana) Up to 6 months in a house of correction or by a fine of $500, or both. | (Marijuana) 50 - 100lbs: 2.5 -15 years prison or 1- 2.5 years in a house of correction 100 - 2000lbs: 2-15 years in prison 2000-10,000lbs: 3.5 - 15 years in prison Over 10,000lbs: 8 -15 years in prison *including fines *’ lbs’ refer to pounds |
| Class E | First offense: up to 9 months in a house of correction or by a fine between $250 and $2,500, or both such fine and imprisonment. Subsequent offense: up to 1.5 years in a house of correction or by a fine between $500 - $5,000, or both such fine and imprisonment | Up to 6 months in a house of correction or by a fine of $500, or both. |
Massachusetts drug law is more stringent on drug crimes involving minors such as the distribution of drugs to minors, inducing or abetting a minor to sell, and sale of drugs close to a school zone. However, each drug charge case is unique and prosecuted on facts and evidence. A conviction under the drug laws may result in severe consequences but the laws also permit mitigated sentences in certain circumstances. For instance, drug offenders serving a mandatory minimum sentence in a house of correction for trafficking or distributing class A drugs may be eligible for parole after serving one-half of the maximum term. This parole is however not available to offenders found to be involved in certain aggravating circumstances like
- The use of violence, threats of violence, or possession of a firearm during the commission of the offense
- Directing the activities of another who commits a felony drug offense
- Selling class A, B, or C drugs to a minor or abetting a minor to sell drugs/
Similarly, first-time offenders for possession of marijuana or a controlled substance under Class E may be placed on probation unless such offender objects to it, or there is a court recommendation against such probation. Once the probation is successfully completed, the case will be dismissed and the records would be sealed. This probationary sentence is only available to persons with no prior drug crime conviction.
What Percentage of Crimes are Drug-Related in Essex County?
According to statistics provided by the Massachusetts Executive Office of Public Safety and Security (EOPSS), Essex registered 846 drug violations in 2019, about 5% of the total crimes in the county during the year. The drug violations consisted of 65% possession cases, 25% distribution cases, 5% cases of buying, 3% cases on consumption, and 16% transporting cases. Cases involving heroin constituted 19%, crack cocaine 10%, other forms of cocaine 15%, marijuana 10%, and methamphetamine 4%. When compared to the reports of the previous year, drug crimes in Essex County dropped by 19%. This represents the highest drop in Essex drug crimes within the last five years.
How Many Prisoners Are in Jail For Drug-Related Crimes in Essex County?
According to reports published by the Essex County Sheriff Department, drug offenders constituted 17% of the total Essex jail population in 2018. Reports from the National Drug Intelligence Center (NDIC) show that Essex has been one of the major markets for drug trade in Massachusetts since the 1990s. Drug overdose deaths have more than doubled since 2000 to a rate of 23 per 100,000 residents. The rate of drug-related arrests also increased by 44% when compared to that of the year 2000.
Essex County Drug Crime Lawyer
Persons charged with drug crimes in Essex may be able to successfully defend their case with the assistance of a skilled drug crime attorney. Drug crime lawyers are trained to examine the circumstances surrounding the search, seizure, and arrest to ascertain whether or not the prosecution had reasonable cause for filing the drug charge against the suspect. The lawyer also analyses the prosecution’s arguments for deficiencies that may be useful in constructing defenses for the offender or bargain with the prosecution to either resolve the charges or minimize the offender’s criminal penalties upon conviction. Also considering their familiarity with the legal system, the case processes, and relevant paperwork, hiring a drug lawyer can help defendants conduct their case efficiently without case-delaying errors.
How to Beat Drug Crime Charges in Essex County
Individuals facing a drug crime charge in Essex may consult with their attorney to discuss the possibility of an applicable defense that may include
Violation of Sixth Amendment rights: Prior to the United States’s Supreme Court decision in Melendez–Diaz v. Massachusetts, the prosecution could simply rely on an affidavit from a chemist to prove that a substance is controlled or is a narcotic. However, following the judgment, the Commonwealth cannot establish a drug charge without calling the chemist as a witness to testify regarding the laboratory analysis of the substance. In absence of this, the court will dismiss the charge based on the violation of the Sixth Amendment to the U.S. Constitution which grants suspects the right to confront evidence brought against them for a charge.
Violation of Fourth Amendment rights: The Fourth Amendment to the U.S. Constitution protects people from unlawful searches and seizures. This means that law enforcement officials are prohibited from conducting a search and seizure except when they have probable cause to believe criminal activity is being perpetrated, or they have a court-issued search warrant. A defendant may be able to challenge a police search in court by proving that it was unlawful or unjustifiable.
Lack of Knowledge: To establish a drug charge in Essex, the prosecution may have to prove that the suspect had knowledge of the presence of drugs found with them or under their control. Defendants can defeat a drug crime charge by proving that they lacked such knowledge.
Mere presence defense: In certain cases, where drugs are not necessarily detected on the accused, such an individual may rely on the defense of mere appearance. Mere presence in a place where the police find drugs cannot justify a conviction for possession or possession with intent. Where drugs are not found on the defendant, the prosecution will have to prove beyond a reasonable doubt that the suspect possesses the ability to exert control over the drugs in question.
Prescription for the Drugs: A suspect can avoid conviction by presenting a valid prescription to possess and use the drugs. The prescription justifies possession of the drugs. When it relates to a charge of possession of marijuana, the defense may argue that the defendant is a patient certified to participate in a therapeutic research program, and possesses the marijuana for personal use pursuant to such program.
Drug crime offenders with little or no criminal record may also explore the alternative of resolving their charge with the prosecutor through any of the following
Continuance Without a Finding (CWOF): This is a defendant’s admission of committing a drug offense that will not result in a criminal conviction. Instead, the court continues the case until the successful completion of a probationary term and its conditions by the offender. A breach of the conditions or probationary term may result in a prison or house of correction sentence for the offender.
Pretrial Probation: The prosecution may agree to withdraw a drug charge if the offender fulfills specified conditions, like going drug-free or attending counseling for a fixed period of time. The pretrial probation is not an admission of guilt, instead, the defendant agrees to predetermined conditions in exchange for a dismissal of the drug charge.
