The statute: It is a crime to knowingly or intentionally possess a controlled substance without a valid prescription or other lawful authorization.
What the Commonwealth must prove:
- The substance was a controlled substance in the class charged.
- The defendant knew the substance was present and knew what it was (or was willfully blind to it).
- The defendant possessed it — either on his or her person, or constructively, meaning the substance was within the defendant’s control and the defendant knew it was there and had the ability and intent to exercise control over it.
Penalties: A first offense carries up to 1 year in the house of correction and/or a fine of up to $1,000; a subsequent offense carries up to 2 years and/or a fine of up to $2,000. Possession of heroin is treated more severely: a first offense carries up to 2 years. A conviction can also mean driver’s license suspension, immigration consequences for non-citizens, and a criminal record affecting jobs and housing.
In plain English: Simple possession is the charge for having drugs for your own use. Even a small amount is enough, and the drugs do not have to be in your pocket — if the police find them in your car or your home, the argument will be about whether you knew they were there and controlled them.
How these cases are defended:
- Moving to suppress where the drugs were found through an unlawful stop, search, or arrest.
- Arguing lack of knowledge or lack of control in constructive possession cases — presence near drugs is not, by itself, possession.
- Challenging the lab analysis and the Commonwealth’s proof that the substance is what it claims.
- Seeking a continuance without a finding, pretrial probation, or a drug-treatment-based resolution, particularly for first offenders.
- Where addiction is the real issue, advocating for treatment under G.L. c. 123, § 35 alternatives or drug court where available.
This page is general information about Massachusetts law, not legal advice about any specific case. If you are charged with a crime, contact Davis Law Firm, P.C., 132 Lincoln Street, Suite 5L, Boston, MA 02111, (617) 297-4837.
