Possession of any drug categorized as a Class B Substance in Massachusetts is subject to serious penalties. If you are arrested or a drug possession charge or issued a criminal citation, we can often help prevent serious penalties, including avoiding a permanent criminal record.

Most substances classified as Class B drugs are illegal to have under any circumstances, such as Cocaine, Ecstasy, and LSD. There is no legal usage or justification for possessing these products.

Other substances categorized as Class B can be legal as prescribed for very limited prescription pain use. These drugs, most commonly Oxycontin or Oxycodone (Percodan/Percocet), as legal to the person prescribed, but commonly sold illegally on the black market. Prescription opiate addiction treatment pills like Suboxone (Butrans, Buprenex, Buprenorphine) are class B substances, and illegal to have if not prescribed to you. Fentanyl is also a Class B drug that is legal to prescribe but has been widely used on the black market for cutting heroin, a Class A substance.

Police are extremely aggressive about searching and arresting people suspected of class B drug possession. While some cops are finally relaxing a bit about marijuana now that it is decriminalized and on the way to becoming legal in Massachusetts, that is absolutely not the case with cocaine, ecstasy or prescription pills.

But an arrest is not a conviction. We can help. Give us a call to discuss your case and we’ll go over the possible ways to avoid a criminal conviction.

Beating a Drug Possession Class B Charge in Court

You could be arrested on a possession class B charge, or you the police can hand you a criminal citation to appear at a clerk’s hearing.

In both cases, it’s a serious criminal offense you are facing. But there are also ways to avoid a conviction and a record in both circumstances.

Winning a Hearing for a Criminal Citation on a Class B Drug Charge

If you got a ticket, either handed to you by an officer, or in the mail, you have 4 days to send in the criminal citation to request a Clerk Magistrate’s Hearing. It may seem odd to get a “ticket” for a criminal drug charge, but police have discretion in many cases not to arrest you on the spot. And this absolutely works in your favor.

These hearings are a great opportunity to stop a criminal charge before it even gets issued.  Attorney Matson wrote the book on how these hearings work, and our staff of experienced lawyers know how to win.

We can win these on the legal facts if the citation was unjust, incorrect, or a result of an illegal search.

We can also appeal to the Clerk’s sense of fairness and argue that the drug charge was a one time, out of character incident.

If you are a student or valuable member or the community, there is no justice in messing up your future with a conviction on your record. 

A criminal conviction can prevent a person from getting or renewing occupational licenses, like nursing, scholarships, or other opportunities. If it was a one-time mistake, why damage a person with a conviction? We offer the court an opportunity to drug test you on the spot to prove that you are not a chronic drug user.

Clerk Magistrates have enormous discretion to not issue a charge, so we just need to provide a compelling reason to let the case drop.

What if I was Arrested on a Class B Possession Charge?

If you were arrested, you need to be in court to be arraigned, usually the next business day. We can still fight and win these cases.

We can represent you at your arraignment and start the ball rolling on the best defense tactics. If you’ve already been arraigned and have a pretrial date, we can:

• Ask for a motion to suppress hearing to get the charges dismissed.  Illegal searches by police are much more common than people think.
• Argue for alternative sentencing. The law provides for several ways to avoid a criminal conviction on your record, including pretrial probation, pretrial diversion, drug dependent diversion programs, and more.

The goal after a drug arrest is to try to get the case dismissed outright or dismissed in the future if certain conditions are met. There are almost always options, so you should never just agree to a deal without exploring all the alternatives.

What is a Class B Substance?

Drugs designated as Class B under the Massachusetts Controlled Substances law include Cocaine, Ecstasy (Molly / MDMA), Methamphetamines, and LSD as well as oxycontin, fentanyl, and prescription opiates.

This category closely mirrors the Federal Schedule II drugs under the controlled substances act. It contains drugs that have a high potential for abuse, but have some limited medical uses under tight restrictions, and risk of psychological or psychological addiction and dependence.

Many Class B substances are frequently considered “party drugs”. We see a lot of arrests at concerts and music festivals.

Possession of Cocaine

Cocaine, in both powder and rock forms, is the most commonly charged substance for possession of a Class B substance in Massachusetts. It is not legal to have in any form.

Possession of Fentanyl

Fentanyl is used to treat severe pain. It is an extremely strong synthetic opiate in prescription form and is known to be sold on the black market. It has a high risk for addiction, dependence, and abuse.

It is linked to a number of deaths from overdose, particularly when mixed in unknowingly with heroin or other drugs.  It can be 50 to 100 times more potent than heroin, and users often don’t know if there is any fentanyl in their heroin, or it what dosage. Because of the power of the high, cutting heroin with fentanyl is extremely profitable for dealers. Demand is pushing illegal imports and trafficking into the country, primarily from China.

For that reason, police are stepping up in pursuit of fentanyl possession cases. The legislature recently passed a law increasing the penalties for trafficking fentanyl.

Fentanyl is a Class B Drug under the Massachusetts Controlled Substances act.

Possession of Oxycontin, Oxycodone, or other Opioid Pills.

These medications are also considered Class B drugs, in that they have legitimate medical uses, but are considered at high risk for abuse and addiction.

Possession of Ecstasy

Possession of ecstasy or any form of MDMA or molly is a class B drug charge in Massachusetts.

MDMA / ecstasy can be distributed powder, capsule or pill form, or as a liquid. It is a synthetic drug that causes euphoria, having both a stimulant and psychoactive hallucinogenic effect.

It is commonly used in association with concerts, dance clubs, or raves. Ecstasy impacts how the body regulates temperature, so using it in the summertime outdoors or in a hot concert call can cause severe dehydration.

How do people typically get caught?

Drug busts happen most typically when the police:

• Happened to observe what they consider a suspicious transaction or interaction, i.e. “drug deal”
• Were actively pursuing a suspected drug dealer or following up on a warrant
• In the course of a search after an unrelated traffic stop

All of these situations require the police to have probable cause or legal authority to conduct the search.

The police are asking me to tell them where I got the drugs. Should I tell them?

Cops love to make arrests for drug distribution, a felony charge. If you only had a little cocaine or ecstasy on you, they may try to threaten you with a more serious charge unless you tell them where you bought the drugs. Or even worse, they could ask you to essentially go undercover and help them catch the dealer.

Agreeing to act as a confidential drug informant is almost always a bad idea, and could be dangerous. You should absolutely not agree to anything like this without consulting a lawyer.

Call for a Legal Consultation

Although this is a scary charge, it’s often not nearly as bad as you think. We can help avoid serious consequences for many drug possession cases.

Call us today for a free case evaluation. We’ll let you know what you are realistically facing, and how we can help you.

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