Massachusetts’ law prohibits an individual from knowingly or intentionally possessing any controlled substance without a valid prescription. To be found guilty of possession, you must (1) have knowledge of the substance, and (2) have actually possession of it, meaning on your person or in your control. You can face punishment of up to one year of incarceration and/or up to a $1000.00 fine.
There is an exception if the charge is for heroine possession. You must still have knowledge of the heroine, however, you do not need to be in actually possession to face criminal liability. Mere knowledge that the heroine is present is enough to carry criminal liability of up to one year of incarceration and/or up to a $1000.00 fine. Actually possession of heroine (first offense) carries criminal liability of up to 2 years in the house of corrections and up to a $2000.00 fine. Subsequent offenses carry criminal liability of up to 5 five years incarceration in the state prison and/or a fine of up to $5000.00 and imprisonment in jail or the house of corrections for up to 2 and a half years.
Another exception pertains to small amounts of marijuana. The Commonwealth of Massachusetts has decriminalized possession of marijuana as long as the amount is less than one ounce. However, possession of more than one ounce of marijuana carries criminal liability of up to one year of incarceration and/or up to a $1000.00 fine.
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