Conspiracy to Violate the Drug Laws

The charge of Conspiracy to Violate the Drug Laws is governed by Massachusetts General Laws Chapter 94C, Section 40, which provides that “[w]hoever conspires with another person to violate any provision of this chapter shall be punished...” The charge of Conspiracy to Violate the Drug Laws is often added to a complaint when two or more people are charged in tandem out of the same incident for drug crimes, such as Possession with the Intent to Distribute a Controlled Substance, Distribution of a Controlled Substance, or Trafficking of a Controlled Substance.  

 

To prove the charge of Conspiracy to Violate the Drug Laws, the Commonwealth must provide three things beyond a reasonable doubt: 

 

1. That the defendant joined in an agreement or plan with one or more other persons;

2. That the purposes of the agreement or plan was to distribute, manufacture, or possess a controlled substance; and

3. That the defendant joined the conspiracy knowing the plan was unlawful but intending to help carry it out.

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As detailed in the Criminal Model Jury Instructions, with respect to the first element, the crime is the agreement to distribute, manufacture, or possess a controlled substance.  It is not necessary that the conspirators formulated a formal agreement among themselves, or that they agreed on every detail of the conspiracy, or even that they met together. But the Commonwealth must prove that there was a joint plan among them. Regarding the second element, the Commonwealth must prove beyond a reasonable doubt that the purpose of the conspiracy was to either distribute, manufacture, or possess a controlled substance. For more details about the crimes of Possession with the Intent to Distribute a Controlled Substance, Distribution of a Controlled Substance, or Trafficking of a Controlled Substance, click the above links.  Regarding the third element, it does not matter whether the plan was successful or not, or whether any steps were taken to carry out the plan. 
 

If you have been charged with Conspiracy to Violate the Drug Laws, it is important to speak to an experienced drug crime lawyer as soon as possible.  For a free consultation, contact Attorney Thaler at 781-366-0806 or at mike@thaler.law.