Distribution of a Controlled Substance (Class A, B, C, D, or E)

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The charge of Distribution of a Controlled Substance is governed by Massachusetts General Laws Chapter 94C, Sections 32 – 32D.  As stated in the Criminal Model Jury Instructions, the Commonwealth must prove three elements to sustain its burden for the charge of Distribution of a Class A (such as heroin, fentanyl, or morphine), Class B (such as cocaine), Class C (such as klonopin), Class D (such as marijuana), or Class E (such as prescription pills not covered in the other classes) substance:

 

1. That the substance in question was a controlled substance;

2. That the defendant distributed some perceptible amount of that substance; and

3. That the defendant did so knowingly or intentionally.   

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The crime of Distribution of a Controlled Substance covers not only the sale of a controlled substance but also other defined conduct.  To “distribute” means to transfer or deliver, or to assist or participate in the transfer or delivery, of a controlled substance to another person.  Thus, the Commonwealth is not actually required to prove that any money or other compensation was involved for it to be considered a crime.
 

If you have been charged with Distribution of a Controlled Substance, 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.