Drug Laws in Massachusetts

Understanding the legal landscape surrounding drug use, possessions, and distribution of illicit substances is important for anyone seeking treatment for substance use disorders in Massachusetts. The Commonwealth has implemented various drug laws that are designed to reduce drug-related harm and protect public health, but navigating the legal system can be a daunting task.

This page will go over Massachusetts drug laws, penalties, diversion programs, and how to get help whether you are seeking help for yourself or a loved one struggling with dependence or addiction.

Drug Laws in Massachusetts

Massachusetts categorizes types of crimes into four main umbrellas: crimes against persons, crimes against society, crimes against property, and Group B. Drug-related offenses are considered crimes against society and are related to the possession, sale, manufacturing, and trafficking of illicit substances.

Drug laws in Massachusetts are particularly harsh concerning drug trafficking and sale to minors or near a school zone, but less severe for marijuana. Heroin possession laws are extremely strict and include a statute that if a person is even knowingly in a location where heroin is being kept, they can incur criminal charges of up to a year in prison and a fine of up to $1,000, even if that person didn’t ever have control over the drug. 

Individuals who are charged with first-time drug-related offenses that are not considered serious crimes, such as violent crimes, may be able to go through one of Massachusetts’s 27 adult or three juvenile drug courts for diversion into a treatment program instead of facing jail time. This is typically a probationary period requiring frequent check-ins with a judge and case manager and completion of a court-ordered addiction treatment program.

Some cities and counties in Massachusetts have drug diversion programs as well, such as the one run through Middlesex County District Attorney Marian Ryan, which allows individuals to receive addiction treatment services in collaboration with the local Lowell House as an Adult Diversions Alternative Program (ADAP). ADAPs aid people in getting addiction treatment help pre-arraignment instead of after being charged with a crime. 

Massachusetts Drug Offense Statistics

In Massachusetts, drug-related offenses — under the umbrella of crimes against society — were the fourth most common offense in 2021 according to the state’s Executive Office of Public Safety and Security. In 2021 there were 10,057 drug-related arrests, that included:

• Possession/concealing: 7235 arrests.
• Distribution/selling: 2780 arrests.
• Buying/receiving: 551 arrests.
• Using/consuming: 407 arrests.
• Transporting: 248 arrests.
• Cultivating/manufacturing: 51 arrests.

The type of substance included in the arrest varied. In 2021 drug possession charges at the time of arrest included:

• Narcotics (e.g., opium, heroin, cocaine): 8280 arrests.
• Marijuana/hashish: 1120 arrests.
• Stimulants: 682 arrests.
• Hallucinogens: 283 arrests.
• Depressants (e.g. barbiturates): 257 arrests.
• Unknown drug type: 235 arrests.
• Other stimulants: 109 arrests.
• “Other drugs”: 1333 arrests.

Massachusetts Drug Possession, Sale, and Trafficking Laws

Depending on the type of substance involved, Massachusetts drug laws can vary, as do the penalties for possession, use, and distribution.

Class A Controlled Substances

In Massachusetts, Class A drug laws refer to the most serious category of controlled substances and have a high potential for misuse and addiction. These include substances such as heroin, fentanyl and its derivatives, morphine, and GHB.

Penalties for Class A drug violations include:

Possession: up to 2 years in jail and/or a $2,000 fine.

• Subsequent possession: 2.5-5 years in jail and/or a $5,000 fine
• More than 14 grams is considered trafficking.

Sale: 2-10 years and/or a fine of $1,000-$10,000.

• Subsequent possession: 5-15 years in jail and/or a fine of $2,500-$25,000.
• Third possession: at least 40 years.
• Sale to minors and on or near school zones or grounds equals harsher penalties.

Trafficking:

• 14-28 grams: 5-20 years in prison and/or a fine of $5,000-$50,000.
• 28-100 grams: 7-20 years in prison and/or a fine of $5,000-$50,000.
• 100-200 grams: 10-20 years in prison and/or a fine of $10,000-$100,000.
• Over 200 grams: 15-20 years in prison.
• 10 grams or more of fentanyl: up to 20 years in prison.

Class B Controlled Substances

The commonwealth considered Class B substances to be a category of drug that have a lower potential for misuse and addiction than Class A, but still carry signifiant risk of harm. Class B substances include drugs such as: cocaine, crack, LSD, ecstasy (MDMA), OxyContin, and methamphetamine.

Penalties for Class B drug violations include:

Possession: 1 year in jail and/or a fine of up to $1,000.

• Subsequent possession: 2 years in jail and/or a fine of up to $2,000.
• Over 14 grams is considered trafficking.

Sale: 2-10 years in jail and/or a fine of $1,000-$10,000.

• Subsequent possession: 5-15 years in jail and/or a fine of $2,500-$25,000.

Trafficking

• 14-28 grams: 3-15 years in prison and/or a fine of $2,500-$25,000.
• 28-100 grams: 5- 20 years in prison and/or a fine of $5,000-$50,000.
• 100-200 grams: 10-20 years in prison and/or a fine of $10,000-$100,000.
• Over 200 grams: 15-20 years in prison and/or a fine of $50,000-$500,000.

Class C Controlled Substances

Class C drug laws refer to a category of controlled substances that have a lower potential for misuse addiction than either Class A or B drugs, but are still considered dangers and harmful. These include substances such as benzodiazepines, including Xanax and Valium, ketamine, and tramadol.

Penalties for Class C drug violations include:

• Possession: 1 year in jail and/or up to a $1,000 fine.
• Subsequent possession: up to 2 years in jail and a fine of up to $2,000.

Class D Controlled Substances

Class D controlled substances refer to a category of drugs that are considered to have a lower potential for misuse and addiction compared to Class A, B, and C drugs.  Class D drugs include substances such as more than one ounce of marijuana, inhalants, and barbiturates.

Penalties for Class D drug violations include:

• Possession: up to 6 months in jail and/or a fine of $500 and a mandatory 1-year lost license.
• First offense could be eligible for probation and sealed records upon completion of a court-mandated program.

Class E Controlled Substances

In Massachusetts, Class E drug laws refer to a category of controlled substances that are considered to have the lowest potential for misuse and addiction. Prescription drugs that are no classified under A, B, or C, such as certain sedatives, tranquilizers, and stimulants, are considered Class E drugs.

Penalties for Class E drug violations include:

• Possession: up to 6 months in jail and/or a fine of $500 and a mandatory 1-year lost license.
• First offense could be eligible for probation and sealed records upon completion of a court-mandated program.

Marijuana Laws and Decriminalization

Marijuana began being decriminalized on the state level in 2008 when penalties for possession of up to one ounce ceased being a criminal charge and instead resulted in civil penalties like fines, Boston.com publishes. In 2012, legislation took things one step further with the Medical Use of Marijuana Program, which legalized marijuana for medicinal purposes. Individuals could now apply for a special license or permit to obtain marijuana for medical use from one of 22 registered marijuana dispensaries (RMDs), Mass.gov reports.

• In 2016, marijuana was legalized for recreational use by adults aged 21 and older in Massachusetts. Adults of legal age can now possess up to one ounce of marijuana at a time in public, five grams of which can be in the form of marijuana concentrate, and up to 10 ounces in their private residences.
• Residents can also gift up to one ounce of the drug to another resident who is of legal age in Massachusetts; however, it is still illegal to buy and sell marijuana.
• Residents can grow marijuana in their homes in a secure or locked location that is not visible to the public eye.
• Residents of Massachusetts can grow up to six plants per person, not to exceed 12 plants in a household.

Is Weed Legal in Massachusetts?

In Massachusetts marijuana is legal for recreational and medicinal uses for individuals over 21 years of age. However, it is still illegal to possess, distribute, or sell more than one ounce of marijuana, or to cultivate marijuana plants without a license.

Laws Related to Opioids in the Commonwealth

Opioid addiction and overdose are public health concerns in the Commonwealth, and as such, there have been several forms of legislation enacted to address prevention and treatment of opioid use disorders and to assist people in access addiction rehabs and treatment.

Massachusetts’ Good Samaritan Law protects individuals who are experiencing an overdose and those that call 911 or emergency services from charge, prosecution, and conviction for possession or use of a controlled substance 

Individuals are also able to dispense the opioid overdose reversal drug Narcan (naloxone) with protection from civil liability under this law. Massachusetts also has a standing order that lets residents obtain and possess the opioid antagonist from local pharmacies without a prescription.

In 2016, An Act Relative to Substance Use, Treatment, and Education was one of the first laws in the United States mandating a seven-day limit on first-time opioid prescriptions. This legislative effort also includes:

• Mandated drug disposal sites, improved educational programs, and enhanced preventative measures.
• Schools must conduct verbal substance abuse screenings in at least two grades.
• High school athletes are to receive education on prescription drug misuse and its potential hazards.
• Prescribers are also required to report the dispensation of controlled substances to the Prescription Monitoring Program (PMP) within 24 hours, and healthcare providers are required to check with the PMP before dispensing Schedule II or III narcotics.
• Prescribers must also engage in continuing education regarding controlled prescription substances, their abuse, and effective pain management.
• Drug manufacturers in Massachusetts must participate in some form of a drug stewardship program or another program approved by the Massachusetts Department of Public Health (DPH). Patients must be presented with educational tools and non-opioid directives as well as an option to only partially fill an opioid prescription.
• After leaving an addiction treatment program, individuals are to be presented with information on FDA-approved medication management options that can be helpful during recovery.

Drug Addiction Rehab in Massachusetts

If you or a loved one is struggling with addiction, it’s important to know that you’re not alone. Seeking professional help is the first step towards recovery, and our drug rehab near Boston, MA can help support you on that journey.

Our experienced team of medical professionals and therapists provide personalized treatment plans that are tailored to your individual needs and circumstances, using a range of evidence-based addiction focused healthcare options.

To find out more about the different levels of care at our AdCare facilities, including outpatient drug treatment in New England or inpatient drug rehab in Massachusetts, contact our helpful and knowledgable admissions navigators at . They are on hand 24/7 to answer any of your questions, including how to pay for rehab, using your insurance for addiction treatment, and getting the admissions process started.