Criminal Defense Attorney

Trafficking in Heroin – how much Heroin must be seized to constitute Trafficking?

In order to be charged with Trafficking Heroin in Massachusetts State Courts the amount at issue must weigh at least 18 grams. If the amount seized is less than 18 grams you may only be charged with Possession with Intent to Distribute. The Heroin “trafficking” statute is found at G.L. c. 94C, s. 32E(c). The Heroin “distribution” statute is found at G.L. c. 94C, s. 32.

There are various levels of trafficking. As the amount of Heroin increases, so do the penalties. 

The ranges of weight and the corresponding penalties are listed below:

18 grams of more, but less than 36 grams – State Prison for not less than 3.5 years, but not more than 30 years. An individual may not be paroled until after he or she has served at least 3.5 years.

36 grams or more, but less than 100 grams – State Prison for not less than 5 years, but not more than 30 years. An individual may not be paroled until after he or she has served at least 5 years.

100 grams or more, but less than 200 grams – State Prison for not less than 8 years, but not more than 30 years. An individual may not be paroled until after he or she has served at least 8 years.

200 grams or more – State Prison for not less than 12 years, but not more than 30 years. An individual may not be paroled until after he or she has served at least 12 years.

Note: the greater the weight the more likely you are to be charged in Federal Court. 

If you have been charged with Trafficking Heroin call Attorney Henry Fasoldt, an experienced drug trafficking lawyer.

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