Trafficking Marijuana - how much Marijuana must be seized to constitute "Trafficking"?

In order to be charged with Trafficking Marijuana in Massachusetts State Courts the amount at issue must be at least 50 pounds. If the amount seized is less than 50 pounds you may only be charged with Possession with Intent to Distribute. The Marijuana "trafficking" statute is found at G.L. c. 94C, s. 32E(a). The Marijuana "distribution" statute is found at G.L. c. 94C, s. 32C.

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

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

50 pounds or more, but less than 100 pounds - State Prison for not less than 2.5 years, but not more than 10 years; or House of Correction for not less than 1 year, but not more than 2.5 years. An individual may not be paroled until after he or she has served at least 1 year.

100 pounds or more, but less than 2000 pounds - State Prison for not less than 2 years, but not more than 15 years. An individual may not be paroled until after he or she has served at least 2 years.

2000 pounds or more, but less than 10,000 pounds - State Prison for not less than 3.5 years, but not more than 15 years. An individual may not be paroled until after he or she has served at least 3.5 years.

10,000 pounds or more - State Prison for not less than 8 years, but not more than 15 years. An individual may not be paroled until after he or she has served at least 8 years.

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

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

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