Possession of a Controlled Substance under Massachusetts General Law Chapter 94C §34

Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.

The Massachusetts Legislature defines Possession of a Controlled Substance under Massachusetts General Law Chapter 94C §34 as follows:

Section 34. No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter or as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years. Any person who violates this section by possession of more than one ounce of marihuana or a controlled substance in Class E of section thirty-one shall be punished by imprisonment in a house of correction for not more than six months or a fine of five hundred dollars, or both. Except for an offense involving a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both.

If any person who is charged with a violation of this section has not previously been convicted of a violation of any provision of this chapter or other provision of prior law relative to narcotic drugs or harmful drugs as defined in said prior law, or of a felony under the laws of any state or of the United States relating to such drugs, has had his case continued without a finding to a certain date, or has been convicted and placed on probation, and if, during the period of said continuance or of said probation, such person does not violate any of the conditions of said continuance or said probation, then upon the expiration of such period the court may dismiss the proceedings against him, and may order sealed all official records relating to his arrest, indictment, conviction, probation, continuance or discharge pursuant to this section; provided, however, that departmental records which are not public records, maintained by police and other law enforcement agencies, shall not be sealed; and provided further, that such a record shall be maintained in a separate file by the department of probation solely for the purpose of use by the courts in determining whether or not in subsequent proceedings such person qualifies under this section. The record maintained by the department of probation shall contain only identifying information concerning the person and a statement that he has had his record sealed pursuant to the provisions of this section. Any conviction, the record of which has been sealed under this section, shall not be deemed a conviction for purposes of any disqualification or for any other purpose. No person as to whom such sealing has been ordered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, indictment, conviction, dismissal, continuance, sealing, or any other related court proceeding, in response to any inquiry made of him for any purpose.

Notwithstanding any other penalty provision of this section, any person who is convicted for the first time under this section for the possession of marihuana or a controlled substance in Class E and who has not previously been convicted of any offense pursuant to the provisions of this chapter, or any provision of prior law relating to narcotic drugs or harmful drugs as defined in said prior law shall be placed on probation unless such person does not consent thereto, or unless the court files a written memorandum stating the reasons for not so doing. Upon successful completion of said probation, the case shall be dismissed and records shall be sealed.

It shall be a prima facie defense to a charge of possession of marihuana under this section that the defendant is a patient certified to participate in a therapeutic research program described in chapter ninety-four D, and possessed the marihuana for personal use pursuant to such program.

Notwithstanding any general or special law to the contrary, a laboratory may possess, store, analyze, process and test medical marijuana and medical marijuana-infused products; provided, however, that such laboratory shall do so in accordance with the department’s regulations and written guidelines governing procedures for quality control and testing of products for potential contaminants.

Section 31. For the purposes of establishing criminal penalties for violation of a provision of this chapter, there are established the following five classes of controlled substances:

CLASS A

(a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

(1) Acetylmethadol

(2) Allylprodine

(3) Alphacetylmethadol

(4) Alphameprodine

(5) Alphamethadol

(6) Benzethidine

(7) Betacetylmethadol

(8) Betameprodine

(9) Betamethadol

(10) Betaprodine

(11) Clonitazene

(12) Dextromoramide

(13) Dextrorphan

(14) Diampromide

(15) Diethylthiambutene

(16) Dimenoxadol

(17) Dimepheptanol

(18) Dimethylthiambutene

(19) Dioxaphetylbutyrate

(20) Dipipanone

(21) Ethylmethylthiambutene

(22) Etonitazene

(23) Etoxeridine

(24) Furethidine

(25) Hydroxypethidine

(26) Ketobemidone

(27) Levomoramide

(28) Levophenacylmorphan

(29) Morpheridine

(30) Noracymethadol

(31) Norlevorphanol

(32) Normethadone

(33) Norpipanone

(34) Phenadoxone

(35) Phenampromide

(36) Phenomorphan

(37) Phenoperidine

(38) Piritramide

(39) Proheptazine

(40) Properidine

(41) Racemoramide

(42) Trimeperidine

(b) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine

(2) Acetyldihydrocodeine

(3) Benzylmorphine

(4) Codeine methylbromide

(5) Codeine–N–Oxide

(6) Cyprenorphine

(7) Desomorphine

(8) Dihydromorphine

(9) Etorphine

(10) Heroin

(11) Hydromorphinol

(12) Methyldesorphine

(13) Methylhydromorphine

(14) Morphine methylbromide

(15) Morphine methylsulfonate

(16) Morphine–N–Oxide

(17) Myrophine

(18) Nicocodeine

(19) Nicomorphine

(20) Normorphine

(21) Pholcodine

(22) Thebacon

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations:

(1) Flunitrazepam

(2) Gamma Hydroxy Butyric Acid

(3) Ketamine.

[Paragraph (d) of Class A applicable as provided by 2018, 69, Sec. 237.]

(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations:

(1) Acetyl Fentanyl

(2) Carfentanil

(3) Fentanyl

(4) Cyclopropyl fentanyl

(5) Furanyl fentanyl

(6) 3–methylfentanyl

(7) 3,4–Dichloro–N–[2–(dimethylamino)cyclohexyl]–N–methylbenzamide

(8) Any synthetic opioid controlled in Schedule I of 21 C.F.R. 1308.11 or Schedule II of 21 C.F.R. 1308.12, unless specifically excepted or unless listed in another class in this section.

CLASS B

(a) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate

(2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) except that these substances shall not include the isoquinoline alkaloids of opium

(3) Opium poppy and poppy straw

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

(5) Phenyl–2–Propanone (P2P)

(6) Phenylcyclohexylamine (PCH)

(7) Piperidinocyclohexanecarbonitrile (PCC)

(8) 3,4–methylenedioxy methamphetamine (MDMA).

(b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including isomers, esters, ethers, salts, and salts of isomer, esters, and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

[Clauses (1) to (20) of paragraph (b) of Class B applicable as provided by 2018, 69, Sec. 237.]

(1) Alphaprodine

(2) Anileridine

(3) Bezitramide

(4) Dihydrocodeine

(5) Diphenoxylate

(6) Isomethadone

(7) Levomethorphan

(8) Levorphanol

(9) Metazocine

(10) Methadone

(11) Methadone–Intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl butane

(12) Moramide–Intermediate, 2–methyl–3 morpholine–1, 1–diphenyl–propane carboxylic acid

(13) Pethidine

(14) Pethidine–Intermediate–A, 4–cyano–1–methyl–4–phenylpiperidine

(15) Pethidine–Intermediate–B, ethyl–4–phenylpiperidine–4–carboxylate

(16) Pethidine–Intermediate–C, 1–methyl–4–phenylpiperidine–4–carboxylic acid

(17) Phenazocine

(18) Piminodine

(19) Racemethorphan

(20) Racemorphan

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers and salts of its optical isomers.

(2) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers.

(3) Phenmetrazine and its salts.

(4) Methylphenidate.

(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid.

(2) Any substance which contains any quantity of methaqualone, or any salt or derivative of methaqualone.

(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Lysergic acid

(2) Lysergic acid amide

(3) Lysergic acid diethylamide

(4) Phencyclidine.

CLASS C

(a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

(1) Chlordiazepoxide

(2) Chlorhexadol

(3) Clonazepam

(4) Clorazepate

(5) Diazepam

(6) Flurazepam

(7) Glutethimide

(8) Lorazepam

(9) Methyprylon

(10) Oxazepam

(11) Prazepam

(12) Sulfondiethylmethane

(13) Sulfonethylmethane

(14) Sulfonmethane

(15) Temazepam.

(b) Nalorphine

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.

(2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

[There is no paragraph (d).]

(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) 3, 4–methylenedioxy amphetamine

(2) 5–methoxy–3, 4–methylenedioxy amphetamine

(3) 3, 4, 5–trimethoxy amphetamine

(4) Bufotenine

(5) Diethyltryptamine

(6) Dimethyltryptamine

(7) 4–methyl–2, 5–dimethoxyamphetamine

(8) Ibogaine

(9) Mescaline

(10) Peyote

(11) N–ethyl–3–piperidyl benzilate

(12) N–methyl–3–piperidyl benzilate

(13) Psilocybin

(14) Psilocyn

(15) Tetrahydrocannabinols

(16) 4–Bromo–2, 5–Dimethoxy-amphetamine.

(17) 3, 4—methylenedioxymethcathinone, MDMC

(18) 3, 4—methylenedioxypyrovalerone, MDPV

(19) 4—methylmethcathinone, 4–MMC

(20) 4—methoxymethcathinone, bk–PMMA, PMMC

(21) 3, 4—fluoromethcathinone, FMC

(22) Napthylpyrovalerone, NRG–1

(23) Beta-keto–N–methylbenzodioxolylpropylamine

(24) 2–(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone

(25) 3–methoxymethcathinone

(26) 4–methyl-alpha-pyrrolidinobutyrophenone

(27) 2–(methylamino)–1–phenylpropan–1–one

(28) 4–ethylmethcathinone

(29) 3,4–Dimethylmethcathinone

(30) alpha–Pyrrolidinopentiophenone

(31) beta–Keto–Ethylbenzodioxolylbutanamine

(32) 3,4–methylenedioxy–N–ethylcathinone.

(f) Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation, which contains any quantity of the following hallucinogenic substances or cannabimimetic agents within the structural classes identified below:

(1) 2–(3–hydroxycyclohexyl) phenol with substitution at the 5–position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;

(2) 3–(1–naphthoyl) indole or 3–(1–naphthyl) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;

(3) 3–(1–naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;

(4) 1–(1–naphthylmethyl) indene by substitution of the 3–position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;

(5) 3–phenylacetylindole or 3–benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent;

(6) 5–(1,1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–47,497);

(7) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (cannabicyclohexanol or CP–47,497 C8–homolog);

(8) 1–pentyl–3–(1–naphthoyl) indole (JWH–018 and AM678);

(9) 1–butyl–3–(1–naphthoyl) indole (JWH–073);

(10) 1–hexyl–3–(1–naphthoyl) indole (JWH–019);

(11) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl) indole (JWH–200);

(12) 1–pentyl–3–(2–methoxyphenylacetyl) indole (JWH–250);

(13) 1–pentyl–3–[1–(4–methoxynaphthoyl)] indole (JWH–081);

(14) 1–pentyl–3–(4–methyl–1–naphthoyl) indole (JWH–122);

(15) 1–pentyl–3–(4–chloro–1–naphthoyl) indole (JWH–398);

(16) 1–(5–fluoropentyl)–3–(1–naphthoyl) indole (AM2201);

(17) 1–(5–fluoropentyl)–3–(2–iodobenzoyl) indole (AM694);

(18) 1–pentyl–3–[(4–methoxy)–benzoyl] indole (SR–19 and RCS–4);

(19) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl) indole (SR–18 and RCS–8); and

(20) 1–pentyl–3–(2–chlorophenylacetyl) indole (JWH–203).

CLASS D

(a)

(1) Barbital

(2) Chloral betaine

(3) Chloral hydrate

(4) Ethchlorvynol

(5) Ethinamate

(6) Methohexital

(7) Meprobamate

(8) Methylphenobarbital

(9) Paraldehyde

(10) Petrichloral

(11) Phenobarbital

(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Marihuana

(2) Butyl Nitrite

(3) Isobutyl Nitrite

(4) 1–Nitrosoxy–Methyl–Propane.

CLASS E

(a) Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams

(b) Prescription drugs other than those included in Classes A, B, C, D, and subsection (a) of this Class.

The model jury instructions for use in the District Court requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:

First: That the substance in question was a controlled

substance, namely _________________ ;

Second: That the defendant possessed some perceptible

amount of that substance;

Third: That the defendant did so knowingly or intentionally.

To prove the first element, the Commonwealth must prove beyond a reasonable doubt that the substance was _________. I instruct you as a matter of law that our statutes define ________ as a controlled substance. In determining whether the substance in question was in fact _________, you may consider any relevant evidence presented.

To prove the second element, the Commonwealth must prove beyond a reasonable doubt that the defendant possessed some perceptible amount of the controlled substance, A person possesses something when they have direct physical control or custody of it at a given time (or when they have constructive possession of it). To prove the third element, the Commonwealth must prove beyond a reasonable doubt that the defendant possessed the controlled substance knowingly or intentionally.

In other words, the defendant must have acted consciously, voluntarily and purposely, and not because of ignorance, mistake or accident. This means that the Commonwealth must prove beyond a reasonable doubt that the defendant knew they possessed a controlled substance. However, it is not required to prove that they knew which particular controlled substance it was. We often must decide from the actions of others what they knew or what they intended. You are to decide what the defendant knew or intended from the evidence, together with any reasonable inferences that you choose to draw from it. We often must decide from the actions of others what they knew or what they intended. You are to decide what the defendant knew or intended from the evidence, together with any reasonable inferences that you choose to draw from it.

CLASS A

(1) Acetylmethadol

(2) Allylprodine

(3) Alphacetylmethadol

(4) Alphameprodine

(5) Alphamethadol

(6) Benzethidine

(7) Betacetylmethadol

(8) Betameprodine

(9) Betamethadol

(10) Betaprodine

(11) Clonitazene

(12) Dextromoramide

(13) Dextrorphan

(14) Diampromide

(15) Diethylthiambutene

(16) Dimenoxadol

(17) Dimepheptanol

(18) Dimethylthiambutene

(19) Dioxaphetylbutyrate

(20) Dipipanone

(21) Ethylmethylthiambutene

(22) Etonitazene

(23) Etoxeridine

(24) Furethidine

(25) Hydroxypethidine

(26) Ketobemidone

(27) Levomoramide

(28) Levophenacylmorphan

(29) Morpheridine

(30) Noracymethadol

(31) Norlevorphanol

(32) Normethadone

(33) Norpipanone

(34) Phenadoxone

(35) Phenampromide

(36) Phenomorphan

(37) Phenoperidine

(38) Piritramide

(39) Proheptazine

(40) Properidine

(41) Racemoramide

(42) Trimeperidine

(1) Acetorphine

(2) Acetyldihydrocodeine

(3) Benzylmorphine

(4) Codeine methylbromide

(5) Codeine–N–Oxide

(6) Cyprenorphine

(7) Desomorphine

(8) Dihydromorphine

(9) Etorphine

(10) Heroin

(11) Hydromorphinol

(12) Methyldesorphine

(13) Methylhydromorphine

(14) Morphine methylbromide

(15) Morphine methylsulfonate

(16) Morphine–N–Oxide

(17) Myrophine

(18) Nicocodeine

(19) Nicomorphine

(20) Normorphine

(21) Pholcodine

(22) Thebacon

(1) Flunitrazepam

(2) Gamma Hydroxy Butyric Acid

(3) Ketamine.

[Paragraph (d) of Class A applicable as provided by 2018, 69, Sec. 237.]

(1) Acetyl Fentanyl

(2) Carfentanil

(3) Fentanyl

(4) Cyclopropyl fentanyl

(5) Furanyl fentanyl

(6) 3–methylfentanyl

(7) 3,4–Dichloro–N–[2–(dimethylamino)cyclohexyl]–N–methylbenzamide

(8) Any synthetic opioid controlled in Schedule I of 21 C.F.R. 1308.11 or Schedule II of 21 C.F.R. 1308.12, unless specifically excepted or unless listed in another class in this section.

CLASS B

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate

(3) Opium poppy and poppy straw

(5) Phenyl–2–Propanone (P2P)

(6) Phenylcyclohexylamine (PCH)

(7) Piperidinocyclohexanecarbonitrile (PCC)

(8) 3,4–methylenedioxy methamphetamine (MDMA).

[Clauses (1) to (20) of paragraph (b) of Class B applicable as provided by 2018, 69, Sec. 237.]

(1) Alphaprodine

(2) Anileridine

(3) Bezitramide

(4) Dihydrocodeine

(5) Diphenoxylate

(6) Isomethadone

(7) Levomethorphan

(8) Levorphanol

(9) Metazocine

(10) Methadone

(11) Methadone–Intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl butane

(12) Moramide–Intermediate, 2–methyl–3 morpholine–1, 1–diphenyl–propane carboxylic acid

(13) Pethidine

(14) Pethidine–Intermediate–A, 4–cyano–1–methyl–4–phenylpiperidine

(15) Pethidine–Intermediate–B, ethyl–4–phenylpiperidine–4–carboxylate

(16) Pethidine–Intermediate–C, 1–methyl–4–phenylpiperidine–4–carboxylic acid

(17) Phenazocine

(18) Piminodine

(19) Racemethorphan

(20) Racemorphan

(1) Amphetamine, its salts, optical isomers and salts of its optical isomers.

(2) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers.

(3) Phenmetrazine and its salts.

(4) Methylphenidate.

(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid.

(2) Any substance which contains any quantity of methaqualone, or any salt or derivative of methaqualone.

(1) Lysergic acid

(2) Lysergic acid amide

(3) Lysergic acid diethylamide

(4) Phencyclidine.

CLASS C

(1) Chlordiazepoxide

(2) Chlorhexadol

(3) Clonazepam

(4) Clorazepate

(5) Diazepam

(6) Flurazepam

(7) Glutethimide

(8) Lorazepam

(9) Methyprylon

(10) Oxazepam

(11) Prazepam

(12) Sulfondiethylmethane

(13) Sulfonethylmethane

(14) Sulfonmethane

(15) Temazepam.

(b) Nalorphine

(1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.

(2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

[There is no paragraph (d).]

(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) 3, 4–methylenedioxy amphetamine

(2) 5–methoxy–3, 4–methylenedioxy amphetamine

(3) 3, 4, 5–trimethoxy amphetamine

(4) Bufotenine

(5) Diethyltryptamine

(6) Dimethyltryptamine

(7) 4–methyl–2, 5–dimethoxyamphetamine

(8) Ibogaine

(9) Mescaline

(10) Peyote

(11) N–ethyl–3–piperidyl benzilate

(12) N–methyl–3–piperidyl benzilate

(13) Psilocybin

(14) Psilocyn

(15) Tetrahydrocannabinols

(16) 4–Bromo–2, 5–Dimethoxy-amphetamine.

(17) 3, 4—methylenedioxymethcathinone, MDMC

(18) 3, 4—methylenedioxypyrovalerone, MDPV

(19) 4—methylmethcathinone, 4–MMC

(20) 4—methoxymethcathinone, bk–PMMA, PMMC

(21) 3, 4—fluoromethcathinone, FMC

(22) Napthylpyrovalerone, NRG–1

(23) Beta-keto–N–methylbenzodioxolylpropylamine

(24) 2–(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone

(25) 3–methoxymethcathinone

(26) 4–methyl-alpha-pyrrolidinobutyrophenone

(27) 2–(methylamino)–1–phenylpropan–1–one

(28) 4–ethylmethcathinone

(29) 3,4–Dimethylmethcathinone

(30) alpha–Pyrrolidinopentiophenone

(31) beta–Keto–Ethylbenzodioxolylbutanamine

(32) 3,4–methylenedioxy–N–ethylcathinone.

(1) 2–(3–hydroxycyclohexyl) phenol with substitution at the 5–position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;

(6) 5–(1,1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–47,497);

(7) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (cannabicyclohexanol or CP–47,497 C8–homolog);

(8) 1–pentyl–3–(1–naphthoyl) indole (JWH–018 and AM678);

(9) 1–butyl–3–(1–naphthoyl) indole (JWH–073);

(10) 1–hexyl–3–(1–naphthoyl) indole (JWH–019);

(11) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl) indole (JWH–200);

(12) 1–pentyl–3–(2–methoxyphenylacetyl) indole (JWH–250);

(13) 1–pentyl–3–[1–(4–methoxynaphthoyl)] indole (JWH–081);

(14) 1–pentyl–3–(4–methyl–1–naphthoyl) indole (JWH–122);

(15) 1–pentyl–3–(4–chloro–1–naphthoyl) indole (JWH–398);

(16) 1–(5–fluoropentyl)–3–(1–naphthoyl) indole (AM2201);

(17) 1–(5–fluoropentyl)–3–(2–iodobenzoyl) indole (AM694);

(18) 1–pentyl–3–[(4–methoxy)–benzoyl] indole (SR–19 and RCS–4);

(19) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl) indole (SR–18 and RCS–8); and

(20) 1–pentyl–3–(2–chlorophenylacetyl) indole (JWH–203).

CLASS D

(a)

(1) Barbital

(2) Chloral betaine

(3) Chloral hydrate

(4) Ethchlorvynol

(5) Ethinamate

(6) Methohexital

(7) Meprobamate

(8) Methylphenobarbital

(9) Paraldehyde

(10) Petrichloral

(11) Phenobarbital

(1) Butyl Nitrite

(2) Isobutyl Nitrite

(3) 1–Nitrosoxy–Methyl–Propane.

CLASS E

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams

(b) Prescription drugs other than those included in Classes A, B, C, D, and subsection (a) of this Class.

If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.

POSSESSION OF MARIJUANA

First: That the substance in question (was marijuana) (was marijuana concentrate) (were marijuana plants);

Second: That the substance: [if marijuana] (weighed more than two ounces and was not within the defendant’s primary residence);1 (weighed more than ten ounces);2 [if marijuana concentrate] (weighed more than five grams)3; [if marijuana plants] (consisted of more than 12 marijuana plants)4 and

Third: That the defendant knowingly or intentionally possessed (that marijuana) (that marijuana concentrate) (those marijuana plants);

In order to prove the first element, the Commonwealth must prove beyond a reasonable doubt that the substance (was marijuana) (was marijuana concentrate) (were marijuana plants). In determining whether the material in question (was marijuana) (was marijuana concentrate) (were marijuana plants), you may consider any relevant evidence that was presented.

In order to prove the second element, the Commonwealth must prove beyond a reasonable doubt the (weight of) (quantity of) (location of) the substance. Specifically, it must prove beyond a reasonable doubt that the substance: [>2 ounces] weighed more than two ounces and was not within the defendant’s primary residence.

weighed more than ten ounces (>10 ounces)

weighed more than five grams. (Concentrate)

consisted of more than 12 marijuana plants (Plants)

To prove the third element, the Commonwealth must prove beyond a reasonable doubt that the defendant possessed the (marijuana) (marijuana concentrate) (marijuana plants) knowingly or intentionally. A person possesses something when they have direct physical control or custody of it at a given time (or when they have constructive possession of it).

The defendant must also have knowingly or intentionally possessed the marijuana. In other words, the defendant must have acted consciously, voluntarily and purposely, and not because of ignorance, mistake or accident. We often must decide from the actions of others what they knew or what they intended. You are to decide what the defendant knew or intended from the evidence, together with any reasonable inferences that you choose to draw from it.

Possession with the Intent to Manufacture, Distribute Class A

Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.

Section 32. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars, or by both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance as defined by section thirty-one of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than 31/2 nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 31/2 years and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum 31/2 year term of imprisonment, as established herein.

(c) Any person serving a mandatory minimum sentence for violating any provision of this section shall be eligible for parole after serving one-half of the maximum term of the sentence if the sentence is to the house of correction, except that such person shall not be eligible for parole upon a finding of any 1 of the following aggravating circumstances:

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, or induced another participant to do so, during the commission of the offense;

(ii) the defendant engaged in a course of conduct whereby he directed the activities of another who committed any felony in violation of chapter 94C; or

(iii) the offense was committed during the commission or attempted commission of a violation of section 32F or section 32K of chapter 94C.

A condition of such parole may be enhanced supervision; provided, however, that such enhanced supervision may, at the discretion of the parole board, include, but shall not be limited to, the wearing of a global positioning satellite tracking device or any comparable device, which shall be administered by the board at all times for the length of the parole.

If you have been charged with this offense and need a trial attorney, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.

Possession with the Intent to Manufacture, Distribute Class B

Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.

Section 32A. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance in Class B of section 31 shall be punished by imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $1,000 nor more than $10,000, or both such fine and imprisonment.

(b) Any person convicted of violating this section after 1 or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section 31 under this or any other prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not more than 10 years, by a term of imprisonment in the state prison for not more than 10 years and by a fine of not less than $2,500 and not more than $25,000, or by a fine of not more than $25,000.

(c) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense phencyclidine or a controlled substance defined in clause (4) of paragraph (a) or in clause (2) of paragraph (c) of Class B of section 31 shall be punished by a term of imprisonment in the state prison for not more than 10 years, a term of imprisonment in the state prison for not more than 10 years and a fine of not less than $1,000 and not more than $10,000, by imprisonment in a jail or house of correction for not more than 21/2 years, by imprisonment in a jail or house of correction for not more than 21/2 years and a fine of not less than $1,000 and not more than $10,000, or by a fine of not more than $10,000.

(d) Any person convicted of violating the provisions of subsection (c) after 1 or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance, as defined in section 31 or of any offense of any other jurisdiction, either federal, state or territorial, which is the same as or necessarily includes, the elements of said offense, shall be punished by a term of imprisonment in the state prison for not more than 15 years, a term of imprisonment in the state prison for not more than 15 years and a fine of not less than $2,500 nor more than $25,000 or a fine of not more than $25,000.

Possession with the Intent to Manufacture, Distribute Class C

Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.

Section 32B. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of section 31 shall be imprisoned in state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $500 nor more than $5,000, or both such fine and imprisonment.

(b) Any person convicted of violating this section after 1 or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section 31 under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not more than 10 years, a term of imprisonment in the state prison for not more than 10 years and a fine of not less than $1,000 nor more than $10,000, a term of imprisonment in a jail or house of correction for not more than 21/2 years, a term of imprisonment in a jail or house of correction for not more than 21/2 years and a fine of not less than $1,000 nor more than $10,000, or a fine of not more than $10,000.

Possession with the Intent to Manufacture, Distribute Class D

Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.

Section 32C. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a controlled substance in Class D of section thirty-one shall be imprisoned in a jail or house of correction for not more than two years or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing, cultivating or possessing with intent to manufacture, distribute, dispense or cultivate a controlled substance as defined by section thirty-one under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or both such fine and imprisonment.

Possession with the Intent to Manufacture, Distribute Class E

Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.

Section 32D. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class E of section thirty-one shall be imprisoned in a jail or house of correction for not more than nine months, or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, or both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section thirty-one under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in a jail or house of correction for not more than one and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.

Law Office of Ryan R. Scambio, LLC.