What Counts as Drug Trafficking in Massachusetts?

Drug trafficking charges are among the most serious criminal offenses in Massachusetts. Unlike simple possession or even intent-to-distribute cases, trafficking allegations carry mandatory minimum prison sentences, aggressive prosecution, and long-term consequences that can permanently alter a person’s life.

If you or a loved one is facing drug trafficking charges in Brockton or anywhere in Massachusetts, understanding the law—and acting quickly—is essential.

What Counts as Drug Trafficking in Massachusetts?

In Massachusetts, drug trafficking is defined by weight, not proof of sales. Under G.L. c. 94C, a person can be charged with trafficking if they knowingly possess, distribute, or manufacture a controlled substance in an amount that meets or exceeds statutory thresholds.

Commonly charged substances include:

• Cocaine

• Heroin

• Fentanyl

• Oxycodone and other opioids

• Methamphetamine

• MDMA (Ecstasy)

Importantly, no actual sale is required. Possession of a qualifying weight alone can trigger trafficking charges.

Drug Trafficking Weight Thresholds and Penalties

Trafficking penalties escalate based on the alleged weight of the substance. While exact thresholds vary by drug, trafficking charges are generally broken into tiers such as:

• Lower-level trafficking (e.g., 18–36 grams)

• Mid-level trafficking (e.g., 36–100 grams)

• High-level trafficking (100 grams or more)

Each tier carries increasing mandatory minimum state prison sentences, often measured in years, not months.

Judges have very limited discretion. If convicted, the court must impose the mandatory minimum—even if the defendant has no prior record.

Why Drug Trafficking Charges Are Prosecuted So Aggressively

Trafficking cases often involve:

• Multi-agency investigations

• Confidential informants

• Controlled buys

• Wiretaps or recorded calls

• Search warrants for homes and vehicles

• Large-scale seizures of drugs, cash, or phones

The Commonwealth typically devotes substantial resources to these cases and builds them over time.

Common Defenses to Drug Trafficking Charges

Despite their seriousness, trafficking cases are far from unbeatable. Common defenses include:

1. Challenging the Weight of the Drugs

Laboratory testing must accurately determine both the identity and weight of the substance. Errors, contamination, or improper aggregation can reduce a trafficking case to a lesser offense.

2. Constructive Possession Failures

Many trafficking cases rely on constructive possession. If the Commonwealth cannot prove knowledge and control—especially in shared spaces—the charge may fail.

3. Illegal Searches and Seizures

Trafficking cases frequently hinge on evidence obtained through:

• Traffic stops

• Home searches

• Phone extractions

• Warrant affidavits relying on informants

If constitutional violations occurred, critical evidence can be suppressed.

4. Informant Credibility Issues

Confidential informants often face their own charges and have strong incentives to exaggerate or fabricate. Their credibility is a frequent weak point.

5. Intent and Knowledge

The Commonwealth must still prove knowing possession. Innocent explanations, lack of admissions, or third-party access can create reasonable doubt.

Drug Trafficking vs. Intent to Distribute

Trafficking differs from possession with intent to distribute in one crucial way: weight triggers the charge.

Intent to distribute focuses on conduct and circumstances. Trafficking focuses on quantity—sometimes regardless of context.

Reducing a trafficking charge below the statutory weight threshold can eliminate mandatory minimum exposure entirely.

What to Do Immediately After a Trafficking Arrest

If you are arrested for drug trafficking in Massachusetts:

• Do not speak to police without a lawyer

• Do not attempt to explain, justify, or cooperate

• Preserve all communications and records

• Avoid discussing the case with anyone but counsel

• Retain an experienced drug trafficking defense attorney immediately

Early defense work often determines the outcome.

Why Local Experience Matters in Brockton Trafficking Cases

Drug trafficking cases in Brockton often involve:

• Specialized narcotics units

• State Police task forces

• Search warrant litigation in Superior Court

• Mandatory minimum sentencing exposure

At Benzaken, Sheehan & Wood, LLP, we approach trafficking cases with exhaustive preparation, constitutional focus, and trial-level seriousness from day one.

Frequently Asked Questions About Drug Trafficking in Massachusetts

Do trafficking charges always mean state prison?

If convicted, yes—mandatory minimum sentences apply. Avoiding conviction or reducing the charge is critical.

Is Drug Court available for trafficking cases?

Generally no. Trafficking charges are typically excluded.

Can trafficking charges be reduced?

Yes. Successful challenges to weight, possession, or searches can lead to reductions or dismissals.

What if the drugs weren’t mine?

Ownership is not required, but the Commonwealth must prove knowledge and control.

Are first-time offenders treated differently?

Mandatory minimums apply regardless of prior record—making defense strategy even more important.

Take Action Now

Drug trafficking charges demand immediate, serious defense. The stakes could not be higher.

📞 Call Benzaken, Sheehan & Wood, LLP at (508) 897-0001 to speak with a Brockton criminal defense attorney experienced in defending Massachusetts drug trafficking cases.

When your freedom is on the line, preparation and constitutional defense matter.