Differences Between State and Federal Drug Charges in Boston

Differences Between State and Federal Drug Charges in Boston

Dealing with drug charges can be scary and confusing, especially trying to understand the differences between state and federal laws. This article will break it down in simple terms to help you understand the key differences and potential penalties if you are facing drug charges in Boston.

Basic Differences

The main differences between Massachusetts state and federal drug laws are:

• Federal drug charges usually have more severe penalties and mandatory minimum sentences
• Federal drug laws cover interstate trafficking, state laws focus on local trafficking
• Federal drug charges can be brought even for marijuana, which is decriminalized in Massachusetts

Federal drug laws are set by the U.S. Congress and enforced nationwide by federal agencies like the DEA. Massachusetts state drug laws are set by the state legislature and enforced by state and local police.

Possession Charges

For personal possession charges, the penalties under Massachusetts state law will usually be lower than federal law:

• Possession of any drug in Massachusetts can lead to up to 1 year in prison and a $1000 fine for a first offense. Subsequent offenses can lead to up to 2.5 years in prison.
• Federal possession charges can lead to 1-3 years in prison for a first offense, depending on the drug. Subsequent federal possession charges can lead to up to 6 years in prison.

So while possession of a small amount of drugs for personal use can lead to fines and probation under Massachusetts law, federal charges will almost always lead to prison time.

Trafficking and Distribution Charges

The penalties get much harsher when it comes to drug trafficking and distribution charges:

• Under Massachusetts law, trafficking heroin or opium can lead to up to 20 years in prison. Trafficking other drugs like cocaine and methamphetamine can lead to up to 15 years.
• Federal trafficking charges can lead to mandatory minimums of 5-10 years in prison, depending on the drug and quantity. Subsequent offenses can lead to up to life imprisonment.

Because federal drug laws are focused on interstate trafficking, you can face federal charges even if you are arrested by local police. This means the U.S. Attorney’s Office can choose to pursue harsher penalties under federal law.

Marijuana Charges

One major difference is that federal law still considers marijuana an illegal Schedule I drug, even though Massachusetts has legalized medical marijuana and decriminalized recreational use:

• Possession of under 1 oz of marijuana is a civil offense in Massachusetts, punishable only by a $100 fine.
• Under federal law, possession of any amount of marijuana can lead to up to 1 year in prison for a first offense and up to 2 years for subsequent offenses.

So while local police may let marijuana possession slide with a citation, federal authorities can still bring criminal charges under federal law.

Defenses Against Drug Charges

There are a variety of legal defenses that a skilled drug crimes attorney can use to fight state or federal drug charges, including:

• Illegal search and seizure – If the police did not have probable cause or a warrant, evidence may be suppressed
• Entrapment – When police improperly induced you to commit a crime you otherwise wouldn’t
• Lack of intent/knowledge – Prosecutors must prove you knowingly possessed or trafficked drugs
• Misidentification – Mistaken identity cases if drugs were found in someone else’s possession

An experienced Boston drug crimes lawyer like Patrick J. Murphy can analyze the details of your case and build the strongest defense strategy against state or federal drug charges.

Hiring a Boston Drug Crimes Lawyer

Due to the complexities between state and federal drug laws, it is critical to have an experienced Boston criminal defense attorney on your side if you are facing drug charges. They can advise you on the potential penalties and work to get charges reduced or dismissed through plea negotiations or at trial.

Don’t take chances with your future and speak with a lawyer immediately if you or a loved one has been arrested on drug charges in Boston. The right legal guidance can make all the difference in achieving the best possible outcome for your case.