10 Pounds were shipped to the residence via USPS from a different state. Once package was signed for and brought into the residence the search warrant was executed. Further search of the residence revealed packaging materials and a digital scale.
Poss with intent to distribute marij. is a misdemeanor with a maximum penalty for a first offense of 2 years in jail. Mass. is an unusual state in that jail sentence of more than a year are classified as misdemeanors. The penalties are higher for a second offense. In federal court, this would be a felony. Given seizure by USPS, this could be a federal investigation. If so, the maximum penalty would be 5 years.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
It is a misdemeanor but not for the reason the Minnesota attorney gave. Its also punishable by up to 2 1/2 year in jail, not 2 years. Anything punishbale by a sentence of 2 1/2 years or less is a Misdemeanor. Everything else is a Felony
Misdemeanors are less serious crimes that are punishable by fine, penalty, forfeiture or incarceration for a brief period in a place that is not state or federal prison, i.e., jail or house of correction. Felonies are more serious crimes punishable by incarceration for more than a year in prison or by death. Massachusetts no longer has a death penalty.
M.G.L. c.94C, s.32A covers intent to distribute a controlled substance. Since it is possible to get a state prison sentence of not more than ten years, it is a felony. The fact that it is also possible to get a house of correction sentence of not more than 2 1/2 years is consistent with it being a felony.
Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.
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