Massachusetts Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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FAQ
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 ...
The term ?distribute? means to deliver (other than by administering or dispensing) a controlled substance or a listed chemical. The term ?distributor? means a person who so delivers a controlled substance or a listed chemical. (12) The term ?drug? has the meaning given that term by section 321(g)(1) of this title. (13)
(1) The statute defines "distribute" as meaning "to deliver," 21 U.S.C. § 802(11), which in turn is defined as meaning "the actual constructive or attempted transfer of a controlled substance, whether or not there exists an agency relationship." § 802(8) (emphasis added).
These drugs have NO safe, accepted medical use in the United States. Some examples are heroin, marijuana, LSD, PCP, and crack cocaine.
Penalties for First Offense Drug Possession In the Commonwealth, knowingly of intentionally possessing a controlled substance carries a penalty of up to one (1) year imprisonment or up to a one thousand ($1,000) dollar fine of both. This includes Possession of Cocaine and various other illegal substances.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
Drug distribution is the crime of selling, drug manufacturing, delivering or importing illegal drugs or unlawful controlled substances, such as marijuana, heroin, methamphetamine or cocaine.
Controlled substances are medications that can cause physical and mental dependence. There are restrictions on how they can be filled and refilled. Controlled substances are regulated and classified by the DEA (Drug Enforcement Administration).
