Massachusetts Jury Instruction - Possession
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595, 607 (1993) (constructive possession of controlled substance requires proof that defendant knew location of illegal drugs plus ability and intent to exert dominion and control).
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
?Possession with intent? or ?PWID? are used as shorthand for the full phrase ?possession with intent to distribute.? Possession with intent is a serious crime. It means the police believe you are in the drug business, and it comes with much heavier penalties than standard possession.
Possession with intent to distribute is a more serious charge than possession. It's defined as a person selling or offering to sell a controlled substance.
Possession refers to someone having drugs for personal use only. Intent to distribute refers to drug trafficking and the sale of drugs. While possession is typically a minor crime, it can cause a person to be charged with a felony, especially if the person is found in possession of large amounts of drugs.
In Massachusetts, distribution or possession with intent to distribute a controlled substance is a felony, if the substance is class A, B, or C. For distribution or intent to distribute a controlled substance class D or E, the charge is a misdemeanor, but the consequences can still be severe.
If one person alone has actual or constructive possession of a thing, possession is sole. If two or more persons share actual or constructive possession of a thing, their possession is joint.
Distribution or possession with intent to distribute class B- cocaine, crack or methamphetamine- in Massachusetts is a felony. Under MGL c. 94C s.