Minors and Drugs

The Courts do not look the other way when a minor and drugs are involved. The two statutes in Massachusetts that address the situation when a minor and drugs are involved are (1) causing, inducing, or abetting a minor to distribute or sell controlled substances, under G.L. c. 94C, § 32K, and (2) unlawful distribution of controlled substances to minors, under G.L. c. 94C, § 32F.

Both of these sentences are felonies which carry minimum mandatory sentences which are severe and strictly enforced. If you have been arrested for a crime that involves minors, the role of your attorney becomes paramount to the impact that the arrest will have on your life. The importance of a skilled and aggressive Massachusetts Criminal Drug Attorney when charges involve minors cannot be emphasized enough.

According to the Massachusetts Appeals Court in Commonwealth v. Serrano-Ortiz, 52 Mass. App. Ct. 608 (2002), the reason why the legislature passed, G.L. c. 94C, § 32K, was to punish those who use minors as instruments in the drug trade and to prevent minors from being victimized by adults who would use them for their own criminal benefit. Additionally, the Court reasoned that for an abetting case, the prosecution must prove that (1) that the minor involved was under eighteen, (2) that the minor had distributed a controlled substance and (3) the defendant stood ready to assist the minor by an express or implied agreement. However, in a case involving causing or inducing a minor to sell drugs, there does not need to necessarily be a judicial instruction that the minor and the defendant had an agreement.

If a minor is involved in the distribution or sale of a controlled substance, or involved in a transaction in any way, the minimum mandatory sentence will be sentence of five (5) years in the state prison and a fine of $1,000. A judge can impose a sentence as high as fifteen (15) years in state prison, plus fines that can go as high as $100,000. Your first step must be contacting an experienced Massachusetts Criminal Drug Defense Lawyer to discuss your case. Call Stephen Neyman 617-263-6800 immediately or click here to send an email.

If you are arrested and convicted for manufacturing, distributing, dispensing, or possessing a Class A controlled substance (i.e. Heroin, Fentanyl, Opium, Morphine) to a person under the age of eighteen years, you will be sentenced to imprisonment in the state prison for not less than five (5) nor more than fifteen (15) years. No sentence will be less than a mandatory minimum term of imprisonment of five (5) years and a fine of not less than $1,000 nor more than $25,000.

An arrest and conviction for manufacturing, distributing, dispensing, or possessing a Class B controlled substance - cocaine - to a person under the age of eighteen years will lead to a term of imprisonment in the state prison for not less than five (5) nor more than fifteen (15) years. No sentence will be for less than a mandatory minimum term of imprisonment of five (5) years and a fine of not less than $1,000 nor more than $25,000.

If you are arrested and convicted for knowingly or intentionally manufacturing, distributing, dispensing or possession with the intent to distribute to minors a Class B controlled substance other than cocaine, to a person under the age of eighteen, you will be sentenced to a term of imprisonment in the state prison for not less than three (3) years nor more than fifteen (15) years. The minimum mandatory sentences for a Class B substances other than cocaine, shall be for a term of imprisonment for three (3) years and a find of at least $1,000 but not more than $25,000.

An arrest and conviction for manufacturing, distributing, dispensing, or possessing a Class C controlled substance – anti-depressants and other drugs - to a person under the age of eighteen years will lead to a term of imprisonment in the state prison for not less than two and a half (2 ½) years nor more than fifteen (15) years. No sentence will be for less than a mandatory minimum term of imprisonment of two (2) years and a fine of not less than $1,000 nor more than $25,000.

When the sentences are mandatory, the quality of your legal representation is critical. The importance of a skilled and aggressive Drug Offense Attorney in Boston with over twenty five years of experience when charges involved minors cannot be emphasized enough. If you or someone you love has been arrested for drug crimes involving a minor, it is vital that you contact a Criminal Drug Lawyer immediately. Stephen Neyman has successfully represented clients charged with for drug crimes involving a minor and won acquittals, had charges reduced, or dismissed because of lack of due process. Call 617-263-6800 immediately or click here to send an email.