Massachusetts Drug Possession

Possession of Cocaine, Heroin, Marijuana or Other Illegal Drug Without a Prescription

With any offense alleging possession of an illegal drug, like marijuana, cocaine or heroin or medication without a valid prescription, the Commonwealth must first prove that you possessed the illegal substance.

A drug possession charge is defended based on the following defenses:

• Lack of possession.
• Constitutional defenses to exclude and or suppress evidence
• Inability of the Commonwealth to prove the chemical composition of the substance.

Constitutional Defenses to Massachusetts Drug Crimes

Massachusetts drug defenses arising out of the Melendez-Diaz 6th Amendment Case:

Drug offenses in the Commonwealth of Massachusetts were made more difficult to prove by the United States Supreme Court’s decision in

Melendez–Diaz v. Massachusetts. In that case, the United States Supreme Court held that the Commonwealth of Massachusetts could not simply rely on an affidavit from a chemist stating that a substance is an illegal narcotic. Instead, the Commonwealth would have to call the chemist as a witness to testify regarding the laboratory analysis of the substance.

The Commonwealth will attempt to avoid the impact of this decision in some cases by trying to have the police officer testify that a substance is an illegal narcotic. The extent to which the police officer can testify as an expert as to the composition of a narcotic like marijuana, cocaine or heroin can be attacked by an experienced Massachusetts Criminal Defense Lawyer.

Contact (508) 455–4755 today to set up a free consultation with Massachusetts criminal defense lawyer Michael DelSignore!