Massachusetts Cop Forum banner

1 - 3 of 3 Posts

·
Subscribing Member
Joined
·
2,280 Posts
Discussion Starter · #1 ·
I was wondering if any 94C experts can help me with a case?
I caught a IV drug user shooting a narcotic (drug is unknown at this time) in on of our bathrooms at our beloved college. I charged the individual with possession of a Hypodermic Needle and Syringe and Possession of a Controled Substance Class B.
I also charged the individual with Drug Paraphernalia (the syringe and the spoon which had residue on it which was found on his person) I am wondering if anyone with 94C experience could tell me if they think this is a valid charge on the Drug Paraphernalia(94C 32C.)
 

·
Registered
Joined
·
14 Posts
I would charge this subject with possession of a hypodermic needle (94C-27(a) and possession of a class A substance (94C-34) to wit heroin (assuming the substance in the syringe was consistent with heroin). Remember, as long as the substance is consistent with a particular drug you can charge the suspect. It is not your job to authenticate the drug, its the DPH job. Just becareful though, because some of those people are carrying DMH cards authorizing them to lawfully possess a needle, but remember that drug inside of the needle is still unlawful to possess. As far as charging him under 94C-32I, this subject must possess drug paraphernalia with intent to sell, possess with intent to sell, or manufacture with intent to sell. If you are looking for a great resources about Massachusetts drug laws, I suggest purchasing "Trying Drug Cases in Massachusetts." This book is published by the Massachusetts Continuing Legal Education Center. They are located at 10 Winter Street in Boston. The book goes for about $125, but is worth every cent. You can also go on www.mcle.com and learn more about this book.
 
1 - 3 of 3 Posts
Top