CL Ch. 20 Narcotics Flashcards
Drug class of synthetic marijuana (K-2, spice)
Class C
Is visual inspection or price paid sufficient proof of the type of controlled substance?
No. Insufficient proof.
Theory of court- It could be counterfeit
“Internal possession” of marijuna applies to people under what age?
21.
Officers may weigh drugs on a scale, but the results will only be admissible if:
The scales accuracy has been tested against a known counterweight.
Being in the presence of drugs is not enough to prove possession. There must be presence, plus an additional factor to show Knowledge, Intent, and Control: Examples of recognized plus factors are: (10)
- Drugs in plain view
- Obvious smell of narcotics
- Air freshener in vehicle
- Incriminating statements
- Incriminating conduct linked to drugs
- Reaction to police presence
-Failure to stop
-Interference with police
-Implausible action and explanation - Large quantity discovered
- Paperwork/ personal possession found near drugs
- Exclusive or limited access to MV or building
- Rents, occupies, or spends significant time at dwelling
Classes of controlled substances: Categorized in five clases (A, B, C, D, E) according to their chemical composition and effect on the human body.
Also outlawed are (blank) -Chemically similar substances having the same stimulant, depressant, or hallucinogenic effects.
“analogues”
Ketamine drug class:
Class A
Oxycontin drug class:
Class B
PCP drug class:
Class B
Methamphetamine drug class:
Class B
MDMA (Ecstacy) drug class:
Class B
Mushrooms drug class
Class C
Bath Salts drug class:
Class C
Valium drug class:
Class C
Gabapentin drug class
Class E
Prescription drugs not listed in any other class: Drug class:
Class E
Possession of Class E cannot qualify as a subsequent offense, however:
Class E may be the basis of a subsequent offense if the suspect later possesses another class.
Note: Any class may serve as the foundation for a subsequent offense.
Smelling Substance with Toxic Vapor:
ROA:
Warrantless Arrest In Presence
Distribution is:
Any non-medical delivery of drugs.
True of false:
Delivering drugs is distribution even when no money is exchanged.
True.
Sharing drugs is distribution, except when: (2)
- The offenders obtain the drugs at the same time; or
- “socially share” marijuana
Note: arranging a sale is distribution
Is arranging a sale distribution?
Yes.
Distribution may involve an accomplice not present at the sale. This is known as:
Constructive Transfer
Possession with Intent to Distribute:
The most important factor- which may prove a defendants intent to distribute by itself- is?
The quantity of drugs.,
Note: There is no minimum quantity required to prove intent to distribute, where other signs of distribution exist.
What charge may apply to distributing drugs to a peron who dies from an overdose?
Involuntary manslaughter.
Distribution offenses:
Class A, B, and C:
ROA:
Felony.
Distribution offenses:
Class D and E:
ROA:
Warrantless Arrest on Probable Cause.
Drug Distribution:
Elements: (3)
- Suspect intentionally
- Manufactured, Distributed, or possessed with intent to distribute;
- A controlled substance
Note: There is no minimum quantity required to prove distribution
Trafficking- Minimum Amount:
Class D:
50 pounds (MM 1 year)
100-200 MM 2 yrs
2000-10000 MM 2.5 yrs
10000+ MM 8 yrs
Trafficking- Minimum Amount:
Class B
Cocaine or Meth:
18 grams. (mm 2yrs)
36-100 MM 3.5 yrs
100-200 MM 8 yrs
200+ MM 12 yrs
Trafficking- Minimum amount
Class A:
Heroin/other opioids
18 grams. (mm 3.5yrs)
36-100 MM 5 yrs
100-200 MM 8 yrs
200+ MM 12 yrs
Prescription medication may be identified by sight, if:
there is additional evidence.
Trafficking- Minimum Amount
Class A: Fentanyl:
10 grams or more
MM = 3.5 yrs
Is possession of drug paraphernalia a crime?
No.
When citizens of any age possess drug paraphernalia, without illegal residue, no criminal charge applies.
It is LEGAL to possess hypodermic needles and syringes without a prescription, however:
Only people 18 years or older may purchase hypodermic needles without a prescription.
Note: Programs distributing needles to minors for free does not violate.
Sale or possession with intent to sell drug paraphernalia:
ROA:
Buy 18 and over- Arrest in Presence
Buyer under 18- Felony
Counterfeit Substance:
ROA:
Warrantless arrest in PRESENCE
-Misdemeanor
Proper criminal charge for stealing a prescription pad:
No specific crime.
Officers must rely on general larceny laws.
Stealing controlled substance from authorized dispenser:
ROA:
Felony.
Note: Would be applicable to theft of evidence from police officer or evidence locker.
Fraudulently Obtaining a Controlled Substance: (aka “doctor shopping”)
ROA:
Felony
“Doctor shopping” relates to nondisclosure of material facts.
Conspiracy to Violate Drug Law:
A business arrangement is necessary, not:
A one-time buyer/seller transaction.
Note: Felony
Conspiracy to Violate Drug Law:
Venue:
Any county “In which an overt act is committed by any one of the conspirators, regardless of whether the defendant ever entered the county while the conspiracy was ongoing.”
Drug Free School Zone:
School: Distance and Times:
ROA:
300ft, 5am-midnight
Note: Public park or Playground:
Within 100 ft, no hour limitation
ROA: Felony
Good Samaritan Law: the person suffering from an overdose, and anyone who helps him get medical treatment, is immune from prosecution for:
drug possession.
Does not apply to other crimes that may occur during overdose situation: OUI, Trespass, Theft, Distributing/trafficking
Good Samaritan Law: does not distinguish between a call for medical aid from a citizen or a:
Police officer. (Pembroke case)
When evidence is gained because medical help is needed for a person experiencing an overdose, no arrest of charge for possession is permitted.
“Internal Possession” for person under 21, Marijuana:
ROA:
Civil citation only.
Smelling Substance with Toxic Vapor:
“ANY substance”
Elements:
Intentionally:
- Smell or inhaled the “fumes of ANY substance that… releases toxic vapors”
or
- Purchases a substance:
- For the purpose of causing a condition of intoxication…exhilaration..or dulled senses”
Medical clinicians might criminally distribute drugs-
Factors that may indicate a clinician lacked a legitimate medical purpose: (5)
- The clinician permits the patient to name the drug he desires
- The clinician expresses concern as to how a where a prescription will be filled- in a manner that does not indicate a good faith concern for his patient.
- Repeated refills are issued over relatively short periods of time.
- Failure to schedule appropriate appointments for follow-up care.
- Conversations about non-therapeutic use or drug enforcement that demonstrate the clinician knew the drugs would not be used for medical purposes.
Drug Distribution:
No money needs to be:
exchanged.
“non medical delivery of drugs”
ex. did you take the drugs out of you pocket and give them to your friend? Yes. Guilty.
Possession of Controlled Substances:
Elements:(3)
- Knowingly
- Possessed
- Without lawful reason
The suspect knowingly; Possessed some perceptible amount of a a controlled substance in any class, or more than 2 ounces of marijuana; and the suspect did not have a valid prescription or other legal basis.
Possession of Controlled Substances:
ROA:
Warrantless Arrest on Probable Cause.
To prove possession, the police must show the suspect (blank) narcotics were present, and had the (blank) and (blank) to (blank) them
Knew narcotics were present and had the Intention and ability to Control them.
Odor of substance insufficient, except for:
Marijuana.
A taste test- even when conducted by an experience user- is:
Insufficient.
Proving the type of Controlled Substance:
Laboratory Testing: this is conclusive provided that:
a laboratory analyst is available to testify at trial about the testing methods and particular findings.
Proving the type of Controlled Substance:
Field Testing: Officer who performed the field test must testify that:
he was trained to do it.
There are two types of possession:
- Direct possession
- Constructive Possession
Proof of Possession:
May possession be jointly shared?
Yes.
Multiple persons may directly or constructively possess drugs.
Is designing and creating labels for a drug dealers drug packages considered manufacturing?
Yes.
“labeling or relabeling”
The possession of packaged drugs and/or packaging materials is relevant. However, packaging is relevant only when:
it is more consistent with distribution that personal use.
Lack of personal use paraphernalia may indicate:
intent to distribute.
Intense effort to avoid police apprehension characterizes a:
dealer.
since mere users are unlikely to fear arrest to the point where they would flee or fight.
Police Expert Testimony:
Longstanding rule: Police investigators may provide expert analysis in drug cases. However, an expert may never directly comment on: (2)
- a defendant’s guilt (directly); or
- defendant’s physical appearance (ex. physical appearance did not look like a user, so he must be a dealer)
Distribution Offenses:
Only charge now in which there is a mandatory minimum:
Subsequent Offense in Class A
What is the definition of subsequent offense for drug distribution; possession with intent; manufacturing?
It is one or more prior convictions for distribution, possession with intent, manufacturing in Massachusetts or in another state or federal jurisdiction.
The previous conviction may involved ANY controlled substance.
Ex. earlier New York conviction for selling cocaine provided basis for Massachusetts conviction as a subsequent Class A heroin dealer.
