A Massachusetts drug distribution charge was brought against a Falmouth man after police arrested him with 43 pounds of marijuana mailed to a Pembroke home and addressed to the Pembroke Little League.
The Brockton Enterprise reported that police closed in Tuesday after the package was delivered and the man loaded it into a truck.
He was charged with intent to distribute and held by Pembroke police on $10,000 cash bail, pending an arraignment in Plymouth District Court.
In this case, a Massachusetts defense attorney experienced in handling drug cases in Plymouth District Court might challenge whether the defendant knew the package contained illegal narcotics.
A Massachusetts intent to distribute charge requires the Commonwealth to prove that a defendant not only possessed narcotics, but had the further intent to distribute. The state may well argue that the defendant was caught in the act of distributing by taking delivery of the package and attempting to move it, even if he never intended to sell the drugs on the street.
Other factors the state frequently uses in an attempt to prove a distribution charge include the amount of narcotics found on the individual, whether the individual has large amounts of money, or other items associated with drug distribution.
Whether or not the amount of marijuana delivered was intentional, it is interesting to note the Class D sentencing schedule for marijuana sale begins at 50 pounds, which would carry a minimum penalty of a year in prison and a maximum penalty of 15 years behind bars.
Police allege he arranged to have the marijuana dropped off at the Penbroke house by a package delivery company. However, police would not disclose the address of the house, how they knew the package would be arriving or the name of the delivery company.
Authorities also questioned whether the man was part of a larger drug operation.
"When you start talking about 43 pounds, that's an awful lot of marijuana for a particular area," police Lt. Mike Jenness told the Brockton Enterprise. "I don't believe it's a one-person, one-time shot."
Police said the 43 pounds of marijuana had a street value of more than $150,000.
Authorities said they were uncertain why the package was addressed to the little league and have determined that there is no little league organization in town.
Michael DelSignore is a skilled and experienced criminal trial lawyer in Massachusetts, defending cases of drug possession and distribution, assault and battery, OUI/DUI and other misdemeanor and felony offenses. Call for a free consultation at 508-455-4755 or send an email.
