Massachusetts Penalties for Selling Adderall and Ritalin
Selling so-called “study drugs” like Adderall and Ritalin is a serious crime for which the accused can face substantial penalties that include incarceration and large fines if convicted. Adderall and Ritalin are amphetamines which are Class B drugs under federal and state laws. Other Class B drugs include cocaine and “meth.”
Because Ritalin and Adderall share the same classification as other highly addictive and dangerous street drugs like cocaine and meth, prosecutors tend to take these types of offenses quite seriously.
A 2014 case received a lot of media attention when prosecutors in Colorado charged two college students with felony crimes for selling Adderall on campus. In fact, study drug offenses are rising nationwide and Massachusetts is also seeing an upswing in ‘smart pills’ usage, including a newer drug called Vyvanse.
The penalties for selling and distributing or even just possessing these drugs without a prescription are severe. There are often other consequences for students caught selling Ritalin or Adderall such as a loss of scholarship and grant monies, and expulsion from school.
Criminal Penalties in Massachusetts for Selling Adderall or Ritalin
Offenses include charges for selling, distributing, manufacturing, dispensing (giving away) or possessing with intent to manufacture, dispense or distribute a Class B controlled substance. All offenses will be charged as felonies.
For a First Offense:
- Punishable by up to 10 years in prison; Or
- Up to 2 ½ years in jail/house of correction; Or
- A minimum fine of $1,000 up to $10,000; Or
- Both fine and imprisonment.
For a Second or Subsequent Offense:
- Punishable by a mandatory minimum of 2 years’ incarceration;
- Up to 10 years imprisonment, plus
- A possible fine of at least $2,500
- Up to a maximum fine of $25,000.
Additional charges will be brought against an offender who is found guilty of selling to minors, and/or selling in a school zone or in or near a public park. These penalties must be served immediately after the sentence for the underlying offense has been served.
Additional Penalties for Selling or Dispensing to a Minor Under 18:
- Mandatory minimum of 3 years in prison,
- Up to 15 years in prison; plus
- A possible fine of from $1,000 to $25,000.
Clearly it is not very smart to deal in so-called “study drugs.” Unfortunately, many students with legitimate prescriptions see themselves as earning a few extra bucks while harmlessly helping their fellow students out with a powerful ‘study aid.’
Parents should talk with their adult children and ensure they understand that it’s illegal to sell or share their prescription drugs with others.
If you or a loved one have been accused or charged with a controlled substance crime, contact our office as soon as possible to go over all of your options such as strong defense strategies and negotiations for alternative sentencing.
Drug Possession in Massachusetts (drugs, possession)
Penalties for Class A Drug Possession (drugs, possession)
Driving Under the Influence of Prescription Medication (OUI drugs, DUID – OUID)