Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1800 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3724 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1800
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Erika Uyterhoeven
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act restoring judicial discretion in controlled substance cases.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Erika Uyterhoeven27th Middlesex1/20/2023Lindsay N. Sabadosa1st Hampshire2/10/2023Danillo A. Sena37th Middlesex2/16/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3724 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1800
18	18	By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No.
19	19	1800) of Erika Uyterhoeven, Lindsay N. Sabadosa and Danillo A. Sena for legislation to restore
20	20	judicial discretion in controlled substance cases. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act restoring judicial discretion in controlled substance cases.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 1. Whereas, the deferred operation of this act would tend to defeat its purpose, which is to
30	30	2forthwith make certain changes in laws relative to the administration of justice in the
31	31	3Commonwealth, to permit fair sentencing of non-violent drug offenders, to reduce the rate of
32	32	4incarceration in the Commonwealth occasioned, in large part, by minimum mandatory drug laws,
33	33	5to prevent the application of equally severe penalties for both the more and the less culpable
34	34	6offenders, and to eliminate the disproportionate impact minimum mandatory drug laws have on
35	35	7minority communities, therefore, it is hereby declared to be an emergency law, retroactive in
36	36	8application, as necessary for the immediate preservation of the public convenience.
37	37	9 2. Be it enacted by the Senate and House of Representatives in General Court assembled,
38	38	10and by the authority of the same, as follows:
39	39	11 a) Section 32 of General Law Chapter 94C, as appearing in the 2020 Official Edition is
40	40	12hereby amended as follows: 2 of 4
41	41	13 i. Paragraph (b) shall be stricken and replaced with the following: Any person convicted
42	42	14of violating this section after one or more prior convictions of manufacturing, distributing,
43	43	15dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled
44	44	16substance as defined by section thirty–one of this chapter under this or any prior law of this
45	45	17jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the
46	46	18same as or necessarily includes the elements of said offense shall be punished by a term of
47	47	19imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or
48	48	20house of correction for not more than two and one–half years, or a fine of not less than two
49	49	21thousand and five hundred nor more than twenty–five thousand dollars, or by both such fine and
50	50	22imprisonment.
51	51	23 ii. Paragraph (c) and its subparagraphs shall be stricken.
52	52	24 b) Section 32E of General Law Chapter 94C, as appearing in the 2020 Official Edition is
53	53	25hereby amended as follows:
54	54	26 i. Paragraph (a) and its subparagraphs shall be stricken and replaced with the following:
55	55	27(a) Any person who trafficks in marijuana by knowingly or intentionally manufacturing,
56	56	28distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute,
57	57	29dispense, or cultivate, or by bringing into the commonwealth a net weight of fifty pounds or
58	58	30more of marijuana or a net weight of fifty pounds or more of any mixture containing marijuana
59	59	31shall be punished by a term of imprisonment in the state prison for not more than fifteen years or
60	60	32by imprisonment in a jail or house of correction for not more than two and one –half years, or a
61	61	33fine of not less than five hundred nor more than two hundred thousand dollars, or by both such
62	62	34fine and imprisonment. 3 of 4
63	63	35 ii. Paragraph (b) and its subparagraphs shall be stricken and replaced with the following:
64	64	36(b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a),
65	65	37clause (2) of paragraph (c) or in clause (3) of paragraph (c) of Class B of section thirty–one by
66	66	38knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to
67	67	39manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18
68	68	40grams or more of a controlled substance as so defined, or a net weight of 18 grams or more of
69	69	41any mixture containing a controlled substance as so defined shall be punished by a term of
70	70	42imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house
71	71	43of correction for not more than two and one–half years, or a fine of not less two thousand five
72	72	44hundred dollars nor more than five-hundred thousand dollars, or by both such fine and
73	73	45imprisonment.
74	74	46 iii. Paragraph (c) and its subparagraphs shall be stricken and replaced with the following:
75	75	47(c) Any person who trafficks in heroin or any salt thereof, a controlled substance defined in
76	76	48paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative
77	77	49thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing
78	78	50with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net
79	79	51weight of 18 grams or more of heroin or any salt thereof, a controlled substance defined in
80	80	52paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative
81	81	53thereof or a net weight of 18 grams or more of any mixture containing heroin or any salt thereof,
82	82	54a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt
83	83	55thereof, opium or any derivative thereof shall be punished by a term of imprisonment in the state
84	84	56prison for not more than 15 years or by imprisonment in a jail or house of correction for not 4 of 4
85	85	57more than two and one–half years, or a fine of not less two thousand five hundred dollars nor
86	86	58more than five-hundred thousand dollars, or by both such fine and imprisonment.
87	87	59 iv. Paragraphs (c½), (c¾), and (d) and its subparagraphs shall be stricken.
88	88	60 c) Section 32H of General Law Chapter 94C, as appearing in the 2020 Official Edition is
89	89	61hereby stricken.