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