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HOUSE DOCKET, NO. 2741 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2002
The Commonwealth of Massachusetts
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PRESENTED BY:
Samantha Montaño and Mike Connolly
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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 relative to harm reduction and racial justice.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/19/2023Mike Connolly26th Middlesex1/27/2023Christine P. Barber34th Middlesex1/27/2023Jack Patrick Lewis7th Middlesex1/31/2023Vanna Howard17th Middlesex2/2/2023 1 of 2
HOUSE DOCKET, NO. 2741 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2002
By Representatives Montaño of Boston and Connolly of Cambridge, a petition (accompanied by
bill, House, No. 2002) of Samantha Montaño, Mike Connolly and others relative to the
possession of controlled substances. Mental Health, Substance Use and Recovery.
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 relative to harm reduction and racial justice.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 94C of the General Laws is hereby amended by striking out section 34, as so
2appearing, and inserting in place thereof the following section:-
3 Section 34. No person knowingly or intentionally shall possess a controlled substance
4unless such substance was obtained directly, or pursuant to a valid prescription or order, from a
5practitioner while acting in the course of his professional practice, or except as otherwise
6authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter,
7any person who violates this section shall be subjected to participating in a needs screening to
8identify health and other service needs, including but not limited to services that may address any
9substance use disorder and mental health conditions, lack of employment, housing, or food, and
10any need for civil legal services. The screening should prioritize the individual's self-identified
11needs for referral to appropriate services. The screening shall be conducted by individuals trained
12in the use of evidence-based, culturally and gender-competent trauma-informed practices. Upon 2 of 2
13verification that the person has completed the screening within forty-five days of when the needs
14screening was imposed, the citation will be dismissed. Completion of the screening shall not be
15deemed an admission of any kind and no legal findings shall be made based on the issued
16citation.