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SENATE DOCKET, NO. 2065 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1051
The Commonwealth of Massachusetts
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PRESENTED BY:
Liz Miranda
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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 :Liz MirandaSecond Suffolk 1 of 3
SENATE DOCKET, NO. 2065 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1051
By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1051) of Liz Miranda 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.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
forthwith make certain changes in laws relative to the administration of justice in the
Commonwealth, to permit fair sentencing of non-violent drug offenders, to reduce the rate of
incarceration in the Commonwealth occasioned, in large part, by minimum mandatory drug laws,
to prevent the application of equally severe penalties for both the more and the less culpable
offenders, and to eliminate the disproportionate impact minimum mandatory drug laws have on
minority communities, therefore it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 32 of General Law Chapter 94C, as appearing in the 2020 Official Edition is
2hereby amended as follows:
3 Paragraph (b) shall be stricken and replaced with the following: Any person convicted of
4violating this section after one or more prior convictions of manufacturing, distributing,
5dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled
6substance as defined by section thirty–one of this chapter under this or any prior law of this
7jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the
8same as or necessarily includes the elements of said offense shall be punished by a term of 2 of 3
9imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or
10house of correction for not more than two and one–half years, or a fine of not less than two
11thousand and five hundred nor more than twenty–five thousand dollars, or by both such fine and
12imprisonment.
13 Paragraph (c) and its subparagraphs shall be stricken.
14 Section 32E of General Law Chapter 94C, as appearing in the 2020 Official Edition is
15hereby amended as follows:
16 Paragraph (a) and its subparagraphs shall be stricken and replaced with the following: (a)
17Any person who trafficks in marijuana by knowingly or intentionally manufacturing,
18distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute,
19dispense, or cultivate, or by bringing into the commonwealth a net weight of fifty pounds or
20more of marijuana or a net weight of fifty pounds or more of any mixture containing marijuana
21shall be punished by a term of imprisonment in the state prison for not more than fifteen years or
22by imprisonment in a jail or house of correction for not more than two and one –half years, or a
23fine of not less than five hundred nor more than two hundred thousand dollars, or by both such
24fine and imprisonment.
25 Paragraph (b) and its subparagraphs shall be stricken and replaced with the following: (b)
26Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a), clause
27(2) of paragraph (c) or in clause (3) of paragraph (c) of Class B of section thirty –one by
28knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to
29manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18
30grams or more of a controlled substance as so defined, or a net weight of 18 grams or more of 3 of 3
31any mixture containing a controlled substance as so defined shall be punished by a term of
32imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house
33of correction for not more than two and one–half years, or a fine of not less two thousand five
34hundred dollars nor more than five-hundred thousand dollars, or by both such fine and
35imprisonment.
36 Paragraph (c) and its subparagraphs shall be stricken and replaced with the following: (c)
37Any person who trafficks in heroin or any salt thereof, a controlled substance defined in
38paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative
39thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing
40with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net
41weight of 18 grams or more of heroin or any salt thereof, a controlled substance defined in
42paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative
43thereof or a net weight of 18 grams or more of any mixture containing heroin or any salt thereof,
44a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt
45thereof, opium or any derivative thereof shall be punished by a term of imprisonment in the state
46prison for not more than 15 years or by imprisonment in a jail or house of correction for not
47more than two and one–half years, or a fine of not less two thousand five hundred dollars nor
48more than five-hundred thousand dollars, or by both such fine and imprisonment.
49 Paragraphs (c½), (c¾), and (d) and its subparagraphs shall be stricken.
50 Section 32H of General Law Chapter 94C, as appearing in the 2020 Official Edition is
51hereby stricken.