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SENATE DOCKET, NO. 798 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 929
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
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 to eliminate mandatory minimum sentences related to drug offenses.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexMichael J. BarrettThird Middlesex1/31/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/6/2023 1 of 9
SENATE DOCKET, NO. 798 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 929
By Ms. Creem, a petition (accompanied by bill, Senate, No. 929) of Cynthia Stone Creem,
Michael J. Barrett and Joanne M. Comerford for legislation to eliminate mandatory minimum
sentences related to drug offenses. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 977 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to eliminate mandatory minimum sentences related to drug offenses.
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 1. Chapter 94C of the General Laws, as appearing in the 2016 Official Edition
2as most recently amended by Chapter 69 of the Acts of 2018, is hereby amended by striking out
3section 32 and inserting in place thereof the following section:-
4 Section 32. (a) Any person who knowingly or intentionally manufactures, distributes,
5dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance
6in Class A of section 31 shall be punished by imprisonment in the state prison for not more than
710 years or in a jail or house of correction for not more than 2½ years or by a fine of not more
8than $10,000, or by both such fine and imprisonment. (b) Any person convicted of
9violating this section after 1 or more prior convictions of manufacturing, distributing, dispensing
10or possessing with the intent to manufacture, distribute or dispense a controlled substance as 2 of 9
11defined by section 31 of this chapter under this or any prior law of this jurisdiction or of any
12offense of any other jurisdiction, federal, state or territorial, which is the same as or necessarily
13includes the elements of said offense shall be punished by a term of imprisonment in the state
14prison for not more than 15 years. No sentence imposed under the provisions of this section
15shall be punished by a fine of more than $25,000.
16 SECTION 2. Section 32A of Chapter 94C of the General Laws, as so appearing, is
17hereby further amended by striking out in the paragraph (a) the words “less than $1,000 nor” an
18said section is further amended by striking in paragraph (b) the words “not less than $2,500 and”
19and in paragraph (c) by striking each time they appear, the words “not less than $1,000 and” in
20paragraph (d) by string the words “less than $2,500 nor”.
21 SECTION 3. Chapter 94C of the General Laws, as so appearing, is hereby further
22amended by striking out in section 32B paragraph (a) the words “less than $500 nor” and in
23paragraph (b) by striking out, each time they appear, the words “less than $1,000 nor”.
24 SECTION 4. Section 32C of Chapter 94C of the General Laws, as so appearing, is
25hereby further amended by striking out in paragraph (a) the words “less than $500 nor” and in
26paragraph (b) by striking the words “less than one thousand nor”.
27 SECTION 5. Chapter 94C of the General Laws, as so appearing, is hereby further
28amended by striking out section 32E and inserting in place thereof the following section:-
29 Section 32E. (a) Any person who trafficks in marihuana by knowingly or intentionally
30manufacturing, distributing, dispensing or cultivating or possessing with intent to manufacture,
31distribute, dispense or cultivate, or by bringing into the commonwealth a net weight of 50 3 of 9
32pounds or more of marihuana or a net weight of 50 pounds or more of any mixture containing
33marihuana shall, if the net weight of marihuana or any mixture thereof is:
34 (1) Fifty pounds or more, but less than 100 pounds, be punished by a term of
35imprisonment in the state prison for more than 15 years or by imprisonment in a jail or house of
36correction for not more than 2½ years. No sentence imposed under the provisions of this section
37shall be punished by a fine of more than $10,000.
38 (2) One hundred pounds or more, but less than 2,000 pounds, be punished by a term of
39imprisonment in the state prison for not more than 15 years. No sentence imposed under the
40provisions of this section shall be punished by a fine of more than $25,000.
41 (3) Two thousand pounds or more, but less than 10,000 pounds, be punished by a term of
42imprisonment in the state prison for not more than 15 years. No sentence imposed under the
43provisions of this section shall be punished by a fine of more than $50,000.
44 (4) Ten thousand pounds or more, be punished by a term of imprisonment in the state
45prison for not more than 15 years. No sentence imposed under the provisions of this section shall
46be punished by a fine of more than $200,000.
47 (b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph
48(a) or in clause (3) of paragraph (c) of Class B of section 31 by knowingly or intentionally
49manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or
50dispense or by bringing into the commonwealth a net weight of 18 grams or more of a controlled
51substance as so defined, or a net weight of 18 grams or more of any mixture containing a
52controlled substance as so defined shall, if the net weight of a controlled substance as so defined,
53or any mixture thereof is: 4 of 9
54 (1) Eighteen grams or more but less than 36 grams, be punished by a term of
55imprisonment in the state prison for not more than 15 years. No sentence imposed under the
56provisions of this section shall be punished by a fine of more than $25,000.
57 (2) Thirty-six grams or more, but less than 100 grams, be punished by a term of
58imprisonment in the state prison for not more than 20 years. No sentence imposed under the
59provisions of this section shall be punished by a fine of more than $50,000.
60 (3) One hundred grams or more, but less than 200 grams, be punished by a term of
61imprisonment in the state prison for not more than 20 years. No sentence imposed under the
62provisions of this section shall be punished by a fine of more than $100,000.
63 (4) Two hundred grams or more, be punished by a term of imprisonment in the state
64prison for not more than 20 years. No sentence imposed under the provisions of this section
65shall be punished by a fine of more than $500,000.
66 (c) Any person who trafficks in a controlled substance defined in paragraph (d) of Class
67A of section 31, morphine or any salt thereof, opium or any derivative thereof by knowingly or
68intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture,
69distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of
70, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt
71thereof, opium or any derivative thereof or a net weight of 18 grams or more of any mixture
72containing , a controlled substance defined in paragraph (d) of Class A of section 31, morphine
73or any salt thereof, opium or any derivative thereof shall, if the net weight of , a controlled
74substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium
75or any derivative thereof or any mixture thereof is: 5 of 9
76 (1) Eighteen grams or more but less than 36 grams, be punished by a term of
77imprisonment in the state prison for not more than 20 years. No sentence imposed under the
78provisions of this section shall be punished by a fine of more than $50,000.
79 (2) Thirty-six grams or more but less than 100 grams, be punished by a term of
80imprisonment in the state prison for not more than 20 years. No sentence imposed under the
81provisions of this section shall be punished by a fine of more than $50,000.
82 (3) One hundred grams or more but less than 200 grams, be punished by a term of
83imprisonment in the state prison for not more than 20 year. No sentence imposed under the
84provisions of this section shall be punished by a fine of more than $100,000.
85 (4) Two hundred grams or more, be punished by a term of imprisonment in the state
86prison for not more than 20 years. No sentence imposed under the provisions of this section
87shall be punished by a fine of more than $500,000.
88 (c½) Any person who trafficks in fentanyl or any derivative of fentanyl by knowingly or
89intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture,
90distribute or dispense or by bringing into the commonwealth a net weight of 10 grams or more of
91fentanyl or any derivative of fentanyl, or a net weight of 10 grams or more of any mixture
92containing fentanyl or any derivative of fentanyl, shall be punished by a term of imprisonment in
93state prison for not more than 20 years.
94 (c¾) Any person who trafficks in carfentanil, including without limitation, any
95derivative of carfentanil by knowingly or intentionally manufacturing, distributing, dispensing or
96possessing with intent to manufacture, distribute or dispense or by bringing into the
97commonwealth carfentanil or any derivative of carfentanil, any mixture containing carfentanil or 6 of 9
98a derivative of carfentanil, provided, that such person had specific knowledge that such mixture
99contained carfentanil or any derivative of carfentanil, shall be punished by a term of
100imprisonment in state prison for not more than 20 years.
101 SECTION 6. Chapter 94C of the General Laws, as so appearing, is hereby further
102amended by striking out section 32F and inserting in place thereof the following section:-
103 Section 32F. (a) Any person who knowingly or intentionally manufactures, distributes,
104dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance
105in Class A of section thirty-one to a person under the age of eighteen years shall be punished by
106a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed
107under the provisions of this section shall be punished by a fine of more than $25,000.
108 (b) Any person who knowingly or intentionally manufactures, distributes, dispenses, or
109possesses with intent to manufacture, distribute, or dispense a controlled substance in Class B of
110section thirty-one to a person under the age of eighteen years shall be punished by a term of
111imprisonment in the state prison for not more than fifteen years. No sentence imposed under the
112provisions of this section shall be punished by a fine of more than $25,000.
113 (c) Any person who knowingly or intentionally manufactures, distributes, dispenses, or
114possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of
115section thirty-one to a person under the age of eighteen years shall be punished by a term of
116imprisonment in the state prison for not more than fifteen years or in a jail or house of correction
117for not more than two and one-half years. No sentence imposed under the provisions of this
118section shall be punished by a fine of more than $25,000. 7 of 9
119 (d) Any person who knowingly or intentionally manufactures, distributes, dispenses, or
120possesses with intent to manufacture, distribute or dispense a controlled substance as defined in
121clause (4) of paragraph (a) of class B of section thirty-one, to a person under the age of eighteen
122years shall be punished by a term of imprisonment in the state prison for not more than fifteen
123years. No sentence imposed under the provisions of this section shall be punished by a fine of
124more than $25,000.
125 SECTION 7. Chapter 94C of the General Laws, as so appearing, is hereby further
126amended by striking out section 32G and inserting in place thereof the following section:-
127 Section 32G. Any person who knowingly or intentionally creates, distributes, dispenses
128or possesses with intent to distribute or dispense a counterfeit substance shall be punished by
129imprisonment in a jail or house of correction for not more than one year or by a fine of not more
130than two thousand and five hundred dollars, or both such fine and imprisonment.
131 SECTION 8. Chapter 94C of the General Laws, as so appearing, is hereby further
132amended by striking out section 32H in its entirety.
133 SECTION 9. Chapter 94C of the General Laws, as so appearing, is hereby further
134amended by striking out section 32J and inserting in place thereof the following section:-
135 Section 32J. Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D,
13632E, 32F or 32I while in, on or within 300 feet of the real property comprising a public or private
137accredited preschool, accredited headstart facility, elementary, vocational or secondary school if
138the violation occurs between 5:00a.m. and midnight, whether or not in session, or within 100 feet
139of a public park or playground and who during the commission of the offense: (i) used violence
140or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described 8 of 9
141in paragraph (b) of section 10 of chapter 269, or induced another participant to do so during the
142commission of the offense; or (ii) engaged in a course of conduct whereby the person directed
143the activities of another person who committed any felony in violation of this chapter; or (iii)
144committed or attempted to commit a violation of section 32F or section 32K shall be punished by
145a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail
146or house of correction for not more than 21/2 years. A fine of not more than $10,000 may be
147imposed. In accordance with section 8A of chapter 279 such sentence shall begin from and after
148the expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I.
149 Lack of knowledge of school boundaries shall not be a defense to any person who
150violates this section.
151 SECTION 10. Chapter 94C of the General Laws, as so appearing, is hereby further
152amended by striking out section 32K and inserting in place thereof the following section:-
153Section 32K. Any person who knowingly causes, induces or abets a person under the age of
154eighteen to distribute, dispense or possess with the intent to distribute or dispense any controlled
155substance as defined herein, or to accept, deliver or possess money used or intended for use in
156the procurement, manufacture, compounding, processing, delivery, distribution or sale of any
157such controlled substance shall be punished by imprisonment in the state prison for not more
158than fifteen years. No sentence imposed under the provisions of this section shall be punished by
159a fine of more than $100,000.
160 SECTION 11. Section 34 of said chapter 94C, as so appearing, is hereby amended by
161striking out the words “less than two and one-half years nor” in the third sentence of the first
162paragraph. 9 of 9
163 SECTION 12. Notwithstanding any general or special law to the contrary, a person
164serving a sentence for violating any provisions of chapter 94C or charged with such a violation
165but a guilty plea has not been accepted nor a conviction entered as of the effective date of this
166act:
167 (a) shall be eligible for parole after serving one-half of the minimum term of the sentence,
168 (b) shall be eligible to participate in education, training, employment, or work release
169programs established pursuant to Sections 49, 49B, 49C, 86F and 86G of Chapter 127; and
170 (c) shall be eligible to receive deductions from his sentence for good conduct under
171Sections 129C and 129D of Chapter 127, provided that such deductions shall accrue as of the
172effective date of this section.