Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1233 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2312 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1233
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick M. O'Connor
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 relative to setting proportionate penalties for the distribution of heroin, fentanyl, and
13	13	carfentanil.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 5
17	17	SENATE DOCKET, NO. 2312 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 1233
19	19	By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1233) of Patrick M. O'Connor for
20	20	legislation to set proportionate penalties for the distribution of heroin, fentanyl, and carfentanil.
21	21	The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1087 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to setting proportionate penalties for the distribution of heroin, fentanyl, and
30	30	carfentanil.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 32E of chapter 94C, as amended by chapter 69 of the Acts of 2018,
34	34	2is hereby amended by striking subsection (c) and replacing it with the following:-
35	35	3 (c) Any person who trafficks in heroin or any salt thereof, morphine or any salt thereof,
36	36	4opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or
37	37	5dispensing or possessing with intent to manufacture, distribute, or dispense or by bringing into
38	38	6the commonwealth a net weight of 18 grams or more of heroin or any salt thereof, morphine or
39	39	7any salt thereof, opium or any derivative thereof or a net weight of 18 grams or more of any
40	40	8mixture containing heroin or any salt thereof, morphine or any salt thereof, opium or any 2 of 5
41	41	9derivative thereof shall, if the net weight of heroin or any salt thereof, morphine or any salt
42	42	10thereof, opium or any derivative thereof or any mixture thereof is:--
43	43	11 (1) Eighteen grams or more but less than 36 grams, be punished by a term of
44	44	12imprisonment in the state prison for not less than 5 nor more than 35 years. No sentence imposed
45	45	13under this clause shall be for less than a mandatory minimum term of imprisonment of 5 years,
46	46	14and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the
47	47	15mandatory minimum term of imprisonment, as established herein.
48	48	16 (2) Thirty-six grams or more but less than 100 grams, be punished by a term of
49	49	17imprisonment in the state prison for not less than 10 nor more than 40 years. No sentence
50	50	18imposed under this clause shall be for less than a mandatory minimum term of imprisonment of
51	51	1910 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed, but not in
52	52	20lieu of the mandatory minimum term of imprisonment, as established herein.
53	53	21 (3) One hundred grams or more but less than two hundred grams, be punished by a term
54	54	22of imprisonment in the state prison for not less than 25 years and up to any term of years. No
55	55	23sentence imposed under the provisions of this clause shall be for less than the mandatory
56	56	24minimum term of imprisonment of 25 years, and a fine of not less than ten thousand nor more
57	57	25than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum
58	58	26term of imprisonment, as established therein.
59	59	27 (4) Two hundred grams or more, be punished by a term of imprisonment in the state
60	60	28prison for life. No sentence imposed under the provisions of this clause shall be for less than a
61	61	29mandatory minimum term of imprisonment of a life sentence nor more than five hundred 3 of 5
62	62	30thousand dollars may be imposed but not in lieu of the mandatory minimum term of
63	63	31imprisonment, as established therein.
64	64	32 SECTION 2. Said section 32E of chapter 94C, as amended by chapter 69 of the Acts of
65	65	332018, is hereby amended by striking subsection (c1/2) and replacing it with the following:-
66	66	34 (c½) Any person who trafficks in fentanyl or any derivative of fentanyl by knowingly or
67	67	35intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture,
68	68	36distribute or dispense or by bringing into the commonwealth shall, if the net weight of the
69	69	37fentanyl in pure form is:-
70	70	38 (1) 4 grams or more but less than 9 grams, be punished by a term of imprisonment in the
71	71	39state prison for not less than 5 nor more than 35 years. No sentence imposed under this clause
72	72	40shall be for less than a mandatory minimum term of imprisonment of 5 years, and a fine of not
73	73	41less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory
74	74	42minimum term of imprisonment, as established herein.
75	75	43 (2) 9 grams or more but less than 20 grams, be punished by a term of imprisonment in the
76	76	44state prison for not less than 10 nor more than 40 years. No sentence imposed under this clause
77	77	45shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not
78	78	46less than $5,000 nor more than $50,000 may be imposed, but not in lieu of the mandatory
79	79	47minimum term of imprisonment, as established herein.
80	80	48 (3) 20 grams or more but less than 40 grams, be punished by a term of imprisonment in
81	81	49the state prison for not less than 25 years and up to any term of years. No sentence imposed
82	82	50under the provisions of this clause shall be for less than the mandatory minimum term of
83	83	51imprisonment of 25 years, and a fine of not less than ten thousand nor more than one hundred 4 of 5
84	84	52thousand dollars may be imposed but not in lieu of the mandatory minimum term of
85	85	53imprisonment, as established therein.
86	86	54 (4) 40 grams or more, be punished by a term of imprisonment in the state prison for life.
87	87	55No sentence imposed under the provisions of this clause shall be for less than a mandatory
88	88	56minimum term of imprisonment of a life sentence nor more than five hundred thousand dollars
89	89	57may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established
90	90	58therein.
91	91	59 SECTION 3. Said section 32E of chapter 94C, as amended by chapter 69 of the Acts of
92	92	602018, is hereby amended by striking subsection (c3/4) and replacing it with the following:-
93	93	61 (c¾) Any person who trafficks in carfentanil by knowingly or intentionally
94	94	62manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or
95	95	63dispense shall, if the net weight of the carfentanil in pure form is:-
96	96	64 (1) one-third of a gram or more but less than 2 grams, be punished by a term of
97	97	65imprisonment in the state prison for not less than 5 nor more than 35 years. No sentence imposed
98	98	66under this clause shall be for less than a mandatory minimum term of imprisonment of 5 years,
99	99	67and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the
100	100	68mandatory minimum term of imprisonment, as established herein.
101	101	69 (2) 2 grams or more but less than 4 grams, be punished by a term of imprisonment in the
102	102	70state prison for not less than 10 nor more than 40 years. No sentence imposed under this clause
103	103	71shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not
104	104	72less than $5,000 nor more than $50,000 may be imposed, but not in lieu of the mandatory
105	105	73minimum term of imprisonment, as established herein. 5 of 5
106	106	74 (3) 4 grams or more but less than 8 grams, be punished by a term of imprisonment in the
107	107	75state prison for not less than 25 years and up to any term of years. No sentence imposed under
108	108	76the provisions of this clause shall be for less than the mandatory minimum term of imprisonment
109	109	77of 25 years, and a fine of not less than ten thousand nor more than one hundred thousand dollars
110	110	78may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established
111	111	79therein.
112	112	80 (4) 8 grams or more, be punished by a term of imprisonment in the state prison for life.
113	113	81No sentence imposed under the provisions of this clause shall be for less than a mandatory
114	114	82minimum term of imprisonment of a life sentence nor more than five hundred thousand dollars
115	115	83may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established
116	116	84therein.
117	117	85 SECTION 4. This act shall go into effect immediately upon its passage.