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