SECTION 1. The General Court finds and declares the following:

(1) an effective, comprehensive approach to combating drug crimes and substance abuse must include substantial education and prevention strategies, strong criminal enforcement of the drug laws, and sufficient treatment and recovery options and resources. This act focuses primarily on one aspect of such an approach, criminal enforcement of those who seek to illegally prey on persons seeking treatment or services for substance abuse, yet the General Court is committed to a coordinated plan which includes substantial resources in prevention, treatment, and recovery as well, in order to provide the best possible strategy to combat illegal drug use in Massachusetts;

(2) this act is directed at the entrepreneurial drug dealers who traffic in illegal drugs for profit. Such persons pose a threat to the health and safety of residents of the commonwealth seeking treatment and should be subject to heightened criminal penalties for their activities; and

(3) the sale of illegal controlled substances to persons seeking treatment and services for substance addiction is a predatory and insidious practice.  Providing enhanced penalties for the intentional sale of illegal drugs to persons seeking treatment sends a strong and clear message that the General Court will not tolerate such practices and may serve as a deterrent to those who would prey on people seeking treatment.

SECTION 2. Chapter 94C of the General Laws is hereby amended by inserting after section 32J the following section:-

Section 32J½. (a) Whoever unlawfully sells or distributes a controlled substance to any person, within 300 feet of the real property comprising a treatment service or program, in addition to any other penalty, shall be imprisoned in state prison for not more than 10 years.

(b) For the purposes of this section the term “treatment service or program” shall mean services or programs for the care, treatment or rehabilitation of substance dependent persons, or persons in need of assistance due to the use of a dependency related substance, including, but not limited to, alcoholics anonymous, narcotics anonymous, medical, psychiatric, psychological, vocational, educational, or recreational services or programs.