Bill S.839

SENATE DOCKET, NO. 1442 FILED ON: 1/16/2015

SENATE . . . . . . . . . . . . . . No. 839

By Mr. Hedlund, a petition (accompanied by bill, Senate, No. 839) of Robert L. Hedlund and David F. DeCoste for legislation to strengthen punishment for heroin dealers. The Judiciary.

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act strengthening punishment for heroin dealers.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 1. Section 31 of Chapter 94C is hereby amended by deleting it in its entirety and replacing it with the following:-

Section 31. For the purposes of establishing criminal penalties for violation of a provision of this chapter, there are established the following five classes of controlled substances:

CLASS A

(a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

(1) Acetylmethadol

(2) Allylprodine

(3) Alphacetylmethadol

(4) Alphameprodine

(5) Alphamethadol

(6) Benzethidine

(7) Betacetylmethadol

(8) Betameprodine

(9) Betamethadol

(10) Betaprodine

(11) Clonitazene

(12) Dextromoramide

(13) Dextrorphan

(14) Diampromide

(15) Diethylthiambutene

(16) Dimenoxadol

(17) Dimepheptanol

(18) Dimethylthiambutene

(19) Dioxaphetylbutyrate

(20) Dipipanone

(21) Ethylmethylthiambutene

(22) Etonitazene

(23) Etoxeridine

(24) Furethidine

(25) Hydroxypethidine

(26) Ketobemidone

(27) Levomoramide

(28) Levophenacylmorphan

(29) Morpheridine

(30) Noracymethadol

(31) Norlevorphanol

(32) Normethadone

(33) Norpipanone

(34) Phenadoxone

(35) Phenampromide

(36) Phenomorphan

(37) Phenoperidine

(38) Piritramide

(39) Proheptazine

(40) Properidine

(41) Racemoramide

(42) Trimeperidine

(b) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine

(2) Acetyldihydrocodeine

(3) Benzylmorphine

(4) Codeine methylbromide

(5) Codeine-N-Oxide

(6) Cyprenorphine

(7) Desomorphine

(8) Dihydromorphine

(9) Etorphine

(10) Hydromorphinol

(11) Methyldesorphine

(12) Methylhydromorphine

(13) Morphine methylbromide

(14) Morphine methylsulfonate

(15) Morphine-N-Oxide

(16) Myrophine

(17) Nicocodeine

(18) Nicomorphine

(19) Normorphine

(20) Pholcodine

(21) Thebacon

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations:

(1) Flunitrazepam

(2) Gamma Hydroxy Butyric Acid

(3) Ketamine.

CLASS B

(a) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate

(2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) except that these substances shall not include the isoquinoline alkaloids of opium

(3) Opium poppy and poppy straw

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

(5) Phenyl-2-Propanone (P2P)

(6) Phenylcyclohexylamine (PCH)

(7) Piperidinocyclohexanecarbonitrile (PCC)

(8) 3,4-methylenedioxy methamphetamine (MDMA).

(b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including isomers, esters, ethers, salts, and salts of isomer, esters, and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

(1) Alphaprodine

(2) Anileridine

(3) Bezitramide

(4) Dihydrocodeine

(5) Diphenoxylate

(6) Fentanyl

(7) Isomethadone

(8) Levomethorphan

(9) Levorphanol

(10) Metazocine

(11) Methadone

(12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

(13) Moramide-Intermediate, 2-methyl-3 morpholine-1, 1-diphenyl-propane carboxylic acid

(14) Pethidine

(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine

(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

(18) Phenazocine

(19) Piminodine

(20) Racemethorphan

(21) Racemorphan

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers and salts of its optical isomers.

(2) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers.

(3) Phenmetrazine and its salts.

(4) Methylphenidate.

(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid.

(2) Any substance which contains any quantity of methaqualone, or any salt or derivative of methaqualone.

(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Lysergic acid

(2) Lysergic acid amide

(3) Lysergic acid diethylamide

(4) Phencyclidine.

CLASS C

(a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

(1) Chlordiazepoxide

(2) Chlorhexadol

(3) Clonazepam

(4) Clorazepate

(5) Diazepam

(6) Flurazepam

(7) Glutethimide

(8) Lorazepam

(9) Methyprylon

(10) Oxazepam

(11) Prazepam

(12) Sulfondiethylmethane

(13) Sulfonethylmethane

(14) Sulfonmethane

(15) Temazepam.

(b) Nalorphine

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.

(2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

[There is no paragraph (d).]

(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) 3, 4-methylenedioxy amphetamine

(2) 5-methoxy-3, 4-methylenedioxy amphetamine

(3) 3, 4, 5-trimethoxy amphetamine

(4) Bufotenine

(5) Diethyltryptamine

(6) Dimethyltryptamine

(7) 4-methyl-2, 5-dimethoxyamphetamine

(8) Ibogaine

(9) Mescaline

(10) Peyote

(11) N-ethyl-3-piperidyl benzilate

(12) N-methyl-3-piperidyl benzilate

(13) Psilocybin

(14) Psilocyn

(15) Tetrahydrocannabinols

(16) 4-Bromo-2, 5-Dimethoxy-amphetamine.

(17) 3, 4—methylenedioxymethcathinone, MDMC

(18) 3, 4—methylenedioxypyrovalerone, MDPV

(19) 4—methylmethcathinone, 4-MMC

(20) 4—methoxymethcathinone, bk-PMMA, PMMC

(21) 3, 4—fluoromethcathinone, FMC

(22) Napthylpyrovalerone, NRG-1

(23) Beta-keto-N-methylbenzodioxolylpropylamine

(24) 2-(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone

(25) 3-methoxymethcathinone

(26) 4-methyl-alpha-pyrrolidinobutyrophenone

(27) 2-(methylamino)-1-phenylpropan-1-one

(28) 4-ethylmethcathinone

(29) 3,4-Dimethylmethcathinone

(30) alpha-Pyrrolidinopentiophenone

(31) beta-Keto-Ethylbenzodioxolylbutanamine

(32) 3,4-methylenedioxy-N-ethylcathinone.

CLASS D

(a)

(1) Barbital

(2) Chloral betaine

(3) Chloral hydrate

(4) Ethchlorvynol

(5) Ethinamate

(6) Methohexital

(7) Meprobamate

(8) Methylphenobarbital

(9) Paraldehyde

(10) Petrichloral

(11) Phenobarbital

(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Marihuana

(2) Butyl Nitrite

(3) Isobutyl Nitrite

(4) 1-Nitrosoxy-Methyl-Propane.

CLASS E

(a) Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams

(b) Prescription drugs other than those included in Classes A, B, C, D, and subsection (a) of this Class.

CLASS X

(a) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Heroin

SECTION 2. Chapter 94C of the General Laws, as appearing in the 2014 Official addition, is hereby amended by adding following new section:-

Section 32X. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class X of section thirty-one shall be punished by imprisonment in the state prison for not less than one hundred years or in a jail or house of correction for not more than one hundred years and by a fine of not less than one thousand nor more than ten thousand dollars, or by both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance as defined by section thirty-one of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than two hundred years nor more than three hundred years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of two hundred years and a fine of not less than one million dollars nor more than twenty-five million dollars.

(c) Any person serving a mandatory minimum sentence for violating any provision of this section shall not be eligible for parole.

Name:	District/Address:
Robert L. Hedlund	Plymouth and Norfolk
David F. DeCoste	5th Plymouth