SENATE DOCKET, NO. 1722        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 897

The Commonwealth of Massachusetts

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PRESENTED BY:

Cynthia Stone Creem

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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.

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PETITION OF:

SENATE DOCKET, NO. 1722        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 897

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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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:
 

SECTION 1. Chapter 94C of the General Laws, as appearing in the 2016 Official Edition as most recently amended by Chapter 69 of the Acts of 2018, is hereby amended by striking out section 32 and inserting in place thereof the following section:-

Section 32. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section 31 shall be punished by imprisonment in the state prison for not more than 10 years or in a jail or house of correction for not more than 2½ years or by a fine of not more than $10,000, or by both such fine and imprisonment.

(b) Any person convicted of violating this section after 1 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 31 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 more than 15 years.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000.

SECTION 2. Section 32A of Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out in the paragraph (a) the words “less than $1,000 nor” an said section is further amended by striking in paragraph (b) the words “not less than $2,500 and”  and in paragraph (c) by striking each time they appear, the words “not less than $1,000 and” in paragraph (d) by string the words “less than $2,500 nor”.

SECTION 3. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out in section 32B paragraph (a) the words “less than $500 nor” and in paragraph (b) by striking out, each time they appear,  the words “less than $1,000 nor”.

SECTION 4.  Section 32C of Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out in paragraph (a) the words “less than $500 nor” and in paragrapgh (b) by striking the words “less than one thousand nor”.

SECTION 5. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32E and inserting in place thereof the following section:-

Section 32E. (a) Any person who trafficks in marihuana by knowingly or intentionally manufacturing, distributing, dispensing or cultivating or possessing with intent to manufacture, distribute, dispense or cultivate, or by bringing into the commonwealth a net weight of 50 pounds or more of marihuana or a net weight of 50 pounds or more of any mixture containing marihuana shall, if the net weight of marihuana or any mixture thereof is:

(1) Fifty pounds or more, but less than 100 pounds, be punished by a term of imprisonment in the state prison for more than 15 years or by imprisonment in a jail or house of correction for not more than 2½ years.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $10,000.

(2) One hundred pounds or more, but less than 2,000 pounds, be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000.

(3) Two thousand pounds or more, but less than 10,000 pounds, be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000.

(4) Ten thousand pounds or more, be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $200,000.

(b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a) or in clause (3) of paragraph (c) of Class B of section 31 by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of a controlled substance as so defined, or a net weight of 18 grams or more of any mixture containing a controlled substance as so defined shall, if the net weight of a controlled substance as so defined, or any mixture thereof is:

(1) Eighteen grams or more but less than 36 grams, be punished by a term of imprisonment in the state prison for not more than 15 years.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000.

(2) Thirty-six grams or more, but less than 100 grams, be punished by a term of imprisonment in the state prison for not more than 20 years.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000.

(3) One hundred grams or more, but less than 200 grams, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $100,000.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not more than 20 years.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $500,000.

(c) Any person who trafficks in , a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of , a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof or a net weight of 18 grams or more of any mixture containing , a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof shall, if the net weight of , a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof or any mixture thereof is:

(1) Eighteen grams or more but less than 36 grams, be punished by a term of imprisonment in the state prison for not more than 20 years.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000.

(2) Thirty-six grams or more but less than 100 grams, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000.

(3) One hundred grams or more but less than 200 grams, be punished by a term of imprisonment in the state prison for not more than 20 year.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $100,000.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not more than 20 years.  No sentence imposed under the provisions of this section shall be punished by a fine of more than $500,000.

(c½)  Any person who trafficks in fentanyl or any derivative of fentanyl by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 10 grams or more of fentanyl or any derivative of fentanyl, or a net weight of 10 grams or more of any mixture containing fentanyl or any derivative of fentanyl, shall be punished by a term of imprisonment in state prison for not more than 20 years. 

(c¾)  Any person who trafficks in carfentanil, including without limitation, any derivative of carfentanil by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth carfentanil or any derivative of carfentanil, any mixture containing carfentanil or a derivative of carfentanil, provided, that such person had specific knowledge that such mixture contained carfentanil or any derivative of carfentanil, shall be punished by a term of imprisonment in state prison for not more than 20 years. 

SECTION 6.  Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32F and inserting in place thereof the following section:-

Section 32F. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class A of section thirty-one to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000.

(b) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class B of section thirty-one to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000.

(c) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of section thirty-one to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years or in a jail or house of correction for not more than two and one-half years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000.

(d) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance as defined in clause (4) of paragraph (a) of class B of section thirty-one, to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000.

SECTION 7. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32G and inserting in place thereof the following section:-

Section 32G. Any person who knowingly or intentionally creates, distributes, dispenses or possesses with intent to distribute or dispense a counterfeit substance shall be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than two thousand and five hundred dollars, or both such fine and imprisonment.

SECTION 8. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32H in its entirety.

SECTION 9. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32J and inserting in place thereof the following section:-

Section 32J.  Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I while in, on or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational or secondary school if the violation occurs between 5:00a.m. and midnight, whether or not in session, or within 100 feet of a public park or playground and who during the commission of the offense: (i) used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, or induced another participant to do so during the commission of the offense; or (ii) engaged in a course of conduct whereby the person directed the activities of another person who committed any felony in violation of this chapter; or (iii) committed or attempted to commit a violation of section 32F or section 32K shall be punished by a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than 21/2 years.  A fine of not more than $10,000 may be imposed.  In accordance with section 8A of chapter 279 such sentence shall begin from and after the expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I.

Lack of knowledge of school boundaries shall not be a defense to any person who violates this section.             

SECTION 10.  Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32K and inserting in place thereof the following section:- Section 32K. Any person who knowingly causes, induces or abets a person under the age of eighteen to distribute, dispense or possess with the intent to distribute or dispense any controlled substance as defined herein, or to accept, deliver or possess money used or intended for use in the procurement, manufacture, compounding, processing, delivery, distribution or sale of any such controlled substance shall be punished by imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $100,000.

SECTION 11.  Section 34 of said chapter 94C, as so appearing, is hereby amended by striking out the words “less than two and one-half years nor” in the third sentence of the first paragraph.

SECTION 12. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this act:

(a) shall be eligible for parole after serving one-half of the minimum term of the sentence,

(b) shall be eligible to participate in education, training, employment, or work release programs established pursuant to Sections 49, 49B, 49C, 86F and 86G of Chapter 127; and

(c) shall be eligible to receive deductions from his sentence for good conduct under Sections 129C and 129D of Chapter 127, provided that such deductions shall accrue as of the effective date of this section.