HOUSE DOCKET, NO. 3652        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1502

The Commonwealth of Massachusetts

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PRESENTED BY:

Claire D. Cronin

_________________

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 non-violation of parole for possession of valid prescriptions.

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PETITION OF:

HOUSE DOCKET, NO. 3652        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1502

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3745 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to non-violation of parole for possession of valid prescriptions.

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 130 of chapter 127 of the General Laws, as amended by chapter 72 of the acts of 2018, is hereby amended by adding the following  sentence:-  In every case, such terms and conditions shall provide that no prisoner to whom a parole permit to be at liberty has been granted shall be found to have violated such terms and conditions: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that prisoner by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that prisoner received a written certification from a healthcare professional for the use of medical marijuana to treat a debilitating medical condition and the prisoner possesses a valid medical marijuana registration card and if the quantity in the prisoner’s possession is not greater than the amount recommended in the healthcare professional’s written certification.

SECTION 2. The fourth paragraph of section 133A of chapter 127 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:-  Provided, however, no prisoner to whom a parole permit to be at liberty has been granted shall be found to have violated the permit or such terms and conditions: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that prisoner by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that prisoner received a written certification from a healthcare professional for the use of medical marijuana to treat a debilitating medical condition and the prisoner possesses a valid medical marijuana registration card and if the quantity in the prisoner’s possession is not greater than the amount recommended in the healthcare professional’s written certification.

SECTION 3. Section 133B of said chapter 127, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:-  Provided, however, no prisoner to whom a parole permit to be at liberty has been granted shall be found to have violated the permit or such terms and conditions: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that prisoner by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that prisoner received a written certification from a healthcare professional for the use of medical marijuana to treat a debilitating medical condition and the prisoner possesses a valid medical marijuana registration card and if the quantity in the prisoner’s possession is not greater than the amount recommended in the healthcare professional’s written certification.

SECTION 4. The second paragraph of section 133D of said chapter 127, as so appearing, is hereby amended by adding the following sentence:-  In every case, such terms and conditions shall provide that no prisoner to whom a parole permit to be at liberty has been granted shall be found to have violated such terms and conditions: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that prisoner by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that prisoner received a written certification from a healthcare professional for the use of medical marijuana to treat a debilitating medical condition and the prisoner possesses a valid medical marijuana registration card and if the quantity in the prisoner’s possession is not greater than the amount recommended in the healthcare professional’s written certification.

SECTION 5. Section 148 of chapter 127 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “expiration”, in line 2,  the following words:-  provided, however, the parole board shall not revoke a parole permit to be at liberty: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that prisoner by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that prisoner received a written certification from a healthcare professional for the use of medical marijuana to treat a debilitating medical condition and the prisoner possesses a valid medical marijuana registration card and if the quantity in the prisoner’s possession is not greater than the amount recommended in the healthcare professional’s written certification.