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HOUSE DOCKET, NO. 4081        FILED ON: 2/3/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3910


The Commonwealth of Massachusetts



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 protection of persons seeking treatment for substance addiction.






Claire D. Cronin

11th Plymouth

Michael D. Brady

9th Plymouth

Denise C. Garlick

13th Norfolk

Ann-Margaret Ferrante

5th Essex

Jeffrey N. Roy

10th Norfolk

Gailanne M. Cariddi

1st Berkshire

Frank A. Moran

17th Essex

Diana DiZoglio

14th Essex

Paul J. Donato

35th Middlesex

Shawn Dooley

9th Norfolk

Carole Fiola

6th Bristol

Paul R. Heroux

2nd Bristol

Paul W. Mark

2nd Berkshire

Louis L. Kafka

8th Norfolk

John J. Lawn, Jr.

10th Middlesex

Randy Hunt

5th Barnstable

Geoff Diehl

7th Plymouth

James R. Miceli

19th Middlesex

William Smitty Pignatelli

4th Berkshire

HOUSE DOCKET, NO. 4081        FILED ON: 2/3/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3910

By Ms. Cronin of Easton, a petition (subject to Joint Rule 12) of Claire D. Cronin relative to the penalty for illegal sales of controlled substances in the vicinity of premises providing services for substance addiction.  The Judiciary. 


The Commonwealth of Massachusetts



In the Year Two Thousand Fourteen



An Act relative to protection of persons seeking treatment for substance addiction.


              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. 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.

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