reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 22 - Contents of Prescription Written by Practitioner

Section 22. (a) A practitioner who dispenses a controlled substance by issuing a written or electronic prescription shall state on the prescription the name, address and registration number of the practitioner, the date of delivery of the prescription, the name, dosage and strength per dosage unit of the controlled substance, the name and address of the patient unless it is a veterinary prescription, the directions for use and any cautionary statements required, and a statement indicating the number of times to be refilled.
(b) A practitioner who dispenses by delivering to an ultimate user a controlled substance which is not for immediate administration shall package the controlled substance in a container, affixing to the container a label bearing the practitioner's name and address, the date of dispensing, the name of the patient unless it is a veterinary prescription, the name, dosage and strength per dosage unit, of the controlled substance, directions for use and any necessary cautionary statements.
(c) Any prescription issued by a practitioner for an opioid substance contained in Schedule II of section 3 shall include a notation on the prescription that the patient may fill, upon request, the prescription in compliance with subsection (d3/4) of section 18 in an amount not to exceed the full prescribed quantity.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 24 - Dispensing by Practitioner for Narcotic Drug Research or Treatment of Drug Dependent Persons

Section 24. (a) If the commissioner determines that a research subject or patient is receiving a controlled substance from more than one source and in quantities which he determines to be harmful to the health of such research subject or patient, said commissioner shall so notify the practitioners who have dispensed the controlled substance.
(b) In order to prevent the dispensing of controlled substances to the same individual from multiple sources or the unlawful diversion of controlled substances, the commissioner shall, pursuant to the provisions of chapter 30A, adopt rules and regulations for carrying out the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 24b - Mean and Median Quantity and Volume of Prescriptions for Opiates; Notification of Practitioner's Own Percentile Ranking

Section 24B. The department shall annually determine, through the prescription drug monitoring system established in section 24A, the mean and median quantity and volume of prescriptions for opiates contained in Schedules II and III of section 3 issued by practitioners registered under section 7; provided, however, that mean and median prescription quantities and volumes shall be determined within categories of practitioners of a similar specialty or practice type as determined by the department.
The department shall work in conjunction with the respective boards of licensure to annually determine each practitioner's Schedule II and Schedule III opiate prescribing quantity and volume and the practitioner's standing with regard to the mean and median quantity and volume for the practitioner's category of specialty or practice type; provided, however, that the practitioner's standing shall be expressed as a percentile ranking for the practitioner within the practitioner's category. Each practitioner whose prescribing exceeds the mean or median within the practitioner's category shall be sent notice of the practitioner's percentile ranking in a manner determined by the department. Any practitioner may request the practitioner's own percentile ranking within the practitioner's own category of practice. The ranking determined for each practitioner shall be confidential, and shall be distributed by the department or by the relevant board of licensure only to the practitioner to which the information pertains. Such information shall not; (a) constitute a public record as defined in clause twenty-sixth of section 7 of chapter 4; (b) be admissible as evidence in a civil or criminal proceeding; or (c) be the sole basis for investigation by a licensure board.
The department shall also coordinate with the respective boards of licensure to make resources available to prescribers regarding ways to change prescribing practices and incorporate alternative pain management options into a prescriber's practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 25 - Restrictions

Section 25. No person—
(1) who is subject to the requirements of sections six and seven and twelve to seventeen, inclusive, shall dispense a controlled substance in violation of said section seventeen;
(2) shall distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or manufacturer a controlled substance not authorized by his registration;
(3) who is a registrant shall distribute a controlled substance in violation of section sixteen;
(4) shall remove, alter, or obliterate a symbol or label required by federal law and the laws of the commonwealth;
(5) shall refuse or fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this chapter;
(6) shall refuse any entry into any premises or inspection authorized by this chapter;
(7) shall remove, break, injure, or deface a seal placed upon controlled substances pursuant to this chapter, or remove or dispose of substances so placed under seal;
(8) shall use, to his own advantage, or reveal, other than to duly authorized officers or employees of the United States or of the commonwealth or to the courts when relevant in any judicial proceeding under this chapter, any information acquired in the course of an inspection authorized by this chapter concerning any method or process which is a trade secret.
No person who is a registrant shall manufacture a controlled substance in Schedule I or II which is not expressly authorized by his registration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 26 - Distribution in Course of Business in Violation of Sec. 16 or Furnishing False Information in Application, etc., Prohibited

Section 26. No person who is a registrant shall knowingly or intentionally;
(1) distribute a controlled substance classified in Schedule I or II in the course of his legitimate business, except pursuant to an order or an order form as required by section sixteen; or
(2) furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed pursuant to the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 27 - Sale of Hypodermic Syringes or Hypodermic Needles

Section 27. Hypodermic syringes or hypodermic needles for the administration of controlled substances by injection may be sold in the commonwealth only by a pharmacist or wholesale druggist licensed under the provisions of chapter 112, a manufacturer of or dealer in surgical supplies or a manufacturer of or dealer in embalming supplies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 29 - Educational Programs for Prevention of Abuse of Controlled Substances

Section 29. (a) The commissioner in cooperation with the commissioner of mental health and the commissioner of education shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs he shall:
(1) promote better recognition of the problem of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(2) assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(3) consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(4) evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(5) disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and
(6) assist the attorney general in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
(b) The commissioner shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this chapter, he shall:
(1) establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;
(2) make studies and undertake programs of research to:
(i) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter;
(ii) determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(iii) improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and
(3) enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.
(c) The commissioner and the commissioner of mental health may enter into contracts for educational and research activities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32 - Class a Controlled Substances; Unlawful Manufacture, Distribution, Dispensing or Possession With Intent to Manufacture, etc.; Eligibility for Parole

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 thirty-one shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and one-half years or 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 31/2 nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 31/2 years and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum 31/2 year term of imprisonment, as established herein.
(c) Any person serving a mandatory minimum sentence for violating any provision of this section shall be eligible for parole after serving one-half of the maximum term of the sentence if the sentence is to the house of correction, except that such person shall not be eligible for parole upon a finding of any 1 of the following aggravating circumstances:
(i) the defendant 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;
(ii) the defendant engaged in a course of conduct whereby he directed the activities of another who committed any felony in violation of chapter 94C; or
(iii) the offense was committed during the commission or attempted commission of a violation of section 32F or section 32K of chapter 94C.
A condition of such parole may be enhanced supervision; provided, however, that such enhanced supervision may, at the discretion of the parole board, include, but shall not be limited to, the wearing of a global positioning satellite tracking device or any comparable device, which shall be administered by the board at all times for the length of the parole.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32a - Class B Controlled Substances; Unlawful Manufacture, Distribution, Dispensing or Possession With Intent to Manufacture, Etc.

[Text of section applicable as provided by 2018, 69, Sec. 238.]
Section 32A. (a) 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 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 21/2 years, or by a fine of not less than $1,000 nor more than $10,000, or 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 under this or any other 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 10 years, by a term of imprisonment in the state prison for not more than 10 years and by a fine of not less than $2,500 and not more than $25,000, or by a fine of not more than $25,000.
(c) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense phencyclidine or a controlled substance defined in clause (4) of paragraph (a) or in clause (2) of paragraph (c) of Class B of section 31 shall be punished by a term of imprisonment in the state prison for not more than 10 years, a term of imprisonment in the state prison for not more than 10 years and a fine of not less than $1,000 and not more than $10,000, by imprisonment in a jail or house of correction for not more than 21/2 years, by imprisonment in a jail or house of correction for not more than 21/2 years and a fine of not less than $1,000 and not more than $10,000, or by a fine of not more than $10,000.
(d) Any person convicted of violating the provisions of subsection (c) 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 in section 31 or of any offense of any other jurisdiction, either 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, a term of imprisonment in the state prison for not more than 15 years and a fine of not less than $2,500 nor more than $25,000 or a fine of not more than $25,000.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32b - Class C Controlled Substances; Unlawful Manufacturer, Distribution, Dispensing or Possession With Intent to Manufacture, Etc.

[Text of section applicable as provided by 2018, 69, Sec. 238.]
Section 32B. (a) 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 31 shall be imprisoned in state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $500 nor more than $5,000, or 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 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 10 years, a term of imprisonment in the state prison for not more than 10 years and a fine of not less than $1,000 nor more than $10,000, a term of imprisonment in a jail or house of correction for not more than 21/2 years, a term of imprisonment in a jail or house of correction for not more than 21/2 years and a fine of not less than $1,000 nor more than $10,000, or a fine of not more than $10,000.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32c - Class D Controlled Substances; Unlawful Manufacture, Distribution, Dispensing, Cultivation or Possession With Intent to Manufacture, Etc.

Section 32C. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a controlled substance in Class D of section thirty-one shall be imprisoned in a jail or house of correction for not more than two years or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.
[Subsection (b) applicable as provided by 2018, 69, Sec. 238.]
(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing, cultivating or possessing with intent to manufacture, distribute, dispense or cultivate a controlled substance as defined by section thirty-one 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 a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32d - Class E Controlled Substances; Unlawful Manufacture, Distribution, Dispensing, or Possession With Intent to Manufacture, Etc.

Section 32D. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class E of section thirty-one shall be imprisoned in a jail or house of correction for not more than nine months, or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, or 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 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 a jail or house of correction for not more than one and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32g - Counterfeit Substances; Unlawful Creation, Distribution, Dispensing or Possession With Intent to Distribute or Dispense

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 less than two hundred and fifty nor more than two thousand and five hundred dollars, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32h - Prosecutions Not to Be Continued or Placed on File; Suspension or Reduction of Sentence; Eligibility for Parole, Etc.

[Text of section applicable as provided by 2018, 69, Sec. 238.]
Section 32H. A prosecution commenced under paragraph (b) of section thirty-two, paragraphs (b), (c) and (d) of section thirty-two A, paragraph (b) of section thirty-two B, sections thirty-two E thirty-two F and thirty-two J shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating paragraph (b) of section 32 or sections 32E, 32F or 32J shall not be reduced to less than the mandatory minimum term of imprisonment as established in said section, nor shall any sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory minimum term of imprisonment.
A person convicted of violating paragraph (b) of section 32 or sections 32E, 32F or 32J shall not, until he shall have served the mandatory minimum term of imprisonment established in said sections, be eligible for probation, furlough, work release or receive any deduction from his sentence for good conduct under sections 129C and 129D of chapter 127, except as authorized pursuant to section 32H1/2, nor shall he be eligible for parole except as authorized pursuant to subsection (c) of Section 32 or subsection (d) of section 32E section 32H1/2; provided, however, that the commissioner of correction, on the recommendation of the warden, superintendent or other person in charge of the correctional institution, or a sheriff, on the recommendation of the administrator of a county correctional institution, may grant to said offender a temporary release, subject to the rules and regulations of the institution and under the direction, control and supervision of the officers thereof, for the following purposes: (1) to attend the funeral of a relative, to visit a critically ill relative, to obtain emergency medical or psychiatric services unavailable at said institution; (2) to participate in education, training, or employment programs established under section 48 of chapter 127; (3) to participate in a program to provide services under section 49B or 49C of chapter 127; or (4) to engage in employment under a work release program under sections 49, 49A, 86F or 86G of chapter 127. Section 87 of chapter 276 shall not apply to any person, 18 years of age or older, charged with a violation of said sections, or to any child between age 14 and 18, so charged by indictment under section 54 of chapter 119.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32h1/2 - Good Behavior Deductions From Sentence After Serving Mandatory Minimum Term of Imprisonment; Eligibility; Parole; Work Release

[Text of section effective for any sentence for an offense committed after January 13, 2019. See 2018, 72, Sec. 16.]
Section 32H1/2. (a) As used in this section, ''ineligible offender'' shall mean a person sentenced to a mandatory minimum term of imprisonment in the state prison upon conviction for: (i) violating section 32, subsections (c), (c1/2) or (c3/4) of section 32E, section 32F or section 32K; or (ii) violating this chapter upon a finding of 1 of the following aggravating circumstances: (A) the person used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in subsection (b) of section 10 of chapter 269, or induced another participant to do so, during the commission of the offense; (B) the person engaged in a course of conduct whereby such person directed the activities of another who committed a felony in violation of this chapter; or (C) the offense was committed during the commission or attempted commission of a violation of section 32F or 32K.
(b) No person serving a mandatory minimum term of imprisonment in the state prison for violating any provision of this chapter as set forth in section 32H shall be eligible for deductions from his sentence for good conduct under subsection (b) of section 129D of chapter 127 until he shall have served such mandatory minimum term of imprisonment. Any person serving a mandatory minimum term of imprisonment in the state prison for violating any provision of this chapter as set forth in section 32H shall be eligible for deductions from his sentence for good conduct under subsection (d) of section 129D of chapter 127, except that an ineligible offender serving such a mandatory minimum term shall not be eligible for such deductions until the ineligible offender shall have served such mandatory minimum term of imprisonment.
(c) Notwithstanding subsection (i) of section 130B of chapter 127, any person serving a mandatory minimum term of imprisonment for violating any provision of this chapter set forth in section 32H shall be eligible for a parole permit pursuant to section 130B of chapter 127 on the date determined under subsection (a) of said section 130B, except that an ineligible offender shall not be eligible for such a permit until the ineligible offender shall have served such mandatory minimum term of imprisonment.
(d) Any person serving a mandatory minimum term of imprisonment in the state prison for violating any provision of this chapter set forth in section 32H shall be eligible for work release, except that an ineligible offender serving such a mandatory minimum term shall not be eligible for work release until such ineligible offender has served such mandatory minimum term of imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32i - Drug Paraphernalia; Sale, Possession or Manufacture With Intent to Sell; Penalty; Sale of Tobacco Rolling Papers

[Subsection (a) applicable as provided by 2018, 69, Sec. 238.]
Section 32I. (a) No person shall sell, possess or purchase with intent to sell, or manufacture with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Whoever violates any provision of this paragraph shall be punished by imprisonment in jail or house of correction for not more than two years, or by a fine of not more than five thousand dollars, or both.
(b) Any person who violates the foregoing provision by selling drug paraphernalia to a person under eighteen years of age shall be imprisoned in the state prison for not less than three nor more than five years, or by a fine of not less than one thousand nor more than five thousand dollars, or both.
(c) On any premises where tobacco rolling papers are sold, the person in control of such premises shall cause to be displayed in a prominent place therein a printed warning that such papers shall not be used in conjunction with the possession of a controlled substance the possession of which is punishable by a fine or imprisonment. Whoever violates the provisions of this subsection shall be punished by a fine of not less than fifty nor more than two hundred dollars.
(d) This section shall not apply to the sale of hypodermic syringes or hypodermic needles pursuant to section 27.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32j - Controlled Substances Violations In, on or Near School Property or Public Parks or Playgrounds

[Text of section applicable as provided by 2018, 69, Sec. 237.]
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 less than 21/2 nor more than 15 years or by imprisonment in a jail or house of correction for not less than 2 nor more than 21/2 years. No sentence imposed pursuant to this section shall be for less than a mandatory minimum term of imprisonment of 2 years. A fine of not less than $1,000 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum 2 year term of imprisonment as established herein. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32k - Inducing or Abetting Minor to Distribute or Sell Controlled Substances

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 less than five years nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than one thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum five year term of imprisonment established herein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32m - Possession of 2 Ounces or Less of Marihuana; Drug Awareness Program

Section 32M. An offender under the age of eighteen is required to complete a drug awareness program within one year of the offense for possession of 2 ounces or less of marihuana. In addition to the civil penalties authorized by Section 32L and 32N of this Chapter, the failure of such an offender to complete such a program may be a basis for delinquency proceedings for persons under the age of 18 at the time of their offense. The drug awareness program must provide at least four hours of classroom instruction or group discussion and ten hours of community service. In addition to the programs and curricula it must establish and maintain pursuant to Section 7 of Chapter 18A of the General Laws, the bureau of educational services within the department of youth services or any successor to said bureau shall develop the drug awareness programs. The subject matter of such drug awareness programs shall be specific to the use and abuse of marihuana and other controlled substances with particular emphasis on early detection and prevention of abuse of substances.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 32n - Possession of One Ounce or Less of Marihuana; Enforcement Consistent With Non-Criminal Disposition Provisions of Sec. 21d of Chapter 40; Duty of Police Department; Notice; Failure to File Certificate of Completion of Drug Awareness Program

Section 32N. The police department serving each political subdivision of the Commonwealth shall enforce Section 32L in a manner consistent with the non-criminal disposition provisions of Section 21D of Chapter 40 of the General Laws, as modified in this Section.
The person in charge of each such department shall direct the department's public safety officer or another appropriate member of the department to function as a liaison between the department and persons providing drug awareness programs pursuant to Section 32M of this Chapter and the Clerk–Magistrate's office of the District Court serving the political subdivision. The person in charge shall also issue books of non-criminal citation forms to the department's officers which conform with the provisions of this Section and Section 21D of Chapter 40 of the General Laws.
In addition to the notice requirements set forth in Section 21D of Chapter 40 of the General Laws, a second copy of the notice delivered to an offender under the age of eighteen shall be mailed or delivered to at least one of that offender's parents having custody of the offender, or, where there is no such person, to that offender's legal guardian at said parent or legal guardian's last known address. If an offender under the age of eighteen, a parent or legal guardian fails to file with the Clerk of the appropriate Court a certificate that the offender has completed a drug awareness program in accordance with Section 32M within one year of the relevant offense, the Clerk shall notify the offender, parent or guardian and the enforcing person who issued the original notice to the offender of a hearing to show cause why the civil penalty should not be increased to one thousand dollars. Factors to be considered in weighing cause shall be limited to financial capacity to pay any increase, the offender's ability to participate in a compliant drug awareness program and the availability of a suitable drug awareness program. Any civil penalties imposed under the provisions of ''An Act Establishing A Sensible State Marihuana Policy'' shall inure to the city or town where the offense occurred.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 33 - Unlawful Use of Registration Numbers in Manufacture or Distribution, or Fraudulently Obtaining Possession, of Controlled Substances; Criminal Penalties

Section 33. (a) No person shall knowingly or intentionally use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person.
(b) No person shall utter a false prescription for a controlled substance, nor knowingly or intentionally acquire or obtain possession of a controlled substance by means of forgery, fraud, deception or subterfuge, including but not limited to the forgery or falsification of a prescription or the nondisclosure of a material fact in order to obtain a controlled substance from a practitioner.
(c) Whoever violates any provision of this section shall be punished by imprisonment in the state prison for not more than four years or in a house of correction for not more than two and one half years or by a fine of not more than twenty thousand dollars, or by both such fine and imprisonment. Whoever violates any provision of this section after one or more prior convictions of a violation of this section, or of a felony under any other provision of this chapter, or under a provision of prior law relative to the sale or manufacture of a narcotic drug or a harmful drug as defined in said earlier law shall be punished by imprisonment in the state prison for not more than eight years or in a jail or house of correction for not more than two and one half years, or by a fine of not more than thirty thousand dollars or by both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 34a - Immunity From Prosecution Under Sec. 34 or Finding of Violation of Condition of Probation, Pretrial Release or Parole for Persons Seeking Medical Assistance for Self or Other Experiencing Drug-Related Overdose

Section 34A. (a) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance under section 34 or found in violation of a condition of probation or pretrial release as determined by a court or a condition of parole, as determined by the parole board if the evidence for the charge of possession of a controlled substance or violation was gained as a result of the seeking of medical assistance.
(b) A person who experiences a drug-related overdose and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance, shall not be charged or prosecuted for possession of a controlled substance under said section 34 or found in violation of a condition of probation or pretrial release as determined by a court or a condition of parole, as determined by the parole board if the evidence for the charge of possession of a controlled substance or violation was gained as a result of the overdose and the need for medical assistance.
(c) The act of seeking medical assistance for someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution under the Controlled Substance Act, 1970 P.L. 91–513, 21 U.S.C. section 801, et seq.
(d) Nothing contained in this section shall prevent anyone from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute.
(e) A person acting in good faith may receive a naloxone prescription, possess naloxone and administer naloxone to an individual appearing to experience an opiate-related overdose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 36 - Protective Custody of Children Found Present Where Controlled Substances Are Unlawfully Kept or Possessed

Section 36. Notwithstanding the provisions of section thirty-five, if a police officer finds a child present where said officer finds a substance which he reasonably believes to be a controlled substance listed in Class A, B, or C of section thirty-one kept or possessed in violation of any provision of this chapter, and if the police officer reasonably believes that the child has not reached his eighteenth birthday and that the child knew of the presence of such controlled substance, the police officer may lawfully take such child into protective custody for a period not to exceed four hours. Persons having custody of a child under this section shall make reasonable efforts to notify the child's parent or guardian or other person having lawful custody. Such persons shall be considered to be acting in the conduct of their official duties and shall not be held criminally or civilly liable for such acts. A child detained pursuant to the provisions of this section shall not be considered to have been arrested or to have a criminal record for any purpose; however, only a departmental record of custody shall be made by the officer indicating the circumstances of custody. The procedures and processes provided by this section for the care, protection, and custody of children are not exclusive but are in addition to all others provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 37 - Theft of Controlled Substances From Persons Authorized to Dispense or Possess

Section 37. Whoever steals a controlled substance from a registered manufacturer, wholesale druggist, pharmacy or other person authorized to dispense or possess any controlled substance shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 38 - Violation of Secs. 24(a), 25, 26 or 27

Section 38. Any person who knowingly violates any provision of subsection (a) of section twenty-four, or of section twenty-five, twenty-six or twenty-seven shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both. Whoever violates any of the provisions of any of said sections after one or more prior convictions of a violation of any provision of this chapter or of a provision of prior law relating to the sale or manufacture of narcotic drugs or harmful drugs as defined in said prior law shall be punished by imprisonment for not more than two years or by a fine of not more than two thousand dollars, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 39 - Violation of Secs. 21 or 22

Section 39. Any person who knowingly violates any provision of sections twenty-one or twenty-two shall be punished by imprisonment for not more than six months or by a fine of not more that fifteen hundred dollars, or by both. Whoever violates any of the provisions of said sections after one or more prior convictions of a violation of any provision of this chapter, or of a provision of prior law relating to narcotic drugs or harmful drugs as defined in said prior law shall be punished by imprisonment for not more than two years or by a fine of not more than two thousand dollars, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 41 - Arrest Without Warrant

Section 41. A police officer shall have the authority to arrest without a warrant:
(a) any person committing in his presence any offense set forth in this chapter;
(b) any person who he has probable cause to believe has committed or is committing a felony set forth under the provisions of this chapter; or
(c) any person who he has probable cause to believe has committed or is committing a violation of the provisions of sections twenty-seven, thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-three, thirty-four, thirty-five, thirty-seven and forty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 42 - Cooperation With Federal and Other State Agencies

Section 42. The commissioner and the attorney general shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end they may:
(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(2) Coordinate and cooperate in training programs concerning the enforcement of laws governing controlled substances at local and state levels;
(3) Cooperate with the bureau by establishing a centralized unit to accept, catalog, file and collect statistics including statistics regarding drug dependent persons and controlled substance law offenders within the commonwealth and make the information available for federal, state and local law enforcement purposes, provided that they shall not furnish the name or identity of a patient or research subject; and
(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 43 - Conformity With Federal Acts

Section 43. Notwithstanding any other provisions of this chapter, no practitioner shall dispense, distribute, administer, or possess any controlled substance except in conformity with the provisions of the Federal ''Comprehensive Drug Abuse Prevention and Control Act of 1970'' or any amendment thereof and the Federal Food, Drug and Cosmetic Act.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 44 - Violations of Sec. 34; Acquittal, Dismissal or Indictment Nol Prossed; Sealing of Records

Section 44. If any person is found not guilty of the violation of any provision of section thirty-four or if a complaint against him is dismissed or an indictment nol prossed for a violation of said section, the court shall order all official records relating to his arrest, indictment, conviction, continuance or discharge to be sealed; provided, however, that departmental records maintained by police and other law enforcement agencies which are not public records shall not be sealed.
No person as to whom such sealing has been ordered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise making a false statement by reason of his failure to recite or acknowledge such arrest, indictment, disposition, sealing or any other related court proceeding, in response to any inquiry made of him for any purpose.