H2225 — An Act relative to harm reduction and racial justice

Summary

An Act relative to harm reduction and racial justice

Bill Text

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Compared against the Massachusetts General Laws as published AI-generated reading aid — verify against the official bill.

The bill amends existing law related to controlled substances and includes provisions for resentencing individuals previously convicted under certain conditions.

• Chapter 94C, section 34

  No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter, any person who violates this section shall be subjected to receiving a written list of resources in lieu of a citation → No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter, any person who violates this section shall be subjected to receiving a written list of resources in lieu of a citation. In any criminal proceeding, no finding or determination of reasonable cause to believe a crime has been committed shall be based solely on evidence of the use or possession of a controlled substance; provided, however, that this paragraph shall not apply when a law enforcement officer is investigating whether a person is operating a motor vehicle while impaired by drugs in violation of M.G.L. c. 90 § 24.

  The amendment clarifies that evidence of drug use or possession cannot solely justify determining that a crime has occurred, except in cases involving impaired driving.

• Chapter 94C, section 32L

  Section 32L

  The bill eliminates section 32L from Chapter 94C.

• Chapter 94C, section 40

  Section 40

  The bill removes section 40 from Chapter 94C.

• Chapter 278, section 28F

  28F. Motion for resentence; persons convicted of controlled substance offenses (a) When a person is serving a sentence for a conviction in this state, whether by trial verdict or guilty plea, under Chapter 94C, section 32, including conspiracy to commit such an offense, prior to PASSAGE OF BILL DATE and such persons’ conduct as alleged in the accusatory instrument or shown by the guilty plea or trial verdict would not have been a crime under the same Chapter on or after PASSAGE OF BILL DATE, then the chief justice of the trial court shall, in accordance with this section, automatically vacate, dismiss and expunge such conviction. (b) The court administrator of the trial court shall immediately notify the department of criminal justice information services, the department of corrections and the appropriate local correctional facility, which shall immediately effectuate the appropriate relief. (c) The division of criminal justice record services shall notify all relevant police and law enforcement agencies to destroy or seal records related to such cases. (d) A person who was sentenced for a conviction in this state, whether by trial verdict or guilty plea, under Chapter 94C, section 32 prior to BILL PASSAGE DATE in conjunction with another criminal offense, shall be resentenced by the trial court of conviction and any time served shall be credited against the new sentence imposed.

  The addition creates a procedure for vacating and expunging convictions related to controlled substances if those actions would not be crimes under the new law.

Sponsors

• Samantha Montaño · Primary

Subjects