CONTROLLED SUBSTANCES ACT

M.G.L. pt. Part I, tit. Title XV, ch. c. 94C

in effect

M.G.L. c. 94C, § 1 Definitions

c. 94C, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Administer'', the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by-- (a) a practitioner, or (b) a nurse at the direction of a practitioner in the course of his professional practice, or (c) a registered pharmacist acting in accordance with: (i) regulations promulgated by the department, in consultation with the board of registration in pharmacy and the department of mental health, governing pharmacist administration of medications for treatment of mental health and substance use disorder and at the direction of a prescribing practitioner in the course of the practitioner's professional practice; (ii) a prescription for testosterone for gender-affirming care in the course of the practitioner's professional practice; or (iii) a prescription for the treatment and prevention of sexually transmitted infections, including those defined in regulation by the department pursuant to section 121B of chapter 111 or for the prevention of HIV; or (d) an ultimate user or research subject at the direction of a practitioner in the course of the practitioner's professional practice. "Agent'', an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier's or warehouseman's business. "Bureau'', the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency. "Class'', the lists of controlled substances for the purpose of determining the severity of criminal offenses under this chapter. "Commissioner'', the commissioner of public health. "Controlled substance'', a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter. "Controlled substance analogue'', (i) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and which has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; or (ii) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in said section 31 and with respect to a particular person, which such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; provided, however, that "controlled substance analogue'' shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception in effect for investigational use for that person, under section 8, to the extent conduct with respect to the substance is pursuant to such exemption; or (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that for the purposes of this chapter, a "controlled substance analogue'' shall be treated as the Class A, B, C, D or E substance of which it is a controlled substance analogue. "Counterfeit substance'', a substance which is represented to be a particular controlled drug or substance, but which is in fact not that drug or substance. "Deliver'', to transfer, whether by actual or constructive transfer, a controlled substance from one person to another, whether or not there is an agency relationship. "Department'', the department of public health. "Depressant or stimulant substance'', (a) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; or any derivative of barbituric acid which the United States Secretary of Health, Education, and Welfare has by regulation designated as habit forming; or (b) a drug which contains any quantity of amphetamine or any of its optical isomers; any salt of amphetamine or any salt of an optical isomer of amphetamine; or any substance which the United States Attorney General has by regulation designated as habit forming because of its stimulant effect on the central nervous system; or (c) lysergic acid diethylamide; or (d) any drug except marihuana which contains any quantity of a substance which the United States Attorney General has by regulation designated as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. "Dispense'', to deliver a controlled substance to an ultimate user or research subject or to the agent of an ultimate user or research subject by a practitioner or pursuant to the order of a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling, or compounding necessary for such delivery. "Distribute'', to deliver other than by administering or dispensing a controlled substance. "Drug'', (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (c) substances, other than food, intended to affect the structure, or any function of the body of man and animals; or (d) substances intended for use as a component of any article specified in clauses (a), (b) or (c), exclusive of devices or their components, parts or accessories. "Drug paraphernalia'', all equipment, products, devices and materials of any kind which are primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to: (1) kits used, primarily intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) kits used, primarily intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; (3) isomerization devices used, primarily intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) testing equipment used, primarily intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; (5) scales and balances used, primarily intended for use or designed for use in weighing or measuring controlled substances; (6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, primarily intended for use or designed for use in cutting controlled substances; (7) separation gins and sifters used, primarily intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana; (8) blenders, bowls, containers, spoons and mixing devices used, primarily intended for use or designed for use in compounding controlled substances; (9) capsules, balloons, envelopes and other containers used, primarily intended for use or designed for use in packaging small quantities of controlled substances; (10) containers and other objects used, primarily intended for use or designed for use in storing or concealing controlled substances; (12) objects used, primarily intended for use or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as: (a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, which pipes may or may not have screens, permanent screens, hashish heads or punctured metal bowls; (b) water pipes; (c) carburetion tubes and devices; (d) smoking and carburetion masks; (e) roach clips; meaning objects used to hold burning material, such as a marihuana cigarette that has become too small or too short to be held in the hand; (f) miniature cocaine spoons and cocaine vials; (g) chamber pipes; (h) carburetor pipes; (i) electric pipes; (j) air-driven pipes; (k) chillums; (l) bongs; (m) ice pipes or chillers; (n) wired cigarette papers; (o) cocaine freebase kits. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (a) the proximity of the object, in time and space, to a direct violation of this chapter; (b) the proximity of the object to controlled substances; (c) the existence of any residue of controlled substances on the object; (d) instructions, oral or written, provided with the object concerning its use; (e) descriptive materials accompanying the object which explain or depict its use; (f) national and local advertising concerning its use; (g) the manner in which the object is displayed for sale; (h) whether the owner, or anyone in control of the object, is a supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (i) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (j) the existence and scope of legitimate uses for the object in the community; (k) expert testimony concerning its use. For purposes of this definition, the phrase "primarily intended for use'' shall mean the likely use which may be ascribed to an item by a reasonable person. For purposes of this definition, the phrase "designed for use'' shall mean the use a reasonable person would ascribe to an item based on the design and features of said item. "Electronic prescription'', a lawful order from a practitioner for a drug or device for a specific patient that is generated on an electronic prescribing system that meets federal requirements for electronic prescriptions for controlled substances, and is transmitted electronically to a pharmacy designated by the patient without alteration of the prescription information, except that third-party intermediaries may act as conduits to route the prescription from the prescriber to the pharmacist; provided however, that electronic prescription shall not include an order for medication, which is dispensed for immediate administration to the ultimate user; and provided further, that the electronic prescription shall be received by the pharmacy on an electronic system that meets federal requirements for electronic prescriptions. For the purposes of this chapter, a prescription generated on an electronic system that is printed out or transmitted via facsimile is not considered an electronic prescription. "Extended-release long-acting opioid in a non-abuse deterrent form'', a drug that is: (i) subject to the United States Food and Drug Administration's extended release and long-acting opioid analgesics risk evaluation and mitigation strategy; (ii) an opioid approved for medical use that does not meet the requirements for listing as a drug with abuse deterrent properties pursuant to section 13 of chapter 17; and (iii) identified by the drug formulary commission pursuant to said section 13 of said chapter 17 as posing a heightened level of public health risk. "Immediate precursor'', a substance which the commissioner has found to be and by rule designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. "Isomer'', the optical isomer, except that wherever appropriate it shall mean the optical, position or geometric isomer. "Licensed certified professional midwife'', a midwife licensed to practice by the board of registration in midwifery pursuant to section 293 of chapter 112. "Manufacture'', the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, including any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance: (a) by a practitioner as an incident to his administering a controlled substance in the course of his professional practice, or (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale, or (c) by a pharmacist in the course of his professional practice. [ Definition of "Marihuana'' effective until April 19, 2026. Deleted by 2026, 65, Sec. 6.] "Marihuana'', all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. [ Definition of "Marijuana'' or "marihuana'' inserted by 2026, 65, Sec. 6 effective April 19, 2026.] "Marijuana'' or "marihuana'', all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its resin including tetrahydrocannabinol; provided, however, that marijuana shall not include: (i) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake made from the seeds of the plant; (ii) the seeds of the plant; (iii) hemp; or (iv) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. "Medication order'', an order for medication entered on a patient's medical record maintained at a hospital, other health care facility or ambulatory health care setting registered under this chapter that is dispensed only for immediate administration at the facility to the ultimate user by an individual who administers such medication under this chapter. "Narcotic drug'', any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (a), but not including the isoquinoline alkaloids of opium; (c) Opium poppy and poppy straw; (d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. "Nuclear pharmacy'', a facility under the direction or supervision of a registered pharmacist which is authorized by the board of registration in pharmacy to dispense radiopharmaceutical drugs. "Nurse'', a nurse registered or licensed pursuant to the provisions of section seventy-four or seventy-four A of chapter one hundred and twelve, a graduate nurse as specified in section eighty-one of said chapter one hundred and twelve or a student nurse enrolled in a school approved by the board of registration in nursing. "Nurse anesthetist'', a nurse with advanced training authorized to practice by the board of registration in nursing as a nurse anesthetist in an advanced practice nursing role as provided in section 80B of chapter 112. "Nurse practitioner'', a nurse with advanced training who is authorized to practice by the board of registration in nursing as a nurse practitioner, as provided for in section eighty B of chapter one hundred and twelve. "Opiate'', any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section two, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts, dextromethorphan. It does include its racemic and levorotatory forms. "Opium poppy'', the plant of the species Papaver somniferum L., except its seeds. "Oral prescription'', an oral order for medication which is dispensed to or for an ultimate user, but not including an order for medication which is dispensed for immediate administration to the ultimate user by an individual who is authorized to administer such medication under this chapter. "Outsourcing facility,'' an entity at 1 geographic location or address that: (i) is engaged in the compounding of sterile drug preparations; (ii) has registered with the federal Food and Drug Administration as an outsourcing facility pursuant to 21 U.S.C. section 353b; and (iii) has registered with the board of registration in pharmacy pursuant to section 36E of chapter 112. "Person'', individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. "Pharmacist'', any pharmacist registered in the commonwealth to dispense controlled substances, and including any other person authorized to dispense controlled substances under the supervision of a pharmacist registered in the commonwealth. "Pharmacy'', a facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances, including but not limited to "retail drug business'' as defined below. "Physician assistant'', a person who is a graduate of an approved program for the training of physician assistants who is supervised by a registered physician in accordance with sections nine C to nine H, inclusive, of chapter one hundred and twelve. "Poppy straw'', all parts, except the seeds of the opium poppy, after mowing. "Practitioner'', (a) A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person registered to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth; (b) A pharmacy, hospital, or other institution registered to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in the commonwealth. (c) An optometrist authorized by sections 66, 66B and 66C of chapter 112 and registered pursuant to paragraph (h) of section 7 to utilize and prescribe therapeutic pharmaceutical agents in the course of professional practice in the commonwealth. (d) A nurse practitioner registered pursuant to subsection (f) of section 7 and authorized by section 80E of chapter 112 to distribute, dispense, conduct research with respect to or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in the commonwealth. (e) A nurse anesthetist registered pursuant to subsection (f) of section 7 and authorized by section 80H of chapter 112 to distribute, dispense, conduct research with respect to or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in the commonwealth. (f) A psychiatric nurse mental health clinical specialist registered pursuant to subsection (f) of section 7 and authorized by section 80J of chapter 112 to distribute, dispense, conduct research with respect to or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in the commonwealth. "Prescription drug'', any and all drugs upon which the manufacturer or distributor has, in compliance with federal law and regulations, placed the following: "Caution, Federal law prohibits dispensing without prescription''. "Production'', includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. "Radiopharmaceutical drug'', any drug which is radioactive as defined in the Federal Food, Drug and Cosmetic Act. "Registrant'', a person who is registered pursuant to any provision of this chapter. "Registration'', unless the context specifically indicates otherwise, such registration as is required and permitted only pursuant to the provisions of this chapter. "Registration number'', such registration number or numbers, either federal or state, that are required with respect to practitioners by appropriate administrative agencies. "Retail drug business'', a store for the transaction of "drug business'' as defined in section thirty-seven of chapter one hundred and twelve. "Schedule'', the list of controlled substances established by the commissioner pursuant to the provisions of section two for purposes of administration and regulation. "State'', when applied to a part of the United States other than Massachusetts includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. "Tetrahydrocannabinol'', tetrahydrocannabinol or preparations containing tetrahydrocannabinol excluding marihuana except when it has been established that the concentration of delta-9 tetrahydrocannabinol in said marihuana exceeds two and one-half per cent. "Ultimate user'', a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for the use of a patient in a facility licensed by the department or for administering to an animal owned by him or by a member of his household. "Written prescription'', a lawful order from a practitioner for a drug or device for a specific patient that is communicated directly to a pharmacist in a licensed pharmacy; provided, however, that "written prescription'' shall not include an order for medication which is dispensed for immediate administration to the ultimate user by a an individual who is authorized to administer such medication under this chapter.

M.G.L. c. 94C, § 2 Establishment of schedules of drugs or other controlled substances

c. 94C, § 2. Establishment of schedules of drugs or other controlled substances Section 2. (a) For the purpose of administration and regulation of the manufacture, distribution, dispensing, and possession of controlled substances by persons authorized under this chapter, the commissioner shall establish by regulations pursuant to the provisions of chapter thirty A five schedules incorporating the five schedules of controlled substances under the ''Comprehensive Drug Abuse, Prevention and Control Act of 1970'' or any amendment thereof. In addition thereto the commissioner shall by regulation as aforesaid establish a sixth schedule which shall include all prescription drugs not included in the first five schedules. (a1/2) The commissioner may, pursuant to the provisions of chapter thirty-A, delete or reschedule all substances enumerated in the schedules established pursuant to the provisions of subsection (a), except that if any substance which has not been scheduled pursuant to the provisions of this section is designated a controlled substance under the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 or any amendment thereof, or if any substance which has been scheduled pursuant to the provisions of this section is designated a controlled substance of greater abuse liability under the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 or any amendment thereof, the commissioner, pursuant to the provisions of chapter thirty A, shall, not more than thirty days after publication of final notice in the federal register or not more than thirty days after the effective date of any federal statute affecting the scheduling of controlled substances under said federal act or any amendment thereof, issue a regulation controlling the substance in a schedule corresponding to the federal schedules. (b) In making any finding under subsection (a) of this section or under subsection (a) of section three, the commissioner shall consider the following factors with respect to each drug or other substance proposed to be controlled or removed from the schedules: (1) Its actual or relative potential for abuse. (2) Scientific evidence of its pharmacological effect, if known. (3) The state of current scientific knowledge regarding the drug or other substance. (4) Its history and current pattern of abuse. (5) The scope, duration and significance of abuse. (6) What, if any, risk there is to the public health. (7) Its psychological or physiological dependence liability. (8) Whether the substance is an immediate precursor of a substance already controlled under this chapter. (c) The commissioner acting jointly with the board of registration in pharmacy shall by regulation pursuant to the provisions of chapter thirty A exclude any non-narcotic substance from a schedule if such substance may, under the Federal ''Comprehensive Drug Abuse Prevention and Control Act of 1970'' and the Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription. (d) Authority to control under this section shall not extend to distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954.

M.G.L. c. 94C, § 2A Temporary placement of substance in schedule I

c. 94C, § 2A. Temporary placement of substance in schedule I Section 2A. (a) Notwithstanding section 2, the commissioner may, by order, place a substance in schedule I on a temporary basis if the commissioner finds: (i) it is necessary to avoid an imminent hazard to the public safety; (ii) it is necessary for the preservation of the public health, safety or general welfare; (iii) the substance is not listed in any other schedule identified in section 3; (iv) no exception is in effect for the substance pursuant to section 4; and (v) the substance is not excluded under subsection (c) of section 2. (b) Prior to finding that a substance is an imminent hazard to the public safety under clause (i) of subsection (a), the commissioner shall consider the substance's actual or relative potential for abuse and its history and current patterns of abuse. (c) An order issued under subsection (a) shall be an emergency regulation and subject to section 3 of chapter 30A; provided, however, that: (i) no further approval by designated persons or bodies, as referenced in said section 3 of said chapter 30A, shall be required before the emergency regulation becomes effective; and (ii) the emergency regulation may remain in effect for up to 1 year. (d) An order issued under subsection (a) shall take effect upon the completion of a 14–day notice period. For the purposes of this section, the notice period shall begin when the order is published on the department of public health's website, or by any other means the commissioner may deem necessary. The commissioner shall forward a copy of the order to all acute inpatient hospitals in the commonwealth, in a form and manner to be determined by the commissioner, to disseminate information regarding the dangers of the substance. (e) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to the chairs of the joint committee on public health. (f) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to the attorney general of the United States to request that the attorney general temporarily place the substance in schedule I under the Controlled Substances Act, 21 U.S.C. section 811(h). (g) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to all local and regional boards of health, with guidance that possession or distribution of the substance by any food, retail or other commercial establishment shall constitute an imminent health hazard. While the order is in effect, a board of health or an authorized agent, the local inspection department or the equivalent, or a municipal government or its agent may, pursuant to section 30 of chapter 111 and any regulation promulgated pursuant thereto, take any enforcement action consistent with a finding of an imminent health hazard, up to and including summary suspension of a municipal license or permit held by the establishment including, but not limited to, a permit to operate.

M.G.L. c. 94C, § 3 Findings required for placement in schedules

c. 94C, § 3. Findings required for placement in schedules Section 3. Except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless such drug or substance has been scheduled pursuant to the provisions of the Federal Comprehensive Drug Abuse, Prevention and Control Act of 1970, or any amendment thereof, or unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows: (1) SCHEDULE I.— (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. (2) SCHEDULE II.— (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence. (3) SCHEDULE III.— (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence. (4) SCHEDULE IV.— (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III. (5) SCHEDULE V.— (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV. (6) SCHEDULE VI.— (A) The substance is a prescription drug; and (B) Said prescription drug has not been included in Schedules I through V.

M.G.L. c. 94C, § 4 Exceptions from schedules

c. 94C, § 4. Exceptions from schedules Section 4. The commissioner acting jointly with the board of registration in pharmacy may by regulation pursuant to the provisions of chapter thirty A except any compound, mixture or preparation containing any substances in paragraph (a) or (b) of Schedule III or in Schedule IV, V or VI established pursuant to the provisions of section two from the application of all or any part of this chapter if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system, and (3) the compound, mixture, or preparation has been similarly excepted under the provisions of the Federal ''Comprehensive Drug Abuse, Prevention and Control Act of 1970'', or any amendment thereof. Such regulation shall state the weight of the controlled substance per fluid ounce, or if a solid or semi-solid preparation the weight in the avoirdupois amounts, and if the metric system is used, the weight in grams per hundred cubic centimeters in the case of a fluid, or the weight per gram in the case of a solid or semi-solid preparation. The commissioner shall by regulation modify, rescind or revoke an exception whenever it has been modified, rescinded or revoked under the provisions of the Federal Comprehensive Drug Abuse, Prevention and Control Act of 1970 or any amendment thereof.

M.G.L. c. 94C, § 5 Dispensing controlled substances excepted under Sec. 4

c. 94C, § 5. Dispensing controlled substances excepted under Sec. 4 Section 5. Controlled substances which are excepted pursuant to section four may be dispensed, or sold at retail, except that the exception authorized by this section shall be subject to the following conditions: (1) that such preparation shall be dispensed, or sold in good faith as a medicine, and not for the purpose of evading the provisions of the controlled substances law; (2) that the purchaser of such preparation identify himself to the satisfaction of the pharmacist; and (3) that of such preparation not more than four ounces are dispensed, or sold to a person during any 48 hour period. The pharmacist dispensing such excepted substances shall keep an accurate record book including the name and address of the purchaser, the name of the preparation, the strength per dosage unit, the quantity dispensed and the date.

M.G.L. c. 94C, § 6 Rules and regulations

c. 94C, § 6. Rules and regulations Section 6. The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility and the commissioner in all other cases may promulgate rules and regulations relative to registration and control of the manufacture, distribution, dispensing and possession of controlled substances within the commonwealth.

M.G.L. c. 94C, § 6A Licensure of certain corporate entities with patients receiving opioid agonist therapy; best practice guidance for practitioners

c. 94C, § 6A. Licensure of certain corporate entities with patients receiving opioid agonist therapy; best practice guidance for practitioners Section 6A. A corporate entity, other than a hospital or clinic licensed under section 51 of chapter 111 or an opioid treatment program licensed under chapter 111E, doing business in the commonwealth, which has more than 300 patients receiving treatment for opioid dependency in the form of opioid agonist therapy provided by physicians who are associated with the entity by contract, fee for service or other arrangement other than as members of the practice, shall be licensed by the department and shall comply with requirements established by the department to limit the diversion of opioid drugs and ensure patient safety. The department shall issue best practice guidance related to routine toxicology screenings, maximum take home dosages and behavioral health referrals for practitioners who provide opioid agonist therapy in the commonwealth. Practitioners shall adhere to said best practices promulgated by the department.

M.G.L. c. 94C, § 7 Registration of persons who manufacture, distribute, dispense or possess controlled substances

c. 94C, § 7. Registration of persons who manufacture, distribute, dispense or possess controlled substances Section 7. (a) Except in the case of a pharmacy, wholesale druggist or outsourcing facility, every person who manufactures, distributes or dispenses, or possesses with intent to manufacture, distribute or dispense any controlled substance within the commonwealth shall upon payment of a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven, register with the commissioner of public health, in accordance with his regulations, said registration to be effective for one year from the date of issuance or until completion of the term of the registrant's license issued pursuant to chapter 112, whichever occurs later. Every wholesale druggist and outsourcing facility shall register with the board of registration in pharmacy in accordance with its regulations. Such registration shall be effective until July first, nineteen hundred and seventy-four, if such registration is issued prior to July first, nineteen hundred and seventy-four. Such registration shall be effective until January first, nineteen hundred and seventy-six, if such registration is issued between July first, nineteen hundred and seventy-four, and January first, nineteen hundred and seventy-six. Such registration shall be effective until the end of the calendar year in which said registration is issued if registration is issued subsequent to December thirty-first, nineteen hundred and seventy-five; provided, that such wholesale druggist or outsourcing facility shall pay a registration fee of twenty-five dollars for any initial registration issued prior to July first, nineteen hundred and seventy-four, and shall pay any registration fee of thirty-seven dollars and fifty cents for a registration which is issued between July first, nineteen hundred and seventy-four, and January first, nineteen hundred and seventy-six. Such wholesale druggist or outsourcing facility shall, commencing January first, nineteen hundred and seventy-six, pay an annual registration fee, the amount of which shall be determined by the commissioner of administration, for each year or any part thereof. For the purposes of this section, ''wholesale druggist'' shall mean any person who distributes controlled substances at wholesale. Every pharmacy shall register with the said board in accordance with its regulations. Such registration shall be effective until July first, nineteen hundred and seventy-four, if any registration is issued prior to July first, nineteen hundred and seventy-four. Such registration shall be effective until January first, nineteen hundred and seventy-six, if such registration is issued between July first, nineteen hundred and seventy-four, and January first, nineteen hundred and seventy-six. Such registration shall be effective until the end of the first uneven numbered year following the date of issuance of such registration if such registration is issued subsequent to December thirty-first, nineteen hundred and seventy-five; provided, that such pharmacy shall pay a registration fee of twenty-five dollars for an initial registration issued prior to midnight of July first, nineteen hundred and seventy-four, and shall pay a registration fee of thirty-seven dollars and fifty cents for any registration issued between July first, nineteen hundred and seventy-four, and January first, nineteen hundred and seventy-six, and shall, commencing January first, nineteen hundred and seventy-six, pay a biennial registration fee, the amount of which shall be determined by the commissioner of administration, for every two years, or any part thereof. (b) Every person who is engaged in the qualitative or quantitative analysis of controlled substances within a scientific laboratory shall, upon payment of a fee, as determined annually by the commissioner of administration under the provision of section three B of chapter seven obtain a registration issued by the commissioner in accordance with his rules, said registration to be effective for one year from date of issuance. (c) A person registered under this chapter to manufacture, distribute, dispense, or possess controlled substances may possess, manufacture, distribute, or dispense those substances to the extent authorized by his registration and in conformity with the other provisions of this chapter. (d) The following persons shall not require registration and may lawfully possess and distribute controlled substances: (1) an agent or employee of any manufacturer, distributor, or dispenser registered under this chapter, if he is acting in the usual course of his business or employment, except that a salesman, detail man or other field representative of a registered manufacturer, wholesaler, jobber or dealer in controlled substances may not possess any controlled substance in schedule I, II, III, IV, or V of section three for the purpose of demonstrating, displaying, selling, or distributing as samples said controlled substances to a practitioner; (2) a common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment; (3) any public official or law enforcement officer acting in the regular performance of his official duties. (4) a registered nurse or licensed practical nurse or a licensed dental hygienist under the supervision of a practitioner as defined in section 1 for the purposes of administering local anesthesia agents only when acting under the supervision of a practitioner; (5) a graduate of a school for nurses or practical nurses which has been approved in accordance with the provisions of chapter one hundred and twelve, whenever said person is acting under the supervision of a practitioner and is engaged in professional practice during the period from such person's graduation from said school until the announcement of the results of the first licensing examination for registered nurses or licensed practical nurses, as the case may be, thereafter held in accordance with the provisions of said chapter one hundred and twelve; (6) any person duly licensed to practice nursing within any other jurisdiction, whenever such person is acting under the supervision of a practitioner and is discharging official duties as an employee of the federal government; (7) any person covered by clauses (1), (2), (3) and (5) of section eighty B of chapter one hundred and twelve when any such person is acting under the supervision of a practitioner; (8) any therapist, technician, or medical student when performing under the supervision of a practitioner those services which are defined to be functions of their respective callings; (9) any person who belongs to a class of persons which is authorized by regulation of the commissioner to provide services for the purpose of diagnosis, care, treatment, or research. (10) a duly licensed optometrist who utilizes diagnostic pharmaceutical agents, as defined in section sixty-six A of chapter one hundred and twelve, and who qualifies to utilize such agents for the purpose of conducting an examination of the eye as provided in sections sixty-six A and sixty-eight A of chapter one hundred and twelve; provided, however, that a wholesale distributor or pharmacist may dispense such diagnostic pharmaceutical agents to a licensed optometrist for subsequent administration to optometry patients only if such optometrist provides the wholesale distributor or pharmacist with the number of the optometrist's certification of qualification to administer such diagnostic pharmaceutical agents. (e) An ultimate user or research subject may lawfully possess or administer a controlled substance at the direction of a practitioner in the course of his professional practice. (f) Notwithstanding any other provision of this section, the commissioner shall, upon receipt of the fee as hereinbefore provided, automatically issue to any physician, dentist, podiatrist, nurse practitioner, nurse anesthetist, psychiatric nurse mental health clinical specialist or veterinarian who is duly authorized to practice his profession in the commonwealth a registration to dispense, other than for research pursuant to section eight, unless the registration of such physician, dentist, podiatrist, nurse practitioner, nurse anesthetist, psychiatric nurse mental health clinical specialist, or veterinarian has been suspended or revoked pursuant to the provisions of sections thirteen or fourteen or unless said registration is denied for cause by the commissioner pursuant to the provisions of chapter thirty A. Such registration shall continue in full force and effect unless it is suspended or revoked, or unless it is recalled and a new registration issued in accordance with the rules and regulations of the commissioner. (g) The commissioner may by regulation authorize the registration for a specific activity or activities requiring registration under this section of such persons as he determines to be qualified for such registration. The commissioner shall promulgate regulations which provide for the registration of certified nurse-midwives, as provided in section 80C of chapter 112, to issue written prescriptions in accordance with regulations under said section 80G of said chapter 112. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in nursing and the board of registration in medicine with regard to those schedules of controlled substances for which certified nurse-midwives may be registered. The commissioner shall promulgate regulations which provide for the registration of physicians assistants to issue written prescriptions for patients pursuant to guidelines mutually developed and agreed upon by the supervising physician and the physician assistant. Prior to promulgating such regulations, the commissioner shall consult with the board of registration of physician assistants, the board of registration in medicine and the board of registration in pharmacy with regard to those schedules of controlled substances for which physician assistants may be registered to issue written prescriptions therefor; provided, however, that a physician assistant who has not successfully passed the national certification examination for physician assistants or who does not meet all of the current requirements for obtaining an initial physician assistant's registration as listed in section nine I of chapter one hundred and twelve may not be authorized to write prescriptions under any circumstances. The commissioner shall issue regulations authorizing pharmacists, who have been duly registered in accordance with section 241/2 of chapter 112, to engage in collaborative drug therapy management and to issue written prescriptions in accordance with the provisions of said section 241/2 of said chapter 112 and guidelines mutually developed and agreed upon by the supervising physician and the pharmacist in a collaborative practice agreement, as defined in section 241/2 of said chapter 112, established in accordance with regulations of the board of registration in medicine and board of registration in pharmacy. Prior to issuing such regulations, the commissioner shall consult with the board of registration in medicine and the board of registration in pharmacy with regard to the schedules of controlled substances for which a pharmacist may be authorized to prescribe within the scope of his collaborative practice. The commissioner may gather patient outcome and cost-savings data if available from objective sources and review community retail drug business-based collaborative drug therapy management. If the commissioner finds that sufficient data and funding sources exist to conduct a valid study, he shall conduct a study within 2 years after that finding. The study shall include representatives of the board of registration in medicine and the board of registration in pharmacy. In conducting the study, the commissioner shall hold at least 1 public hearing to receive testimony from the public, including representatives of pharmacy and medicine and other concerned parties. (h) The commissioner shall promulgate regulations which provide for the automatic registration of optometrists, upon the receipt of the fee as herein provided, to issue written prescriptions in accordance with the provisions of sections 66, 66B and 66C of chapter 112, unless the registration of such optometrist has been suspended or revoked pursuant to the provisions of section 13 or section 14 or unless such registration is denied for cause by the commissioner pursuant to the provisions of chapter 30A. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in optometry. (i) Every person who: (i) is in the business of manufacturing or distributing any controlled substances, and (ii) has a principal place of business located in the commonwealth but at no time takes physical possession of any controlled substances, shall register with the commissioner in accordance with the regulations of the department. The registration shall require the payment of a fee, the amount of which shall be determined annually pursuant to section 3B of chapter 7. The registration shall be effective for 1 year from the date of issuance. (j) The commissioner shall promulgate regulations that provide for the automatic registration of licensed certified professional midwives, upon the receipt of the fee as herein provided, to issue written prescriptions in accordance with the provisions of section 295 of chapter 112 and the regulations issued by the board of registration in midwifery under said section 295 of said chapter 112, unless the registration of such licensed certified professional midwife has been suspended or revoked pursuant to the provisions of section 13 or section 14 or unless such registration is denied for cause by the commissioner pursuant to chapter 30A. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in midwifery and the department of public health.

M.G.L. c. 94C, § 7A Registration as participant in prescription monitoring program

c. 94C, § 7A. Registration as participant in prescription monitoring program Section 7A. Upon obtaining or renewing a registration under section 7, a practitioner who prescribes controlled substances shall automatically and without further action be registered as a participant in the prescription monitoring program established in section 24A. The department shall provide each participant with a unique user name and access code for the program. For the purposes of this section, a practitioner shall not include a veterinarian; provided, however, that a practitioner shall include a physician assistant, nurse anesthetist or a registered nurse authorized by the board of registration in nursing to practice in an advanced practice nursing role.

M.G.L. c. 94C, § 8 Research projects and studies

c. 94C, § 8. Research projects and studies Section 8. (a) No person shall carry out any research project or study involving any narcotic drug in Schedule II or the investigational use on human beings of any new drug as defined in section two hundred and one (p) of the Federal Food, Drug and Cosmetic Act, as amended, unless he supplies the commissioner with satisfactory evidence of compliance with any applicable federal law, and, if the commissioner so requires, with a protocol describing the research project or study to be undertaken. (b) The commissioner shall pursuant to the provisions of chapter thirty A promulgate rules and regulations establishing standards for such protocol and requiring, among such other conditions relating to the protection of the public health that the commissioner may prescribe, the establishment and maintenance of records and the making of reports to the commissioner of data, including but not limited to analytical reports by investigators, obtained as the result of the investigational use of the drug. The commissioner may waive any or all such conditions with respect to a particular research project or study described in this section if he deems it consistent with the public interest. (c) The commissioner shall, after due notice and opportunity for hearing pursuant to the provisions of chapter thirty A, issue an order that such research project or study be terminated if the commissioner finds (1) that the drug under investigation is unsafe under the conditions of use; or (2) that the investigators lack the necessary training and experience to conduct such research project or study; or (3) that the research protocol contains any untrue statement of a material fact, provided, that if the commissioner finds that there is an imminent hazard to health he shall order that the research project or study be discontinued upon notice and afford those persons who are undertaking the research the opportunity for an expedited hearing. The commissioner may also, after due notice and opportunity for a hearing pursuant to the provisions of chapter thirty A order that a research project or study be discontinued if the commissioner finds (1) that the persons who are undertaking the research have failed to establish a system for maintaining required records, or have repeatedly or deliberately failed to maintain such records or to make reports which are required by the commissioner or the persons undertaking the research project or study have refused to permit access to or copying or verification of such records; or (2) the methods used in, or the facilities and controls used for the research project or study are inadequate to safeguard against unlawful diversion of the drug under investigation. (d) Every person who is required pursuant to the provisions of this section to maintain records, and every person in charge or custody thereof, shall, upon request of an officer or employee designated by the commissioner permit such officer or employee at all reasonable times to have access to and copy and verify such records. (e) No person who undertakes research pursuant to the provisions of this section shall use as a subject for such research any human being unless such subject or his legal representative has given in writing his informed consent based upon information about the nature, duration and purpose of the investigation; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon the subject's health or person which may reasonably be expected to come from his participation. (f) A person who is conducting research pursuant to the provisions of this section may to the extent authorized by the commissioner and in conformity with the provisions of this section dispense any drug for investigational use without an oral, electronic or written prescription. (g) Notwithstanding any other provision of this section, the administering or dispensing directly or prescribing of narcotic drugs listed in any schedule to a narcotic drug dependent person for the purpose of continuing his dependence upon such drugs in the course of conducting an authorized clinical investigation pursuant to a narcotic addict rehabilitation program shall be deemed to be within the meaning of the term ''in the course of professional practice'' as used in this chapter, provided, that federal approval, if such approval is required by federal law, is obtained prior to the initiation of such a program, and satisfactory evidence of such approval is submitted to the commissioner. (h) Notwithstanding the provisions of paragraphs (a) to (g), inclusive, this section shall not apply to any drug recognized as safe and which has been exempted by section one hundred and seven of the Federal Drug Amendments Act of 1962 from the operation of sections two hundred and one (p) and five hundred and five of the Federal Food, Drug and Cosmetic Act, as amended. (i) Whoever knowingly or intentionally violates any provision of this section shall be punished for each offense by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than one thousand dollars, or both.

M.G.L. c. 94C, § 9 Administering and dispensing of controlled substances in course of professional practice; records, inspection

c. 94C, § 9. Administering and dispensing of controlled substances in course of professional practice; records, inspection Section 9. (a) A physician, dentist, podiatrist, nurse practitioner, nurse anesthetist, psychiatric nurse mental health clinical specialist, optometrist as limited by sections 66, 66B and 66C of chapter 112 and subsection (h) of section 7, physician assistant as limited by said subsection (g) of said section 7 and section 9E of said chapter 112, certified nurse midwife as provided in section 80C of said chapter 112, licensed certified professional midwife as limited by subsection (j) of said section 7 and section 295 of said chapter 112, pharmacist as limited by said subsection (g) of said section 7 and section 24B1/2 of said chapter 112, or veterinarian when registered under said section 7, may, when acting in accordance with applicable federal law and any provision of this chapter which is consistent with federal law and in good faith and in the course of a professional practice for the alleviation of pain and suffering or for the treatment or alleviation of disease, possess controlled substances as may reasonably be required for the purpose of patient treatment and may administer controlled substances or may cause the same to be administered under his direction by a nurse. A practitioner may cause controlled substances to be administered under his direction by a licensed dental hygienist for the purposes of local anesthesia only. A practitioner may cause an immunization to be administered under the practitioner's direction by a certified medical assistant, as defined in section 265 of chapter 112. (b) Notwithstanding section 17, a physician, physician assistant, dentist, podiatrist, optometrist, certified nurse midwife, licensed certified professional midwife, nurse practitioner, psychiatric nurse mental health clinical specialist, nurse anesthetist, pharmacist as limited by said subsection (g) of said section 7 and section 24B1/2 of said chapter 112, or veterinarian registered under said section 7, may, when acting in good faith and in the practice of medicine, dentistry, podiatry, optometry, nurse-midwifery, midwifery, advanced practice nursing, pharmacy or veterinary medicine or as a nurse, as the case may be, and when authorized by a physician, dentist, podiatrist, optometrist, nurse practitioner, physician assistant, certified nurse midwife, licensed certified professional midwife, psychiatric nurse mental health clinical specialist, nurse anesthetist, or veterinarian in the course of such nurse's professional practice, dispense by delivering to an ultimate user a controlled substance in a single dose or in a quantity that is, in the opinion of such physician, dentist, podiatrist, optometrist, nurse practitioner, physician assistant, certified midwife, licensed certified professional midwife, psychiatric nurse mental health clinical specialist, nurse anesthetist, pharmacist or veterinarian, essential for the treatment of a patient. The amount or quantity of any controlled substance dispensed under this subsection shall not exceed the quantity of a controlled substance necessary for the immediate and proper treatment of the patient until it is possible for the patient to have a prescription filled by a pharmacy. All controlled substances required by the patient as part of the patient's treatment shall be dispensed by prescription to the ultimate user in accordance with this chapter. This section shall not prohibit or limit the dispensing of a prescription medication that is classified by the department as schedule VI and that is provided by the manufacturer as part of an indigent patient program or for use as samples if the prescription medication is: (i) dispensed to the patient by a professional authorized to dispense controlled substances pursuant to this section; (ii) dispensed in the package provided by the manufacturer; and (iii) provided at no charge to the patient. The department shall promulgate rules and regulations governing the dispensing of medication pursuant to this section. These rules and regulations shall include, but not be limited to, the types and amounts of medications that may be dispensed and the appropriate safeguards for the labeling and dispensing of such medications. This section shall not be construed to prohibit a physician or an optometrist from the in-office dispensing and sale of therapeutic contact lenses as long as the medication contained in such lenses is within the profession's designated scope of practice. For the purposes of this section, ''therapeutic contact lenses'' shall mean contact lenses which contain 1 or more medications and which deliver such medication to the eye. (c) A nurse who has obtained from a physician, dentist, physician assistant, podiatrist, optometrist, certified nurse midwife, licensed certified professional midwife, nurse practitioner, psychiatric nurse mental health clinical specialist, nurse anesthetist, pharmacist or veterinarian a controlled substance for dispensing to an ultimate user pursuant to subsection (b) or for administration to a patient pursuant to subsection (a) during the absence of the physician, physician assistant, dentist, podiatrist, certified nurse midwife, licensed certified professional midwife, nurse practitioner, psychiatric nurse mental health clinical specialist, nurse anesthetist, pharmacist or veterinarian, shall return to the physician, physician assistant, dentist, podiatrist, optometrist, certified nurse midwife, licensed certified professional midwife, nurse practitioner, psychiatric nurse mental health clinical specialist, nurse anesthetist, pharmacist or veterinarian any unused portion of the controlled substance which is no longer required by the patient. A licensed dental hygienist who has obtained a controlled substance from a practitioner for dispensing to an ultimate user pursuant to subsection (a) shall return to such practitioner any unused portion of the substance which is no longer required by the patient. (d) Every physician, physician assistant, dentist, podiatrist, certified nurse midwife, licensed certified professional midwife, nurse practitioner, psychiatric nurse mental health clinical specialist, nurse anesthetist, pharmacist or veterinarian shall, in the course of a professional practice, keep and maintain records, open to inspection by the commissioner during reasonable business hours, which shall include the following: the names and quantities of any controlled substances in schedules I, II or III received by the practitioner; the name and address of each patient to whom such controlled substance is administered or dispensed; the name, dosage and strength per dosage unit of each such controlled substance; and the date of such administration or dispensing. (e) Notwithstanding subsection (b), a physician, nurse practitioner, nurse anesthetist, psychiatric nurse mental health clinical specialist, physician assistant, pharmacist as limited by subsection (g) of section 7 and section 24B1/2 of said chapter 112 or certified nurse midwife, when acting in good faith and providing care under a program funded in whole or in part by 42 U.S.C. section 300, or in a clinic licensed by the department to provide comparable medical services or a registered nurse, registered under section 74 of said chapter 112 and authorized by such physician, nurse practitioner, nurse anesthetist, psychiatric nurse mental health clinical specialist, physician assistant, pharmacist as limited by said subsection (g) of said section 7 and section 24B1/2 of said chapter 112, certified nurse midwife may lawfully dispense controlled substances pursuant to schedule VI to recipients of such services in such quantity as needed for treatment and shall be exempt from the requirement that such dispensing be in a single dose or as necessary for immediate and proper treatment under subsection (b). A registered nurse shall dispense under this subsection only as provided in section 17. The department may establish rules and regulations controlling the dispensing of these medications, including, but not limited to, the types and amounts of medications dispensed and appropriate safeguards for dispensing.

M.G.L. c. 94C, § 10 Separate registration

c. 94C, § 10. Separate registration Section 10. A separate registration shall be required at each principal place of business or professional practice where the registrant manufactures, distributes, or dispenses controlled substances.

M.G.L. c. 94C, § 11 Inspection of establishments of registrants or applicants

c. 94C, § 11. Inspection of establishments of registrants or applicants Section 11. The board of registration in pharmacy in the case of a pharmacy and the commissioner in any case may inspect in accordance with his or its rules and regulations the establishment of a registrant or applicant for registration pursuant to the provisions of this chapter.

M.G.L. c. 94C, § 12 Issuance of registration to manufacture or distribute controlled substances

c. 94C, § 12. Issuance of registration to manufacture or distribute controlled substances Section 12. (a) The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility and the commissioner in all other cases shall register an applicant to manufacture or distribute controlled substances included in the schedules established pursuant to section two unless he determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board of registration in pharmacy in the case of a retail drug store, wholesale druggist or outsourcing facility and the commissioner in all other cases shall consider the following factors: (1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels; (2) compliance with applicable federal, state and local law; (3) any conviction of the applicant under any federal and state law relating to any controlled substance; (4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; (5) furnishing by the applicant of false or fraudulent material in any application filed under the provisions of this chapter; (6) suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and (7) any other factors relevant to and consistent with the public health and safety. (b) Registration under subsection (a) of this section shall not entitle a registrant to manufacture or distribute controlled substances in Schedules I or II established pursuant to the provisions of section two except to the extent specified in the registration.

M.G.L. c. 94C, § 13 Suspension or revocation of registration; report of criminal violations; controlled substances affected placed under embargo; forfeiture; notice to bureau

c. 94C, § 13. Suspension or revocation of registration; report of criminal violations; controlled substances affected placed under embargo; forfeiture; notice to bureau Section 13. (a) The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility and the commissioner in all other cases may suspend or revoke a registration to manufacture, distribute, dispense or possess a controlled substance, after a hearing pursuant to the provisions of chapter thirty A upon a finding that the registrant: (1) has furnished false or fraudulent material information in any application filed under the provisions of this chapter; (2) has been convicted under any state or federal law of any criminal violation relating to his fitness to be registered under this chapter; (3) has had his federal registration suspended or revoked to manufacture, distribute, dispense, administer or possess controlled substances; or (4) is, upon good cause, found to be unfit or unqualified to manufacture, distribute, dispense, or possess any controlled substance. (b) The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility and the commissioner in all other cases may pursuant to the provisions of this section or section fourteen suspend or revoke any registration issued by him or it for violation of any provision of this chapter. (c) Whenever the commissioner, the board of registration in pharmacy, or the commissioner of mental health has substantial reason to believe that a registrant has committed a criminal violation of any provision of this chapter, he or it shall promptly report all pertinent facts to the district attorney in the county where the violation is believed to have occurred, or to the attorney general. (d) The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility and the commissioner in all other cases may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exists. (e) If the board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility or the commissioner in all other cases suspends or revokes a registration, all controlled substances which are affected by such suspension or revocation order at the time of suspension or the effective date of the revocation order shall be placed under embargo pursuant to the procedures prescribed in sections one hundred and eighty-nine and one hundred and eighty-nine A of chapter ninety-four. No disposition may be made of substances under such embargo until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the commonwealth under the provisions of section forty-seven. (f) The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility and the commissioner in all other cases shall promptly notify the bureau of all orders suspending or revoking a registration and all forfeitures of controlled substances.

M.G.L. c. 94C, § 14 Suspension of or refusal to renew registration pending proceedings in cases of imminent danger to public

c. 94C, § 14. Suspension of or refusal to renew registration pending proceedings in cases of imminent danger to public Section 14. The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility or the commissioner in all other cases may without hearing suspend or refuse to renew any registration if he finds that there is an imminent danger to the public health or safety which warrants this action, provided he promptly affords the registrant an opportunity for a hearing under chapter thirty A. The suspension shall continue in effect until the conclusion of the proceedings including judicial review thereof, unless sooner dissolved by a court of competent jurisdiction, or withdrawn by the board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility, or withdrawn by the commissioner in any other case.

M.G.L. c. 94C, § 15 Record-keeping and inventory requirements; filing of DEA Form 106 with city, town and state police departments upon discovery of theft or loss of controlled substance

c. 94C, § 15. Record-keeping and inventory requirements; filing of DEA Form 106 with city, town and state police departments upon discovery of theft or loss of controlled substance Section 15. Persons registered to manufacture, distribute, dispense, or possess controlled substances shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of the Federal ''Comprehensive Drug Prevention and Control Act of 1970'' or any amendment thereof, and the Federal Food, Drug and Cosmetic Act, and with any additional rules or regulations promulgated by the board of registration in pharmacy in the case of a retail drug business or wholesale druggist or by the commissioner in all other cases. If a person registered to distribute controlled substances discovers a theft or loss of controlled substances that requires the filing of DEA Form 106 with the United States Drug Enforcement Administration, the person shall simultaneously file a copy of that form with the department of state police. If a person registered to dispense controlled substances discovers a theft or loss of controlled substances that requires the filing of DEA Form 106 with the United States Drug Enforcement Administration, the person shall simultaneously file a copy of that form with the police department in the city or town wherein the theft or loss is alleged to have occurred and to the department of state police.

M.G.L. c. 94C, § 16 Distribution between registrants; order form

c. 94C, § 16. Distribution between registrants; order form Section 16. Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to such order form as may be required by the Federal ''Comprehensive Drug Abuse Prevention and Control Act of 1970'' or any amendment thereof and the Federal Food, Drug, and Cosmetic Act.

M.G.L. c. 94C, § 17 Necessity of prescription for dispensing controlled substances

c. 94C, § 17. Necessity of prescription for dispensing controlled substances Section 17. (a) No controlled substance in Schedule II may be dispensed without an electronic prescription from a practitioner, except that— (b) In emergency situations, as defined by the commissioner, a schedule II, III, IV, V or VI substance may be dispensed upon written prescription or oral prescription in accordance with section 20 and related regulations. (c) A controlled substance included in Schedule III, IV, V or VI shall not be dispensed without an electronic prescription from a practitioner.

M.G.L. c. 94C, § 18 Issuance of prescription by practitioner or physician

c. 94C, § 18. Issuance of prescription by practitioner or physician Section 18. (a) A prescription for a controlled substance may be issued only by a practitioner who is: (1) authorized to prescribe controlled substances; and (2) registered pursuant to the provisions of this chapter. (b) An oral prescription issued by a practitioner may be communicated to a pharmacist by an expressly authorized employee or agent of the practitioner. (c) A prescription for a controlled substance contained in schedules III to VI, inclusive, as defined in section three may also be issued by an authorized practitioner who is duly licensed and authorized to engage in prescriptive practice and duly registered in the state wherein he resides, if required, and duly registered under federal law to write prescriptions. It is the duty of the registered pharmacist who is filling a prescription under this paragraph to determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid; provided, however, that if the substance is in schedules III to V, inclusive, the registered pharmacist shall verify the prescription by telephone or other means. A pharmacist shall not fill a prescription for which said verification cannot be obtained. The pharmacist shall not be held liable for refusing to fill a prescription for which said verification cannot be obtained, provided that documented good faith efforts were made to determine the authenticity and validity of the prescription. This paragraph shall be valid only for the purpose of authorizing the filling of prescriptions, issued within the preceding thirty days, and shall not authorize said practitioner to process, administer or dispense controlled substances as provided in section nine or to practice within the commonwealth. In the case of any oral prescription for a schedule III through V substance, the pharmacist shall record that he has requested that the practitioner deliver or mail to the dispensing pharmacy a written prescription for the controlled substance within seven days or such shorter period required by Federal law. Any prescription issued under this paragraph shall be issued in the manner prescribed in section twenty-two and all relevant provisions of this chapter shall apply to such practitioner and prescription. Nothing contained in this section shall be deemed to authorize any mail order pharmacies. (d) A prescription for a nonnarcotic substance contained in Schedule II of section three may also be issued by a practitioner who is licensed and authorized to engage in prescriptive practice and registered in another state where he resides or practices, if required, and registered under federal law to write prescriptions. A registered pharmacist filling a prescription under the provisions of this paragraph shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid; and shall verify such prescription by telephone or other means. A pharmacist shall not fill a prescription for which said verification cannot be obtained. A pharmacist shall not be held liable for refusing to fill such prescription for which said verification cannot be obtained; provided, however, that documented good faith efforts were made to determine the authenticity and validity of such prescription. This paragraph is only for the purpose of authorizing the filling of prescriptions within the commonwealth, issued within the preceding five days, and shall not authorize such practitioner to possess, administer or dispense controlled substances as provided in section nine, or to practice within the commonwealth. Any prescription issued under the provisions of this paragraph shall be issued in the manner prescribed in section twenty-two and all relevant provisions of this chapter shall apply to such practitioner and prescription. In the case of any prescription for a Schedule II substance filled under the provisions of this paragraph, a pharmacist filling such prescription shall within thirty days after the filling of such prescription deliver to the department a copy of each such Schedule II prescription; provided, however, that such copy shall not include the name and address of the patient for whom the prescription is issued and that such copy and the information contained thereon shall not be deemed to be public record within the meaning of section seven of chapter four and shall be subject to the restrictions set forth in section two of chapter sixty-six A. Nothing contained in this section shall be deemed to authorize any mail order pharmacies. (d1/2) Except as provided in section 18A, a prescription for a narcotic substance contained in Schedule II of section 3 may also be issued by a practitioner who is licensed and authorized to engage in prescriptive practice and registered in Maine or in a state contiguous with the commonwealth wherein such practitioner resides or practices, if required, and registered under federal law to write prescriptions. A registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid and shall verify the prescription by telephonic or other means. A pharmacist shall not fill a prescription for which a verification cannot be obtained. A pharmacist shall not be liable for refusing to fill a prescription for which a verification cannot be obtained provided that documented good faith efforts were made to determine the authenticity and validity of such prescription. This subsection shall only apply to authorizations for the filling of prescriptions within the commonwealth, issued within the preceding 5 days, and shall not authorize such practitioner to possess, administer or dispense controlled substances under section 9 or to practice within the commonwealth. A prescription issued under this subsection shall be issued in the manner provided in section 22 and all relevant provisions of this chapter shall apply to any such practitioner and any such prescription. In the case of a prescription for a Schedule II substance filled pursuant to this subsection, a pharmacist shall, within 30 days after filling such prescription, deliver to the department a copy of each such Schedule II prescription; provided, however, that such copy shall not include the name and address of the patient for whom the prescription was issued; and provided further, that such copy and the information contained therein shall not be a public record within the meaning of section 7 of chapter 4 and shall be subject to the restrictions set forth in section 2 of chapter 66A. Nothing in this section shall authorize a mail-order pharmacy. Nothing in this subsection shall be interpreted to prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in schedule II of section 3 to residents of states other than Maine and the states contiguous with the commonwealth, provided, however, that: (1) the pharmacy shall be licensed for retail by the commonwealth and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received and the United States Drug Enforcement Administration, as applicable, for the dispensing of controlled substances; (2) the prescription shall be filled by a pharmacist licensed and registered in the state from which the prescription originates, if the state of the prescription's origin requires such registration and licensing, and shall be written by a practitioner licensed and authorized to engage in prescriptive practice and registered in the same state or a contiguous state to where the prescription is to be delivered and registered under federal law to write prescriptions or shall be written by a nurse practitioner or physician assistant who is authorized by the state of the prescription's origin to write the prescription and is licensed and registered in the same state or a contiguous state to where the prescription is to be delivered and is registered under federal law to write prescriptions; (3) the prescription shall be received by the retail pharmacy via mail or commercial carrier or through an equivalent electronic means as may be authorized by federal law; (4) a registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic, valid, legitimate and legal in the state from which it is received and shall verify the prescription by telephonic or other means; provided, however, that a pharmacist shall not fill a prescription for which verification cannot be obtained; and provided further, that any delivery of controlled substances to residents of another state shall be in full compliance with all laws and regulations of that state relative to the issuance and filling of prescriptions; (5) the pharmacy shall comply with all reporting requirements of the state to which the prescription is delivered including, but not limited to, enrollment in and adherence to the rules, regulations and requirements of the state's prescription monitoring program or any program equivalent thereto, where applicable; and (6) any substances delivered under this subsection shall be delivered via mail or by a commercial carrier to a verified address in the state of residence of the person for whom the prescription was written and shall not enter into the hands of any person in the commonwealth not directly associated by employment or subcontract with the United States Postal Service or commercial carrier selected for such purpose. Nothing in this subsection shall prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in schedule II of section 3 of this chapter for patients admitted to a long-term care facility in Maine or a state contiguous with the commonwealth, provided; however, that: (i) the pharmacy is licensed for retail by the commonwealth and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received and the United States Drug Enforcement Administration, as applicable, for the dispensing of controlled substances; and (ii) the medications are delivered directly to the long-term care facility by a courier employed or contracted by the retail pharmacy. (d3/4) A pharmacist filling a prescription for a schedule II substance shall, if requested by the patient, dispense the prescribed substance in a lesser quantity than indicated on the prescription. The remaining portion may be filled upon patient request in accordance with federal law; provided, however, that only the same pharmacy that originally dispensed the lesser quantity shall dispense the remaining portion. Upon an initial partial dispensing of a prescription or a subsequent dispensing of a remaining portion, the pharmacist or the pharmacist's designee shall make a notation in the patient's record maintained by the pharmacy, which shall be accessible to the prescribing practitioner by request, indicating that the prescription was partially filled and the quantity dispensed. The initial partial dispensing of a prescription filled pursuant to subsection (d) or (d1/2) shall be filled not more than 5 days after the prescription issue date. The remaining portion filled pursuant to this subsection must be filled not later than 30 days after the prescription issue date. (e) Practitioners who prescribe controlled substances, except veterinarians, shall be required, as a prerequisite to obtaining or renewing their professional licenses, to complete appropriate training relative to: (i) effective pain management including, but not limited to: (A) appropriate, available non-opioid alternatives for the treatment of pain; (B) the advantages and disadvantages of the use of non-opioid treatment alternatives, considering a patient's risk of substance misuse; and (C) the options for referring or prescribing appropriate non-opioid treatment alternatives based on the practitioner's clinical judgment and following generally accepted clinical guidelines, taking into consideration the preference and consent of the patient and the educational information described in section 21; (ii) the risks of misuse and addiction associated with opioid medication; (iii) the identification of patients at risk for substance misuse; (iv) counseling patients about the side effects, risks, addictive nature and proper storage and disposal of prescription medications; (v) the appropriate prescription quantities for prescription medications that have an increased risk of misuse and addiction, including a patient's option to fill a prescription for a schedule II controlled substance in a lesser quantity than indicated on the prescription pursuant to subsection (d|b5); and (vi) opioid antagonists, overdose prevention treatments and information to advise patients on both the use of and ways to access opioid antagonists and overdose prevention treatments. The boards of registration for each professional license that require this training shall, in consultation with the department, relevant stakeholders and experts in the treatment and management of acute and chronic pain, develop the standards for appropriate training programs. For the purposes of this section, non-opioid treatment alternatives shall include, but shall not be limited to, medications, restorative therapies, interventional procedures, behavioral health approaches and complementary and integrative treatments.

M.G.L. c. 94C, § 18A Prerequisites for issuing outpatient extended-release long-acting opioid in a non-abuse deterring form; written pain management treatment plan for long-term pain management

c. 94C, § 18A. Prerequisites for issuing outpatient extended-release long-acting opioid in a non-abuse deterring form; written pain management treatment plan for long-term pain management Section 18A. (a) Prior to issuing an extended-release long-acting opioid in a non-abuse deterrent form for outpatient use for the first time, a practitioner registered under section 7 shall: (i) evaluate the patient's current condition, risk factors, history of substance abuse, if any, and current medications; and (ii) inform the patient and note in the patient's medical record that the prescribed medication, in the prescriber's medical opinion, is an appropriate course of treatment based on the medical need of the patient. (b) In the event that a practitioner recommends that an extended-release long-acting opioid be utilized during the course of long-term pain management, the practitioner registered under section 7 shall enter into a written pain management treatment agreement with the patient that appropriately addresses the benefits as well as the risk factors for abuse or misuse of the prescribed substance under guidelines published by the department. Such an agreement shall be filed in the patient's medical record or included in the patient's electronic health record.

M.G.L. c. 94C, § 18B Voluntary non-opiate directive form

c. 94C, § 18B. Voluntary non-opiate directive form Section 18B. (a) The department shall establish a voluntary non-opiate directive form. The form shall indicate to all practitioners that an individual shall not be administered or offered a prescription or medication order for an opiate. The form shall be posted on the department's searchable website. An individual may execute and file a voluntary non-opiate directive form with a practitioner registered under section 7 or other authority authorized by the secretary to accept the voluntary non-opiate directive form for filing. An individual may revoke the voluntary non-opiate directive form for any reason and may do so by written or oral means. (b) The department shall promulgate regulations for the implementation of the voluntary non-opiate directive form which shall include, but not be limited to: (i) procedures to record the voluntary non-opiate directive form in the individual's interoperable electronic health record and in the prescription drug monitoring program established in section 24A; (ii) a standard form for the recording and transmission of the voluntary non-opiate directive form, which shall include verification by a practitioner registered under section 7 and which shall comply with the written consent requirements of the Public Health Service Act, 42 U.S.C. § 290dd–2(b), and 42 CFR Part 2; provided, however, that the voluntary non-opiate directive form shall also provide the basic procedures necessary to revoke the voluntary non-opiate directive form; (iii) requirements for an individual to appoint a duly authorized guardian or health care proxy to override a previously recorded voluntary non-opiate directive form; (iv) procedures to ensure that any recording, sharing or distribution of data relative to the voluntary non-opiate directive form complies with all state and federal confidentiality laws; and (v) appropriate exemptions for emergency medical personnel. (c) A written prescription that is presented at an outpatient pharmacy or a prescription that is electronically transmitted to an outpatient pharmacy shall be presumed to be valid for the purposes of this section and a pharmacist in an outpatient setting shall not be held in violation of this section for dispensing a controlled substance in contradiction to a voluntary non-opiate directive form, except upon evidence that the pharmacist acted knowingly against the voluntary non-opiate directive form. (d) No health care provider or employee of a health care provider acting in good faith shall be subject to criminal or civil liability or be considered to have engaged in unprofessional conduct for failing to offer or administer a prescription or medication order for an opiate under the voluntary non-opiate directive form. No person acting as an agent pursuant to a health care proxy shall be subject to criminal or civil liability for making a decision under clause (iii) of subsection (b) in good faith. (e) Any board of professional licensure may limit, condition or suspend the license of or assess fines against a licensed health care provider who recklessly or negligently fails to comply with a person's voluntary non-opiate directive form.

M.G.L. c. 94C, § 18C Patient education required before issuance of opioid prescription

c. 94C, § 18C. Patient education required before issuance of opioid prescription Section 18C. Prior to issuing a prescription for an opioid contained in Schedule II of section 3, a practitioner registered under section 7 shall: (i) consult with a the patient regarding the quantity of the opioid and a patient's option to fill the prescription in a lesser quantity; and (ii) inform the patient of the risks associated with the opioid prescribed.

M.G.L. c. 94C, § 18D Duty of pharmacist dispensing an opioid to inform of adverse risks and to offer to dispense opioid antagonist

c. 94C, § 18D. Duty of pharmacist dispensing an opioid to inform of adverse risks and to offer to dispense opioid antagonist Section 18D. (a) For the purpose of this section, the term ''opioid antagonist'' shall mean, unless the context clearly requires otherwise, any drug approved by the United States Food and Drug Administration for the treatment of persons experiencing an opioid overdose. (b) A pharmacist dispensing an opioid contained in Schedule II of section 3 shall inform the patient on the potential adverse risks of the prescription opioid and shall offer to dispense an opioid antagonist to the patient, and where applicable, to a designee of the patient, or for a patient who is a minor, to the minor's parent or guardian.

M.G.L. c. 94C, § 19 Prescription; restrictions on issuance

c. 94C, § 19. Prescription; restrictions on issuance Section 19. (a) A prescription for a controlled substance to be valid shall be issued for a legitimate medical purpose by a practitioner acting in the usual course of his professional practice. The responsibility for the proper prescribing and dispensing of controlled substances shall be upon the prescribing practitioner, but a corresponding responsibility shall rest with the pharmacist who fills the prescription. An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of section one and the person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided by sections thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, and thirty-two H, as applicable. (b) No prescription shall be issued in order for a practitioner to obtain controlled substances for supplying the practitioner for the purpose of general dispensing to patients. (c) Unless permitted by federal law, a prescription shall not be issued for the dispensing of drugs or controlled substances as defined in section thirty-eight of chapter one hundred and twenty-three, listed in any schedule to a drug dependent person for the purpose of continuing his dependence upon such drugs, in the course of conducting an authorized clinical investigation pursuant to an addict rehabilitation program. (d) Naloxone or other opioid antagonist may lawfully be prescribed and dispensed to a person at risk of experiencing an opiate-related overdose or a family member, friend or other person in a position to assist a person at risk of experiencing an opiate-related overdose. For purposes of this chapter and chapter 112, any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

M.G.L. c. 94C, § 19A Emergency contraception

c. 94C, § 19A. Emergency contraception Section 19A. (a) As used in this section, unless the context clearly requires otherwise, ''emergency contraception'' shall mean any drug approved by the federal Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over-the-counter or by prescription. (b) The department shall ensure that a statewide standing order is issued to authorize the dispensing of emergency contraception by a licensed pharmacist. The statewide standing order shall include, but not be limited to, written, standardized procedures or protocols for the dispensing of emergency contraception by a licensed pharmacist. Notwithstanding any general or special law to the contrary, the commissioner, or a physician designated by the commissioner who is registered to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7, shall issue a statewide standing order that may be used by a licensed pharmacist to dispense emergency contraception under this section. (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense emergency contraception in accordance with the statewide standing order issued under subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses emergency contraception shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use or administration of emergency contraception. (d) Before dispensing emergency contraception authorized under this section, a pharmacist may complete a training program approved by the commissioner on emergency contraception; provided, however, that the training shall include, but not be limited to, proper documentation, quality assurance and referral to additional services, including appropriate recommendation that the patient follow-up with a medical practitioner. (e) A pharmacist dispensing emergency contraception under this section shall annually provide to the department the number of times such emergency contraception is dispensed. Reports made pursuant to this section shall not identify any individual patient, shall be confidential and shall not be public records as defined by clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66. (f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues the statewide standing order under subsection (b) and any medical practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses emergency contraception shall not be subject to any criminal or civil liability or any professional disciplinary action. (g) The department, board of registration in medicine, board of registration in nursing and board of registration in pharmacy shall adopt regulations to implement this section.

M.G.L. c. 94C, § 19B Dispensing, possessing and administrating opioid antagonist

c. 94C, § 19B. Dispensing, possessing and administrating opioid antagonist Section 19B. (a) As used in this section and unless the context clearly requires otherwise, ''opioid antagonist'' shall mean naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. (b) The department shall ensure that a statewide standing order is issued to authorize the dispensing of an opioid antagonist in the commonwealth by any licensed pharmacist. The statewide standing order shall include, but not be limited to, written, standardized procedures or protocols for the dispensing of an opioid antagonist by a licensed pharmacist. Notwithstanding any general or special law to the contrary, the commissioner, or a physician who is designated by the commissioner and is registered to distribute or dispense a controlled substance in the course of professional practice under section 7, may issue a statewide standing order that may be used for a licensed pharmacist to dispense an opioid antagonist under this section. (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an opioid antagonist in accordance with the statewide standing order issued under subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses an opioid antagonist shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use or administration of an opioid antagonist. (d) A pharmacist who dispenses an opioid antagonist shall annually report to the department the number of opioid antagonist doses dispensed. Reports shall not identify an individual patient, shall be confidential and shall not constitute a public record as defined in clause Twenty-sixth of section 7 of chapter 4. The department shall publish an annual report that includes aggregate information about the dispensing of opioid antagonists in the commonwealth. (e) A pharmacist or designee who dispenses an opioid antagonist pursuant to this section shall, for the purposes of health insurance billing and cost-sharing, treat the transaction as the dispensing of a prescription to the person purchasing the opioid antagonist regardless of the ultimate user of the opioid antagonist. Unless the person purchasing the opioid antagonist requests to pay for the prescription out-of-pocket, the pharmacist or designee shall make a reasonable effort to identify the purchaser's insurance coverage and to submit a claim for the opioid antagonist to the insurance carrier prior to dispensing the opioid antagonist. (f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues the statewide standing order under subsection (b) and any practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses an opioid antagonist shall not be subject to any criminal or civil liability or any professional disciplinary action. (g) A person acting in good faith may receive a prescription for an opioid antagonist, possess an opioid antagonist and administer an opioid antagonist to an individual appearing to experience an opioid-related overdose. A person who, acting in good faith, administers an opioid antagonist to an individual appearing to experience an opioid-related overdose shall not, as a result of the person's acts or omissions, be subject to any criminal or civil liability or any professional disciplinary action. The immunity established under section 34A shall also apply to a person administering an opioid antagonist pursuant to this section. (h) The department, the board of registration in medicine and the board of registration in pharmacy shall adopt regulations to implement this section.

M.G.L. c. 94C, § 19B1/2 Exchange of naloxone or other opioid antagonist between registered entities

c. 94C, § 19B1/2. Exchange of naloxone or other opioid antagonist between registered entities Section 19B1/2. Notwithstanding any special or general law to the contrary, a municipality or non-municipal public agency that is duly registered pursuant to subsection (g) of section 7 may convey or exchange naloxone or another opioid antagonist approved by the department to or with another duly registered entity to ensure the availability and use of unexpired naloxone or other approved opioid antagonist; provided, however, that such an exchange shall be recorded in a memorandum between the registered entities in a manner prescribed by the department.

M.G.L. c. 94C, § 19C High opiate overdose area pharmacies required to maintain continuous supply of naloxone rescue kits or opioid antagonist medications

c. 94C, § 19C. High opiate overdose area pharmacies required to maintain continuous supply of naloxone rescue kits or opioid antagonist medications Section 19C. The board of registration in pharmacy shall promulgate regulations requiring pharmacies located in areas with high incidence of opiate overdose, as determined by the board in consultation with the department, to maintain a continuous supply of opioid antagonists, as defined in section 19B; provided, however, that the continuous supply of opioid antagonists shall include opioid antagonists that are approved by the United States Food and Drug Administration to be sold over the counter without a prescription; and provided further, that such pharmacies shall notify the department if the supply or stock of opioid antagonist doses is insufficient to enable compliance with maintaining a continuous supply of opioid antagonists.

M.G.L. c. 94C, § 19D Supply limitations for opiate prescriptions; exception for palliative care

c. 94C, § 19D. Supply limitations for opiate prescriptions; exception for palliative care Section 19D. (a) When issuing a prescription for an opiate to an adult patient for outpatient use for the first time, a practitioner shall not issue a prescription for more than a 7–day supply. A practitioner shall not issue an opiate prescription to a minor for more than a 7–day supply at any time and shall discuss with the parent or guardian of the minor the risks associated with opiate use and the reasons why the prescription is necessary. (b) Notwithstanding subsection (a), if, in the professional medical judgment of a practitioner, more than a 7–day supply of an opiate is required to treat the adult or minor patient's acute medical condition or is necessary for the treatment of chronic pain management, pain associated with a cancer diagnoses or for palliative care, then the practitioner may issue a prescription for the quantity needed to treat such acute medical condition, chronic pain, pain associated with a cancer diagnosis or pain experienced while the patient is in palliative care. The condition triggering the prescription of an opiate for more than a 7–day supply shall be documented in the patient's medical record and the practitioner shall indicate that a non-opiate alternative was not appropriate to address the medical condition. (c) Notwithstanding subsections (a) and subsection (b), this section shall not apply to medications designed for the treatment of substance abuse or opioid dependence.

M.G.L. c. 94C, § 19D1/2 Substance use disorder treatment facility; dispense of opioid antagonist to patient or a legal guardian; promulgation of regulations

c. 94C, § 19D1/2. Substance use disorder treatment facility; dispense of opioid antagonist to patient or a legal guardian; promulgation of regulations Section 19D1/2. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Opioid antagonist'', as defined in section 19B. ''Substance use disorder treatment facility'', a facility licensed or approved by the department or the department of mental health to offer treatment for substance use disorder, including, but not limited to: (i) withdrawal management services; (ii) clinical stabilization services; (iii) transitional support services; (iv) residential support services; (v) community behavioral health center services; (vi) office-based opioid or addiction treatment services; or (vii) inpatient or outpatient substance use disorder services. (b) A substance use disorder treatment facility shall, upon discharge of a patient who has: (i) a history of using opioids; (ii) been diagnosed with opioid use disorder; or (iii) experienced an opioid-related overdose, educate the patient on the use of opioid antagonists and dispense not less than 2 doses of an opioid antagonist to the patient or a legal guardian. (c) The commissioner may promulgate rules and regulations necessary to implement this section.

M.G.L. c. 94C, § 19E Dispensing of COVID-19 control measures by licensed pharmacist under standing order

c. 94C, § 19E. Dispensing of COVID-19 control measures by licensed pharmacist under standing order Section 19E. (a) As used in this section and unless the context clearly requires otherwise, ''COVID-19 control measure'' shall mean a COVID-19 drug, COVID-19 test or other COVID-19 diagnostic device approved or otherwise authorized by the federal Food and Drug Administration. (b) Notwithstanding any general or special law to the contrary, the commissioner or an actively practicing physician who currently prescribes a COVID-19 drug, is designated by the commissioner and is registered to prescribe or dispense a controlled substance in the course of professional practice under section 7 may issue a standing order that may be used for a licensed pharmacist to dispense a COVID-19 control measure. A standing order issued pursuant to this section shall include, but not be limited to, written standardized procedures or protocols developed by the commissioner, in collaboration with an actively practicing physician who currently prescribes a COVID-19 drug. Such procedures and protocols shall be consistent with the federal Food and Drug Administration's revised Emergency Use Authorization for Paxlovid issued July 6, 2022 and declarations issued by the United States Department of Health and Human Services under the federal Public Readiness and Emergency Preparedness Act. (c) Notwithstanding any general or special law to the contrary, a pharmacist may dispense a COVID-19 control measure in accordance with a standing order issued under subsection (b); provided, however, that before dispensing a COVID-19 drug authorized under this section, a pharmacist shall complete a training program approved by the commissioner on COVID-19 drugs that shall include, but not be limited to, evaluation of the patient's medical history and relevant records including recent reports of laboratory blood work to review for kidney or liver problems, clinical considerations relative to contraindications with commonly prescribed medications, recommendations for clinical monitoring for side effects and appropriate recommendation that the patient follow up with a medical practitioner. (d) A pharmacist who dispenses a COVID-19 control measure in accordance with a standing order issued under subsection (b) shall, upon request, report to the department on the doses, tests or devices dispensed. Reports shall be confidential and shall not constitute a public record under clause Twenty-sixth of section 7 of chapter 4. The department shall publish an annual report that includes aggregate information about the dispensing of COVID-19 control measures in the commonwealth. (e) A pharmacist who dispenses a COVID-19 control measure pursuant to this section shall, for the purposes of health insurance billing and cost-sharing, treat the transaction as the dispensing of a prescription to the person purchasing the COVID-19 control measure in accordance with the standing order. Unless the person purchasing the COVID-19 control measure requests to pay for the prescription out-of-pocket, the pharmacist shall make a reasonable effort to identify the purchaser's insurance coverage and submit a claim for the COVID-19 control measure to the insurance carrier prior to dispensing the COVID-19 control measure. (f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues a statewide standing order under subsection (b) and any pharmacist who, acting in good faith, directly or through the standing order, dispenses a COVID-19 control measure in accordance with a standing order issued under said subsection (b) shall not be subject to any criminal or civil liability or any professional disciplinary action. (g) The department, the board of registration in medicine and the board of registration in pharmacy may promulgate regulations to implement this section.

M.G.L. c. 94C, § 19F Prescription and dispensation of hormonal contraceptive patches and self-administered oral hormonal contraceptives by registered pharmacists; rules

c. 94C, § 19F. Prescription and dispensation of hormonal contraceptive patches and self-administered oral hormonal contraceptives by registered pharmacists; rules Section 19F. (a) Notwithstanding any general or special law to the contrary, a registered pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to any person, regardless of whether the person has evidence of a previous prescription from a primary care practitioner or reproductive health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive. (b) The department, in consultation with the board of registration in medicine, the board of registration in pharmacy and the division of medical assistance, and in consideration of guidelines established by the American College of Obstetricians and Gynecologists, shall adopt rules to establish: (i) standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists; and (ii) the time frame in which a patient shall have evidence, as defined by the department, of a clinical visit from a primary care practitioner or reproductive health care practitioner immediately following a previous prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist. (c) The rules adopted under subsection (b) shall: (i) require a pharmacist to: (A) complete a training program approved by the board of registration in pharmacy that is related to prescribing hormonal contraceptive patches and self-administered oral hormonal contraceptives; (B) provide a self-screening risk assessment tool that the patient shall use prior to the pharmacist prescribing the hormonal contraceptive patch or self-administered oral hormonal contraceptive; (C) refer the patient to the patient's primary care practitioner or reproductive health care practitioner, if applicable, upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive or advise the patient to consult with a primary care practitioner or reproductive health care practitioner; (D) provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed; and (E) dispense the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription; and (ii) prohibit a pharmacist from: (A) requiring a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of a hormonal contraceptive patch or self-administered oral hormonal contraceptive; and (B) prescribing and dispensing a hormonal contraceptive patch or self-administered oral hormonal contraceptive to a patient who previously received a prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist and who does not have evidence of a clinical visit within the time frame established under clause (ii) of subsection (b).

M.G.L. c. 94C, § 20 Oral prescriptions

c. 94C, § 20. Oral prescriptions Section 20. (a) Upon receiving an oral prescription for a controlled substance or instrument described in section twenty-seven from an authorized practitioner, the pharmacist shall immediately reduce the prescription to writing on a prescription form and shall record the name, address and registration number of the practitioner and the name of any expressly authorized representative, the date of the prescription, the name, dosage and strength per dosage unit of the controlled substance, the serial number assigned to the prescription by the dispensing pharmacy, the name of said pharmacy, 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) If the prescribing practitioner is not known to the pharmacist, he shall make a reasonable effort to determine that the oral authorization came from a registered practitioner. (c) Whenever a practitioner prescribes a controlled substance by oral prescription, the practitioner shall cause an electronic prescription for the prescribed controlled substance to be delivered to the dispensing pharmacy within 2 days; provided, however, that if the practitioner has received an exception from using an electronic prescription from the commissioner pursuant to subsection (h) of section 23, the practitioner shall, within a period of not more than 7 days or such shorter period that is required by federal law, cause a written prescription for the prescribed controlled substance to be delivered to the dispensing pharmacy. The written prescription may be delivered to the pharmacy in person or by mail, but shall be postmarked within 7 days or such shorter period that is required by federal law. When an electronic or written prescription is issued pursuant to this subsection, the practitioner shall indicate on the electronic or written prescription that such prescription is being issued to document an oral prescription. Upon receipt, the dispensing pharmacy shall attach said prescription to the oral prescription which the pharmacy has reduced to writing. Persons charged with the enforcement of this chapter shall report violations of this subsection to the board of registration in medicine, the board of registration in dentistry, the board of registration in podiatry or the board of registration in veterinary medicine, whichever is applicable, and to the commissioner or board of registration in pharmacy, whichever is applicable. The requirements of this subsection shall not apply to controlled substances in Schedule VI of section 3.

M.G.L. c. 94C, § 20A Radiopharmaceutical drugs

c. 94C, § 20A. Radiopharmaceutical drugs Section 20A. Notwithstanding any other provisions of this chapter, a prescription for a radiopharmaceutical drug shall be dispensed only to an individual authorized by the nuclear regulatory commission to possess and administer such drug. Upon receiving an oral prescription for a radiopharmaceutical drug from an authorized practitioner, the nuclear pharmacist shall immediately reduce the prescription to writing and shall record the name, address and registration number of the practitioner and the name of any expressly authorized representative, the date of the prescription, the name and the dose of the radiopharmaceutical drug, the serial number assigned to the prescription by the dispensing nuclear pharmacy, the name of said nuclear pharmacy, the name and address of the patient and any specific instructions required. If the radiopharmaceutical drug is not administered, it shall be returned to the nuclear pharmacy to be disposed of in accordance with requirements established by the nuclear regulatory commission and any applicable law and the nuclear pharmacist shall note on the prescription form the amount of the radiopharmaceutical drug that has been returned and disposed of as required.

M.G.L. c. 94C, § 21 Packaging and labeling by pharmacist filling prescription; distribution of educational pamphlet

c. 94C, § 21. Packaging and labeling by pharmacist filling prescription; distribution of educational pamphlet Section 21. The pharmacist filling a written, electronic or oral prescription for a controlled substance shall package the controlled substance in a container, affixing to the container a label showing the date of filling, the pharmacy name and address, the filling pharmacist's initials, the serial number of the prescription, the name of the patient, unless it is a veterinary prescription, the name of the prescribing practitioner, the name of the controlled substance, directions for use and cautionary statements, if any, contained in such prescription or required by law, and if the controlled substance is dispensed as tablets or capsules the number of same in such container. Upon the request of an elderly person, as defined in section fourteen of chapter nineteen A or a person visually impaired, directions on the label affixed by the pharmacist to a container of a prescription drug shall be typed in a print size allowing no more than ten characters per inch. The department, in consultation with relevant stakeholders and experts in the treatment and management of acute and chronic pain, and based in part on the Pain Management Best Practices Inter–Agency Task Force Report issued by the United States Department of Health and Human Services, shall produce and distribute, either in written or electronic form, to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to narcotic drugs, including opiates, that shall include educational information related to: (i) pain management and the use and availability of non-opioid alternatives for the treatment of acute and chronic pain, including, but not limited to: (A) information on available non-opioid alternatives for the treatment of pain, including non-opioid medications and non-pharmacological therapies; and (B) the advantages and disadvantages of the use of such non-opioid treatment alternatives; (ii) the consumer's option to fill a prescription for a schedule II controlled substance in a lesser quantity than indicated on the prescription pursuant to subsection (d|b5) of section 18; (iii) misuse and abuse of narcotics by adults and children; (iv) the risk of dependency and addiction associated with narcotics use; (v) proper storage and disposal of narcotics; (vi) addiction support and treatment resources; (vii) the telephone helpline operated by the bureau of substance addiction services established in section 18 of chapter 17; (viii) the risks of unintended overdoses associated with prescription opioid use, including, but not limited to: (A) mixing any opioid with stimulants or respiratory depressants, including, but not limited to, alcohol and benzodiazepines; and (B) changes in personal tolerance levels for persons with a history of overdose; and (ix) risk reduction measures to prevent, respond to and reverse an opioid overdose. A pharmacist shall distribute the pamphlet when dispensing a narcotic or controlled substance contained in schedule II or III; provided, however, that pharmacists shall not be required to distribute the pamphlet if: (1) the patient is receiving outpatient palliative care pursuant to section 227 of chapter 111; (2) the patient is a resident of a long-term care facility; or (3) the narcotic or controlled substance is prescribed for use in the treatment of substance use disorder or opioid dependence. For the purposes of this section, non-opioid treatment alternatives shall include, but shall not be limited to, medications, restorative therapies, interventional procedures, behavioral health approaches and complementary and integrative treatments. The labeling provisions of this section shall apply to the compounding and dispensing of drugs on the oral, electronic or written prescription of a licensed and registered prescriber under section 9. All drug preparations compounded, made or formulated by a pharmacy licensed by the board of registration in pharmacy shall have affixed to their container by the compounding pharmacy a label notifying prescribed users and practitioners that the drug is either a sterile or non-sterile compounded drug preparation. All pharmacies engaged in sterile or complex non-sterile compounding and licensed under sections 39G to 39I, inclusive, of chapter 112 shall provide a telephone number to foster communication between patients in the commonwealth and a pharmacist employed by the pharmacy who has access to the patient's records. The phone shall be staffed during regular hours of operation every day and not less than 56 hours per week. The phone number shall be affixed to the drug's container, alongside the label notifying prescribed users and practitioners of the fact that the drug is a compounded drug preparation. This paragraph shall not apply to an institutional pharmacy licensed pursuant to section 39I of chapter 112 if the sterile drug preparation compounded by such pharmacy is to be administered to an individual admitted as an inpatient within the same hospital.

M.G.L. c. 94C, § 21A Prescriptions; prospective drug review and counseling by pharmacist

c. 94C, § 21A. Prescriptions; prospective drug review and counseling by pharmacist Section 21A. A pharmacist shall conduct a prospective drug review before each new prescription is dispensed or delivered to a patient or a person acting on behalf of such patient. Such review may include, but not be limited to, screening for potential drug therapy problems due to therapeutic duplication, drug disease contraindication, drug interactions, including serious interactions with nonprescription or over-the-counter drugs, incorrect drug dosage, duration of drug treatment, drug allergy interactions and clinical abuse or misuse. A pharmacist shall offer to counsel any person who presents a new prescription for filling. Such offer shall be made either by face to face communication between the pharmacist or the pharmacist's designee and the patient, or by telephone, except when the patient's needs or availability require an alternative method of counseling. If a person elects delivery of a prescription drug at a location other than a pharmacy, the requirements of this section may be satisfied by providing such person with access to a toll-free telephone service to facilitate communication between such person and the pharmacist at such pharmacy. The number of such toll-free telephone service shall be printed on a label affixed to each container of a prescription drug dispensed by a pharmacy to a patient. For the purposes of medical assistance and other third party reimbursements or payment programs, any of the above methods, or a combination thereof, shall constitute an acceptable offer to provide counseling. If an offer to provide counseling is accepted, the pharmacist shall counsel the person presenting the prescription to the extent the pharmacist deems appropriate. Such counseling may include, but not be limited to, the following: (1) the name and description of the medication; (2) the dosage form, dosage, route of administration and duration of drug therapy; (3) special instructions and precautions for preparation, administration and use by the patient; (4) common adverse or severe side effects or interactions and therapeutic contraindications that may be encountered, including their avoidance and the action required if they occur; (5) techniques for self-monitoring drug therapy; (6) proper storage; (7) prescription refill information; and (8) action to be taken in the event of a missed dose. Nothing in this section shall be construed to require a pharmacist to provide counseling if the person presenting the prescription declines to accept such offer for counseling. The pharmacist or his designee shall make reasonable efforts to obtain, record and maintain the following patient information generated at an individual pharmacy: (1) the name, address, telephone number, date of birth or age, and gender; (2) individual history where significant, including known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and (3) any additional comments relevant to the patient's drug use, including any failure to accept the pharmacist's offer to counsel. Such information may be recorded in the patient's manual or electronic profile or in the prescription signature log, or in any other system of records and may be considered by the pharmacist in the exercise of his professional judgement concerning both the offer to counsel and the content of counseling. The absence of any record of a failure to accept the pharmacist's offer to counsel shall create a presumption that such counseling was provided. The provisions of this section shall not apply to any drug dispensed to an inpatient at a hospital or nursing home, except to the extent required by regulations promulgated by the Federal Health Care Financing Administration pursuant to the provisions of 42 USC 1396r–8.

M.G.L. c. 94C, § 21B Advertisement and sale of prescription lock boxes by pharmacies

c. 94C, § 21B. Advertisement and sale of prescription lock boxes by pharmacies Section 21B. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Lock box'', a box with a locking mechanism that cannot be tampered with or opened without extreme force. ''Pharmacy'', a facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances; provided, however, that ''pharmacy'' shall not include an institutional pharmacy or a pharmacy department except as otherwise provided in 247 CMR. ''Prescription drug'', a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with the statement ''Caution, federal law prohibits dispensing without prescription'' or a drug which is required by applicable federal or state law or regulation to be dispensed pursuant only to a prescription drug order. (b) A pharmacy registered in the commonwealth to dispense schedule II, III, IV or V prescription drugs shall make available prescription lock boxes for sale at each store location. Pharmacies shall make customers aware of the availability of the lock boxes by displaying a sign on or near the pharmacy counter that: (i) is at least 4 inches by 5 inches; and (ii) includes the following statement in legibly printed font: ''Lock boxes for securing your prescription medications are available at this pharmacy''.

M.G.L. c. 94C, § 21C Point of sale charge for prescription drug; limit on amount of cost-sharing payment

c. 94C, § 21C. Point of sale charge for prescription drug; limit on amount of cost-sharing payment Section 21C. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Cost-sharing'', an amount owed by an individual under the terms of the individual's health benefit plan. ''Health benefit plan'', as defined in section 1 of chapter 176O. ''Pharmacy benefit manager'', as defined in section 1 of chapter 176Y. ''Pharmacy retail price'', the amount an individual would pay for a prescription drug at a pharmacy if the individual purchased that prescription drug at that pharmacy without using a health benefit plan or any other prescription medication benefit or discount. (b) At the point of sale, a pharmacy shall charge an individual for a prescription drug the lesser of: (i) the applicable cost-sharing amount; or (ii) the pharmacy retail price. (c) A health benefit plan or carrier shall not require an insured to make a cost-sharing payment for a prescription drug in an amount greater than that charged pursuant to subsection (b). (d) No contractual obligation between a pharmacy benefit manager and a pharmacist shall prohibit a pharmacist from complying with this section.

M.G.L. c. 94C, § 22 Contents of prescription written by practitioner

c. 94C, § 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.

M.G.L. c. 94C, § 23 Written or electronic prescriptions; requirements and restrictions

c. 94C, § 23. Written or electronic prescriptions; requirements and restrictions Section 23. (a) A written or electronic prescription for a controlled substance in Schedule II shall become invalid 30 days after the date of issuance. (b) A written or electronic prescription for a controlled substance in schedule II shall not be refilled. Written prescriptions for a controlled substance in schedule II shall be kept in a separate file. (c) The pharmacist filling a written or electronic prescription for a controlled substance in Schedule II shall endorse his own signature on the face thereof. (d) Unless otherwise prohibited by statute, prescriptions for the following controlled substances in Schedule II or III may be filled for a maximum of a 90-day supply of such substance upon a single filling for: (i) the treatment of opioid use disorder, including, but not limited to, buprenorphine; (ii) non-opioid controlled substances, including, but not limited to, methylphenidate and testosterone; and (iii) implantable infusion pumps. All other prescriptions for controlled substances in Schedule II or III may be filled for a maximum of a 30-day supply of such substance upon a single filling. Notwithstanding this subsection, the department may provide by regulation that a prescription for a substance in Schedule II or III may be filled for a maximum of less than a 90-day supply upon a single filling if the secretary of health and human services or the board of pharmacy determines that such restriction is needed to address increased abuse of the substance. (e) All prescriptions for controlled substances shall be kept for two years by the pharmacy and shall be subject to inspection pursuant to the provisions of this chapter. (f) No prescription for a controlled substance shall be refilled unless the original prescription provides for such refilling and unless the number of refills has been specified in said prescription. (g) Prescribers shall issue an electronic prescription for all controlled substances and medical devices. The department shall promulgate regulations setting forth standards for electronic prescriptions. (h) The commissioner, through regulation, shall establish exceptions to section 17 and subsection (g) authorizing the limited use of a written and oral prescription where appropriate. The exceptions shall be limited to: (i) prescriptions that are issued by veterinarians; (ii) prescriptions issued or dispensed in circumstances where electronic prescribing is not available due to temporary technological or electrical failure; (iii) a time-limited waiver process for practitioners who demonstrate economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance; (iv) prescriptions that are issued or dispensed in emergency situations as defined by the commissioner pursuant to said section 17, including situations where the electronic prescription requirement would result in a delay that would adversely impact the patient's medical condition; (v) when a prescription cannot be issued electronically under federal or state law or regulations; (vi) prescriptions issued outside the jurisdiction of the commonwealth; and (vii) other exceptions to said section 17 and said subsection (g) as the commissioner determines necessary; provided, however, that 90 days before promulgating or amending any regulations regarding other exceptions to said section 17 and said subsection (g), the commissioner shall file with the house and senate committees on ways and means, the joint committee on public health, and the joint committee on mental health, substance use and recovery a written report setting forth justification for such changes. (i) All written prescriptions shall be written in ink, indelible pencil or by other means on a tamper resistant form consistent with federal requirements for Medicaid and signed by the prescribing practitioner.

M.G.L. c. 94C, § 24 Dispensing by practitioner for narcotic drug research or treatment of drug dependent persons

c. 94C, § 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.

M.G.L. c. 94C, § 24A Electronic monitoring of the prescribing and dispensing of controlled substances and certain additional drugs

c. 94C, § 24A. Electronic monitoring of the prescribing and dispensing of controlled substances and certain additional drugs Section 24A. (a)(1) The department shall establish and maintain an electronic system to monitor the prescribing and dispensing of all schedule II to V, inclusive, controlled substances and certain additional drugs by all professionals licensed to prescribe or dispense such substances. For the purposes of this section, ''additional drugs'' shall mean substances determined by the department to carry a bona fide potential for abuse. (2) The department shall enter into reciprocal agreements with other states that have compatible prescription drug monitoring programs to share prescription drug monitoring information among the states. (b) The requirements of this section shall not apply to the dispensing of controlled substances to inpatients in a hospital. (c) For the purposes of monitoring the prescribing and dispensing of all schedule II to V, inclusive, controlled substances and additional drugs, as authorized in subsection (a), the department shall promulgate regulations including, but not limited to, (1) a requirement that each pharmacy that delivers a schedule II to V, inclusive, controlled substance or a substance classified as an additional drug by the department to the ultimate user shall submit to the department, by electronic means, information regarding each prescription dispensed for a drug included under subsection (a); and (2) a requirement that each pharmacy collects and reports, for each prescription dispensed for a drug under subsection (a), a customer identification number and other information associated with the customer identification number, as specified by the department. Each pharmacy shall submit the information in accordance with transmission methods and frequency requirements promulgated by the department; provided, however, that the information shall be submitted at least once every 24 hours. The department may issue a waiver to a pharmacy that is unable to submit prescription information by electronic means. The waiver shall permit the pharmacy to submit prescription information by other means promulgated by the department; provided, however, that all information required in this section is submitted in this alternative format. The department shall promulgate rules and regulations relative to the use of the prescription monitoring program by registered participants. The regulations shall include the requirement that prior to issuance, participants shall utilize the prescription monitoring program each time a prescription for a narcotic drug that is contained in schedule II or III, or a prescription for a benzodiazepine, is issued. The department may require participants to utilize the prescription monitoring program prior to the issuance of any schedule IV or V prescription drug, that is commonly misused and may lead to physical or psychological dependence or that causes patients with a history of substance dependence to experience significant addictive symptoms. The regulations shall specify the circumstances under which such narcotics or benzodiazepines may be prescribed without first utilizing the prescription monitoring program. The regulations may also specify the circumstances under which support staff may use the prescription monitoring program on behalf of a registered participant. When promulgating the rules and regulations, the department shall also require that pharmacists be trained in the use of the prescription monitoring program as part of the continuing education requirements mandated for licensure by the board of registration in pharmacy, under section 24A of chapter 112. The department shall also study the feasibility and value of expanding the prescription monitoring program to include schedule VI prescription drugs. (d) Prescription information submitted to the department under this section shall be confidential and exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66. The department shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted and maintained is not disclosed to persons except as provided for in this chapter. (e) The department shall review the prescription and dispensing monitoring information. If there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the department shall notify the appropriate law enforcement or professional licensing, certification or regulatory agency or entity and provide prescription information required for an investigation. (f) The department shall, upon request, provide data from the prescription monitoring program to the following:— (1) persons authorized to prescribe or dispense controlled substances, for the purpose of providing medical or pharmaceutical care for their patients; (2) individuals who request their own prescription monitoring information in accordance with procedures established under chapter 66A; (3) persons authorized to act on behalf of state boards and regulatory agencies that supervise or regulate a profession that may prescribe controlled substances; provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug-related investigation; (4) local, state and federal law enforcement or prosecutorial officials working with the executive office of public safety and security engaged in the administration, investigation or enforcement of the laws governing prescription drugs; provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug-related investigation and accompanied by a probable cause warrant issued pursuant to chapter 276; (5) personnel of the executive office of health and human services regarding Medicaid program recipients; provided, however that the data request is in connection with a bona fide specific controlled substance or additional drug-related investigation; (6) personnel of: (A) the United States attorney or a federal agency; provided, however, that the data request is made pursuant to clause (4) or federal law; (B) the office of the attorney general provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug related investigation and accompanied by a probable cause warrant issued pursuant to chapter 276 or a civil investigative demand; or (C) a district attorney's office; provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug related investigation and accompanied by a probable cause warrant issued pursuant to chapter 276; (7) personnel of the Medicaid fraud control unit within the office of the attorney general; provided, however, that the data request is made in connection with a bona fide specific controlled substance or additional drug related investigation of a practitioner, pharmacist, pharmacy, person required to be a registered participant by this chapter or any other provider subject to the jurisdiction of a Medicaid fraud control unit under federal law, including, but not limited to, 42 U.S.C. section 1396b, et. seq.; and provided further, that, notwithstanding clauses (4) and (6), the department shall provide the data requested pursuant to this clause without a probable cause warrant issued pursuant to chapter 276 or a civil investigative demand; or (8) personnel within the office of a district attorney; provided, however, that the data request is made in connection with a bona fide investigation into the cause and manner of death of an individual suspected of a drug overdose; provided further, that data provided pursuant to this clause is limited to the prescription information of the individual suspected of the drug overdose; and provided further, that, notwithstanding clauses (4) and (6), the department shall provide the data requested pursuant to this clause without a probable cause warrant issued pursuant to chapter 276. (g) The department may provide data from the prescription monitoring program to practitioners in accordance with this section; provided, however, that practitioners shall be able to access the data directly through a secure electronic medical record or other similar secure software or information system that enables automated query and retrieval of prescription monitoring program data to a practitioner. This data may be used only for the purpose of diagnosis, treatment or coordinating care of the practitioner's patient, unless otherwise permitted by this section. Any such secure software or information system shall identify the registered participant on whose behalf the prescription monitoring program was accessed. The department may enter into data use agreements to allow summary prescription monitoring program data to be securely retained in the patient's medical record as a clinical note associated with a clinical encounter; provided, however, that prescription monitoring program data shall not be retained separately from said clinical note; and provided further, that no such agreement shall allow for prescription monitoring program data to be used for purposes inconsistent with this section. (h) The department may provide de-identified information to a public or private entity for statistical research or educational purposes. (i) The department may contract with another agency or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. A contractor shall be bound to comply with the provisions regarding confidentiality of prescription information in this section. (j) The department shall promulgate rules and regulations setting forth the procedures and methods for implementing this section. (k) The department shall submit an annual report on the effectiveness of the prescription monitoring program with the clerks of the house and senate, the chairs of the joint committee on public health, the chairs of the joint committee on health care financing and the chairs of the joint committee on public safety and homeland security. (l) Upon receiving a report of an overdose-related death from the chief medical examiner, under section 16 of chapter 38, or a report of examination or treatment of a person with injuries resulting from an opiate, illegal or illicit drug overdose, under section 12A of chapter 112, the department shall review the prescription monitoring program to determine if a notification should be made under subsection (e). (m) The department may enter into agreements to permit health care facilities to integrate secure software or information systems into their electronic medical records for the purpose of using prescription monitoring program data to perform data analysis, compilation, or visualization, for purposes of diagnosis, treatment or coordinating care of the practitioner's patient. Any such secure software or information system shall comply with requirements established by the department to ensure the security and confidentiality of any data transferred.

M.G.L. c. 94C, § 24B Mean and median quantity and volume of prescriptions for opiates; notification of practitioner's own percentile ranking

c. 94C, § 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.

M.G.L. c. 94C, § 25 Restrictions

c. 94C, § 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.

M.G.L. c. 94C, § 26 Distribution in course of business in violation of Sec. 16 or furnishing false information in application, etc., prohibited

c. 94C, § 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.

M.G.L. c. 94C, § 27 Sale of hypodermic syringes or hypodermic needles

c. 94C, § 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.

M.G.L. c. 94C, § 27A Collection and disposal of spent non-commercially generated hypodermic needles and lancets

c. 94C, § 27A. Collection and disposal of spent non-commercially generated hypodermic needles and lancets Section 27A. (a) Notwithstanding any general or special law to the contrary, the department of environmental protection and the department of public health, in conjunction with other relevant state and local agencies and government departments, shall design, establish and implement, or cause to be implemented a program for the collection and disposal of spent non-commercially generated hypodermic needles and lancets. The program shall be designed to protect the public health and the environment by providing for the safe, secure and accessible collection and disposal of hypodermic needles and lancets. The departments may collaborate with private companies as well as not-for-profit agencies when designing, establishing and implementing this program. (b) (1) Sharps disposal programs may include, but are not limited to the following:— (i) a program for safe, secure home sharp disposal; (ii) establishing sharps collection centers in medical facilities and pharmacies; (iii) establishing sharps collection centers in municipal facilities, including, but not limited to, fire stations, police stations and public health offices; provided that sharps collection centers may be located at senior centers only for the purpose of disposing of medically necessary hypodermic needles; and (iv) medical waste mail-back programs approved by the United States Postal Service. (2) Medical facilities, pharmacies and participating municipal facilities may work with the department of public health and the department of environmental protection to determine the proper program for sharps disposal implementation within each community. (c) For the purposes of this section, a ''sharps collection center'' shall be an identified site within a community which: (1) uses only collection containers that meet the requirements of the federal Occupational Safety and Health Administration and the federal Department of Transportation and is marked with the international biohazard symbol; (2) provides secure and accessible collection containers on site; (3) accepts sharps from sharps users that are in leak-proof, rigid, puncture-resistant and shatterproof containers; (4) provides appropriate transfer containers for sharps users who fail to bring their sharps in suitable containers for placement in the collection container; (5) has a written agreement with a medical waste transporter providing for regularly scheduled waste pickups; and (6) stores, handles, transports and treats the collected waste in accordance with department of public health regulations. (d) The program shall be designed to protect the public health and the environment by providing for the safe, secure and accessible collection and disposal of hypodermic needles and lancets. The department of public health, in consultation with the department of environmental protection, shall adopt regulations to ensure the safe, secure and accessible collection and disposal of hypodermic needles and lancets, and shall provide recommendations for legislative action to the joint committee on public health, the senate and house committees on ways and means and the clerks of the senate and house of representatives. Included in the recommendations for legislative action shall be recommended punishments and fines for the inappropriate, unsafe or unlawful disposal of the hypodermic needles and lancets.

M.G.L. c. 94C, § 28 Jurisdiction of superior court

c. 94C, § 28. Jurisdiction of superior court Section 28. Upon petition of the board of registration in pharmacy or the commissioner in the case of a pharmacy, or upon petition of the commissioner in any case, the superior court shall have jurisdiction to restrain or enjoin a violation of this chapter.

M.G.L. c. 94C, § 29 Educational programs for prevention of abuse of controlled substances

c. 94C, § 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.

M.G.L. c. 94C, § 30 Administrative inspection of controlled premises

c. 94C, § 30. Administrative inspection of controlled premises Section 30. (a) Administrative inspection warrants shall issue for the inspection of controlled premises in accordance with the provisions of this section. As used in this section ''administrative inspection warrants'' are warrants for the purpose of inspecting, copying and verifying the correctness of records, reports or other documents required to be kept by a registrant on controlled premises and for the seizure of property appropriate to such inspection. For the purposes of this section ''controlled premises'' means any place or area, including but not limited to any building, conveyance, warehouse, factory, or establishment, in which persons registered under the provisions of this chapter or required thereunder to keep records, are permitted to hold, manufacture, compound, process, distribute, deliver, dispense, or administer any controlled substance or in which such persons make or maintain records pertaining thereto. (b) A district court or justice or superior court justice may, upon proper oath or affirmation by the commissioner or his designee except in the case of a pharmacy, by the commissioner or his designee or by the designee of the board of registration in pharmacy, or by a police officer showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder, and seizures of property if appropriate to the inspections. For the purposes of the issuance of administrative inspection warrants, probable cause exists upon a showing of a reasonable and valid public interest in the effective enforcement of this chapter or rules or regulations hereunder under a general plan sufficient to justify administrative inspection of an area, premises, buildings or conveyances in the circumstances specified in the application or such warrant. (c) An administrative inspection warrant shall issue only upon affidavit sworn to before the court, or justice establishing the grounds for issuing the warrant. If the court or justice is satisfied that grounds for the issuance of such warrant exists or that there is probable cause to believe they exist, he shall issue such warrant identifying the area, premises, buildings or conveyances to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. Such warrant shall: (1) be directed to the commissioner or his designee, except in the case of a pharmacy to the commissioner or to the designee of the board of registration in pharmacy, or to a police officer; (2) command the person to whom it is directed to inspect the area, premises, buildings or conveyances identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (3) describe the item or types of property to be inspected or seized, if any; (4) direct that it be served during normal business hours. (d) An administrative inspection warrant issued and executed pursuant to the provisions of this section shall be returned to the issuing court, except if said warrant is issued by the superior court it shall be returned to any court named in such warrant, within ten days of the date of issuance thereof unless, upon a showing of a need for additional time, the court or justice orders otherwise. If property is seized pursuant to such warrant, a copy of the inventory shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The inventory shall be made in the presence of the person executing such warrant and of the person from whose possession or premises the property was taken, if present. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for such warrant at the time it is returned to a court. (e) When authorized by an administrative inspection warrant issued pursuant to this section a person designated by the commissioner, except in the case of a pharmacy by the commissioner or by the board of registration in pharmacy, upon showing such warrant to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection. (f) A person executing an administrative inspection warrant may: (1) use reasonable force and means to execute the warrant; (2) inspect and copy records required by this chapter to be kept; (3) inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and except as provided in subsection (h), all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and (4) inventory any stock of any controlled substance therein and obtain samples thereof. (g) This section shall not prevent entries and administrative inspections, including seizures of property, without a warrant: (1) if the owner, operator, or agent in charge of the controlled premises consents; (2) in situations presenting imminent danger to health or safety; (3) in situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (4) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or (5) in all other situations in which a warrant is not required by the laws and constitution of the commonwealth or of the United States. (h) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

M.G.L. c. 94C, § 31 Classes of controlled substances; establishment of criminal penalties for violations of this chapter

c. 94C, § 31. Classes of controlled substances; establishment of criminal penalties for violations of this chapter Section 31. For the purposes of establishing criminal penalties for violation of a provision of this chapter, there are established the following five classes of controlled substances: CLASS A (a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Acetylmethadol (2) Allylprodine (3) Alphacetylmethadol (4) Alphameprodine (5) Alphamethadol (6) Benzethidine (7) Betacetylmethadol (8) Betameprodine (9) Betamethadol (10) Betaprodine (11) Clonitazene (12) Dextromoramide (13) Dextrorphan (14) Diampromide (15) Diethylthiambutene (16) Dimenoxadol (17) Dimepheptanol (18) Dimethylthiambutene (19) Dioxaphetylbutyrate (20) Dipipanone (21) Ethylmethylthiambutene (22) Etonitazene (23) Etoxeridine (24) Furethidine (25) Hydroxypethidine (26) Ketobemidone (27) Levomoramide (28) Levophenacylmorphan (29) Morpheridine (30) Noracymethadol (31) Norlevorphanol (32) Normethadone (33) Norpipanone (34) Phenadoxone (35) Phenampromide (36) Phenomorphan (37) Phenoperidine (38) Piritramide (39) Proheptazine (40) Properidine (41) Racemoramide (42) Trimeperidine (b) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine (2) Acetyldihydrocodeine (3) Benzylmorphine (4) Codeine methylbromide (5) Codeine–N–Oxide (6) Cyprenorphine (7) Desomorphine (8) Dihydromorphine (9) Etorphine (10) Heroin (11) Hydromorphinol (12) Methyldesorphine (13) Methylhydromorphine (14) Morphine methylbromide (15) Morphine methylsulfonate (16) Morphine–N–Oxide (17) Myrophine (18) Nicocodeine (19) Nicomorphine (20) Normorphine (21) Pholcodine (22) Thebacon (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations: (1) Flunitrazepam (2) Gamma Hydroxy Butyric Acid (3) Ketamine. [Paragraph (d) of Class A applicable as provided by 2018, 69, Sec. 237.] (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations: (1) Acetyl Fentanyl (2) Carfentanil (3) Fentanyl (4) Cyclopropyl fentanyl (5) Furanyl fentanyl (6) 3–methylfentanyl (7) 3,4–Dichloro–N–[2–(dimethylamino)cyclohexyl]–N–methylbenzamide (8) Any synthetic opioid controlled in Schedule I of 21 C.F.R. 1308.11 or Schedule II of 21 C.F.R. 1308.12, unless specifically excepted or unless listed in another class in this section. CLASS B (a) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate (2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) except that these substances shall not include the isoquinoline alkaloids of opium (3) Opium poppy and poppy straw (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. (5) Phenyl–2–Propanone (P2P) (6) Phenylcyclohexylamine (PCH) (7) Piperidinocyclohexanecarbonitrile (PCC) (8) 3,4–methylenedioxy methamphetamine (MDMA). (b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including isomers, esters, ethers, salts, and salts of isomer, esters, and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: [Clauses (1) to (20) of paragraph (b) of Class B applicable as provided by 2018, 69, Sec. 237.] (1) Alphaprodine (2) Anileridine (3) Bezitramide (4) Dihydrocodeine (5) Diphenoxylate (6) Isomethadone (7) Levomethorphan (8) Levorphanol (9) Metazocine (10) Methadone (11) Methadone–Intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl butane (12) Moramide–Intermediate, 2–methyl–3 morpholine–1, 1–diphenyl–propane carboxylic acid (13) Pethidine (14) Pethidine–Intermediate–A, 4–cyano–1–methyl–4–phenylpiperidine (15) Pethidine–Intermediate–B, ethyl–4–phenylpiperidine–4–carboxylate (16) Pethidine–Intermediate–C, 1–methyl–4–phenylpiperidine–4–carboxylic acid (17) Phenazocine (18) Piminodine (19) Racemethorphan (20) Racemorphan (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers and salts of its optical isomers. (2) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers. (3) Phenmetrazine and its salts. (4) Methylphenidate. (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid. (2) Any substance which contains any quantity of methaqualone, or any salt or derivative of methaqualone. (e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Lysergic acid (2) Lysergic acid amide (3) Lysergic acid diethylamide (4) Phencyclidine. CLASS C (a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Chlordiazepoxide (2) Chlorhexadol (3) Clonazepam (4) Clorazepate (5) Diazepam (6) Flurazepam (7) Glutethimide (8) Lorazepam (9) Methyprylon (10) Oxazepam (11) Prazepam (12) Sulfondiethylmethane (13) Sulfonethylmethane (14) Sulfonmethane (15) Temazepam. (b) Nalorphine (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium. (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active nonnarcotic ingredients in recognized therapeutic amounts. [There is no paragraph (d).] (e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3, 4–methylenedioxy amphetamine (2) 5–methoxy–3, 4–methylenedioxy amphetamine (3) 3, 4, 5–trimethoxy amphetamine (4) Bufotenine (5) Diethyltryptamine (6) Dimethyltryptamine (7) 4–methyl–2, 5–dimethoxyamphetamine (8) Ibogaine (9) Mescaline (10) Peyote (11) N–ethyl–3–piperidyl benzilate (12) N–methyl–3–piperidyl benzilate (13) Psilocybin (14) Psilocyn (15) Tetrahydrocannabinols (16) 4–Bromo–2, 5–Dimethoxy-amphetamine. (17) 3, 4—methylenedioxymethcathinone, MDMC (18) 3, 4—methylenedioxypyrovalerone, MDPV (19) 4—methylmethcathinone, 4–MMC (20) 4—methoxymethcathinone, bk–PMMA, PMMC (21) 3, 4—fluoromethcathinone, FMC (22) Napthylpyrovalerone, NRG–1 (23) Beta-keto–N–methylbenzodioxolylpropylamine (24) 2–(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone (25) 3–methoxymethcathinone (26) 4–methyl-alpha-pyrrolidinobutyrophenone (27) 2–(methylamino)–1–phenylpropan–1–one (28) 4–ethylmethcathinone (29) 3,4–Dimethylmethcathinone (30) alpha–Pyrrolidinopentiophenone (31) beta–Keto–Ethylbenzodioxolylbutanamine (32) 3,4–methylenedioxy–N–ethylcathinone. (f) Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation, which contains any quantity of the following hallucinogenic substances or cannabimimetic agents within the structural classes identified below: (1) 2–(3–hydroxycyclohexyl) phenol with substitution at the 5–position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent; (2) 3–(1–naphthoyl) indole or 3–(1–naphthyl) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent; (3) 3–(1–naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent; (4) 1–(1–naphthylmethyl) indene by substitution of the 3–position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent; (5) 3–phenylacetylindole or 3–benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent; (6) 5–(1,1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–47,497); (7) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (cannabicyclohexanol or CP–47,497 C8–homolog); (8) 1–pentyl–3–(1–naphthoyl) indole (JWH–018 and AM678); (9) 1–butyl–3–(1–naphthoyl) indole (JWH–073); (10) 1–hexyl–3–(1–naphthoyl) indole (JWH–019); (11) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl) indole (JWH–200); (12) 1–pentyl–3–(2–methoxyphenylacetyl) indole (JWH–250); (13) 1–pentyl–3–[1–(4–methoxynaphthoyl)] indole (JWH–081); (14) 1–pentyl–3–(4–methyl–1–naphthoyl) indole (JWH–122); (15) 1–pentyl–3–(4–chloro–1–naphthoyl) indole (JWH–398); (16) 1–(5–fluoropentyl)–3–(1–naphthoyl) indole (AM2201); (17) 1–(5–fluoropentyl)–3–(2–iodobenzoyl) indole (AM694); (18) 1–pentyl–3–[(4–methoxy)–benzoyl] indole (SR–19 and RCS–4); (19) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl) indole (SR–18 and RCS–8); and (20) 1–pentyl–3–(2–chlorophenylacetyl) indole (JWH–203). CLASS D (a) (1) Barbital (2) Chloral betaine (3) Chloral hydrate (4) Ethchlorvynol (5) Ethinamate (6) Methohexital (7) Meprobamate (8) Methylphenobarbital (9) Paraldehyde (10) Petrichloral (11) Phenobarbital (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Marihuana (2) Butyl Nitrite (3) Isobutyl Nitrite (4) 1–Nitrosoxy–Methyl–Propane. CLASS E (a) Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams (b) Prescription drugs other than those included in Classes A, B, C, D, and subsection (a) of this Class.

M.G.L. c. 94C, § 32 Class A controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc.; eligibility for parole

c. 94C, § 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.

M.G.L. c. 94C, § 32A Class B controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc.

c. 94C, § 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.

M.G.L. c. 94C, § 32B Class C controlled substances; unlawful manufacturer, distribution, dispensing or possession with intent to manufacture, etc.

c. 94C, § 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.

M.G.L. c. 94C, § 32C Class D controlled substances; unlawful manufacture, distribution, dispensing, cultivation or possession with intent to manufacture, etc.

c. 94C, § 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.

M.G.L. c. 94C, § 32D Class E controlled substances; unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, etc.

c. 94C, § 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.

M.G.L. c. 94C, § 32E Trafficking in marihuana, cocaine, heroin, synthetic opioids, morphine, opium, etc.; eligibility for parole

c. 94C, § 32E. Trafficking in marihuana, cocaine, heroin, synthetic opioids, morphine, opium, etc.; eligibility for parole 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 fifty pounds or more of marihuana or a net weight of fifty 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 one hundred pounds, be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than fifteen years or by imprisonment in a jail or house of correction for not less than one nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of one year and a fine of not less than five hundred nor more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum one year term of imprisonment, as established herein. (2) One hundred pounds or more, but less than two thousand pounds, be punished by a term of imprisonment in the state prison for not less than 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 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 term of imprisonment, as established herein. (3) Two thousand pounds or more, but less than ten thousand pounds, 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 five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (4) Ten thousand pounds or more, be punished by a term of imprisonment in the state prison for not less than 8 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 8 years and a fine of not less than twenty thousand nor more than two hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a), clause (2) of paragraph (c) or in clause (3) of paragraph (c) of Class B of section thirty-one 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 less than 2 nor more than 15 years. No sentence imposed under this clause shall be for less than a minimum term of imprisonment of 2 years, and a fine of not less $2,500 nor more than $25,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (2) Thirty-six grams or more, but less than 100 grams, be punished by a term of imprisonment in the state prison for not less than 31/2 nor more than 20 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 31/2 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (3) One hundred grams or more, but less than two hundred grams, be punished by a term of imprisonment in the state prison for not less than 8 nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 8 years and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than 12 nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 12 years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. [Subsections (c) through (c3/4) applicable as provided by 2018, 69, Sec. 237.] (c) Any person who trafficks in heroin or any salt thereof, 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 heroin or any salt thereof, 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 heroin or any salt thereof, 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 heroin or any salt thereof, 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 less than 31/2 nor more than 30 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 31/2 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (2) Thirty-six grams or more but less than 100 grams, be punished by a term of imprisonment in the state prison for not less than 5 nor more than 30 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 5 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein. (3) One hundred grams or more but less than two hundred grams, be punished by a term of imprisonment in the state prison for not less than 8 nor more than 30 years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of 8 years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein. (4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than 12 nor more than 30 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 12 years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein. (c1/2) 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 less than 3 and one-half nor more than 20 years. No sentence imposed under the provisions of this subsection shall be for less than a mandatory minimum term of imprisonment of 3 and one-half years. (c3/4) 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 less than 3 and one-half nor more than 20 years. No sentence imposed pursuant to this subsection shall be for less than a mandatory minimum term of imprisonment of 3 and one-half years. (d) Any person serving a mandatory minimum sentence for violating 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 others 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.

M.G.L. c. 94C, § 32F Unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc. of controlled substances in Classes A to C to minors

c. 94C, § 32F. Unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc. of controlled substances in Classes A to C to minors 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 less than five 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 twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (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 less than three 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 three years and a fine of not less than one thousand nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. (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 less than two and one-half nor more than fifteen years or in a jail or house of correction for not less than two nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of two years and a fine of not less than one thousand nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum two year term of imprisonment, as established herein. (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 less than five nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a minimum term of imprisonment of five years, and a fine of not less than one thousand nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

M.G.L. c. 94C, § 32G Counterfeit substances; unlawful creation, distribution, dispensing or possession with intent to distribute or dispense

c. 94C, § 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.

M.G.L. c. 94C, § 32H Prosecutions not to be continued or placed on file; suspension or reduction of sentence; eligibility for parole, etc.

c. 94C, § 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.

M.G.L. c. 94C, § 32H1/2 Good behavior deductions from sentence after serving mandatory minimum term of imprisonment; eligibility; parole; work release

c. 94C, § 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.

M.G.L. c. 94C, § 32I Drug paraphernalia; sale, possession or manufacture with intent to sell; penalty; sale of tobacco rolling papers

c. 94C, § 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.

M.G.L. c. 94C, § 32J Controlled substances violations in, on or near school property or public parks or playgrounds

c. 94C, § 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.

M.G.L. c. 94C, § 32K Inducing or abetting minor to distribute or sell controlled substances

c. 94C, § 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.

M.G.L. c. 94C, § 32L Possession of 2 ounces or less of marihuana; civil penalty and forfeiture; other sanctions or disqualifications prohibited

c. 94C, § 32L. Possession of 2 ounces or less of marihuana; civil penalty and forfeiture; other sanctions or disqualifications prohibited [ First paragraph effective until April 19, 2026. For text effective April 19, 2026, see below.] Section 32L. Notwithstanding any general or special law to the contrary, possession of 2 ounces or less of marihuana shall only be a civil offense, subjecting an offender who is 18 to 21 years of age, inclusive, to a civil penalty of one hundred dollars and forfeiture of the marihuana, but not to any other form of criminal or civil punishment or disqualification. An offender under the age of eighteen shall be subject to the same forfeiture and civil penalty provisions, provided he or she completes a drug awareness program which meets the criteria set forth in Section 32M of this Chapter. The parents or legal guardian of any offender under the age of eighteen shall be notified in accordance with Section 32N of this Chapter of the offense and the availability of a drug awareness program and community service option. If an offender under the age of eighteen fails within one year of the offense to complete both a drug awareness program and the required community service, the civil penalty may be increased pursuant to Section 32N of this Chapter to one thousand dollars and the offender and his or her parents shall be jointly and severally liable to pay that amount. [ First paragraph as amended by 2026, 65, Sec. 7 effective April 19, 2026. For text effective until April 19, 2026, see above.] Notwithstanding any general or special law to the contrary, possession of 3 ounces or less of marihuana shall only be a civil offense, subjecting an offender who is 18 to 21 years of age, inclusive, to a civil penalty of one hundred dollars and forfeiture of the marihuana, but not to any other form of criminal or civil punishment or disqualification. An offender under the age of eighteen shall be subject to the same forfeiture and civil penalty provisions, provided he or she completes a drug awareness program which meets the criteria set forth in Section 32M of this Chapter. The parents or legal guardian of any offender under the age of eighteen shall be notified in accordance with Section 32N of this Chapter of the offense and the availability of a drug awareness program and community service option. If an offender under the age of eighteen fails within one year of the offense to complete both a drug awareness program and the required community service, the civil penalty may be increased pursuant to Section 32N of this Chapter to one thousand dollars and the offender and his or her parents shall be jointly and severally liable to pay that amount. [ Second paragraph effective until April 19, 2026. For text effective April 19, 2026, see below.] Except as specifically provided in section 24I of chapter 90, chapter 94G and chapter 387 of the acts of 2008, neither the Commonwealth nor any of its political subdivisions or their respective agencies, authorities or instrumentalities may impose any form of penalty, sanction or disqualification on an offender for possessing 2 ounces or less of marihuana. By way of illustration rather than limitation, possession of 2 ounces or less of marihuana shall not provide a basis to deny an offender student financial aid, public housing or any form of public financial assistance including unemployment benefits, to deny the right to operate a motor vehicle or to disqualify an offender from serving as a foster parent or adoptive parent. Information concerning the offense of possession of 2 ounces or less of marihuana shall not be deemed "criminal offender record information,'' "evaluative information,'' or "intelligence information'' as those terms are defined in Section 167 of Chapter 6 of the General Laws and shall not be recorded in the Criminal Offender Record Information system. [ Second paragraph as amended by 2026, 65, Sec. 7 effective April 19, 2026. For text effective until April 19, 2026, see above.] Except as specifically provided in section 24I of chapter 90, chapter 94G and chapter 387 of the acts of 2008, neither the Commonwealth nor any of its political subdivisions or their respective agencies, authorities or instrumentalities may impose any form of penalty, sanction or disqualification on an offender for possessing 3 ounces or less of marihuana. By way of illustration rather than limitation, possession of 3 ounces or less of marihuana shall not provide a basis to deny an offender student financial aid, public housing or any form of public financial assistance including unemployment benefits, to deny the right to operate a motor vehicle or to disqualify an offender from serving as a foster parent or adoptive parent. Information concerning the offense of possession of 3 ounces or less of marihuana shall not be deemed "criminal offender record information,'' "evaluative information,'' or "intelligence information'' as those terms are defined in Section 167 of Chapter 6 of the General Laws and shall not be recorded in the Criminal Offender Record Information system. [ Third paragraph effective until April 19, 2026. For text effective April 19, 2026, see below.] As used herein, "possession of 2 ounces or less of marihuana'' includes possession of 2 ounces or less of marihuana or tetrahydrocannabinol and having cannabinoids or cannibinoid metabolites in the urine, blood, saliva, sweat, hair, fingernails, toe nails or other tissue or fluid of the human body. Nothing contained herein shall be construed to repeal or modify existing laws, ordinances or bylaws, regulations, personnel practices or policies concerning the operation of motor vehicles or other actions taken while under the influence of marihuana or tetrahydrocannabinol, laws concerning the unlawful possession of prescription forms of marihuana or tetrahydrocannabinol such as Marinol, possession of more than 2 ounces of marihuana or tetrahydrocannabinol, or selling, manufacturing or trafficking in marihuana or tetrahydrocannabinol. Nothing contained herein shall prohibit a political subdivision of the Commonwealth from enacting ordinances or bylaws regulating or prohibiting the consumption of marihuana or tetrahydrocannabinol in public places and providing for additional penalties for the public use of marihuana or tetrahydrocannabinol. [ Third paragraph as amended by 2026, 65, Sec. 7 effective April 19, 2026. For text effective until April 19, 2026, see above.] As used herein, "possession of 3 ounces or less of marihuana'' includes possession of 3 ounces or less of marihuana or tetrahydrocannabinol and having cannabinoids or cannibinoid metabolites in the urine, blood, saliva, sweat, hair, fingernails, toe nails or other tissue or fluid of the human body. Nothing contained herein shall be construed to repeal or modify existing laws, ordinances or bylaws, regulations, personnel practices or policies concerning the operation of motor vehicles or other actions taken while under the influence of marihuana or tetrahydrocannabinol, laws concerning the unlawful possession of prescription forms of marihuana or tetrahydrocannabinol such as Marinol, possession of more than 3 ounces of marihuana or tetrahydrocannabinol, or selling, manufacturing or trafficking in marihuana or tetrahydrocannabinol. Nothing contained herein shall prohibit a political subdivision of the Commonwealth from enacting ordinances or bylaws regulating or prohibiting the consumption of marihuana or tetrahydrocannabinol in public places and providing for additional penalties for the public use of marihuana or tetrahydrocannabinol.

M.G.L. c. 94C, § 32M Possession of 2 ounces or less of marihuana; drug awareness program

c. 94C, § 32M. Possession of 2 ounces or less of marihuana; drug awareness program [ Text of section effective until April 19, 2026. For text effective April 19, 2026, see below.] 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. Chapter 94C: Section 32M. Possession of 3 ounces or less of marihuana; drug awareness program [ Text of section as amended by 2026, 65, Sec. 8 effective April 19, 2026. For text effective until April 19, 2026, see above.] 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 3 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.

M.G.L. c. 94C, § 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

c. 94C, § 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.

M.G.L. c. 94C, § 33 Unlawful use of registration numbers in manufacture or distribution, or fraudulently obtaining possession, of controlled substances; criminal penalties

c. 94C, § 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.

M.G.L. c. 94C, § 34 Unlawful possession of particular controlled substances, including heroin and marijuana; lawful possessing, storing, analyzing, processing and testing of medical marijuana and medical marijuana-infused products by laboratories exception

c. 94C, § 34. Unlawful possession of particular controlled substances, including heroin and marijuana; lawful possessing, storing, analyzing, processing and testing of medical marijuana and medical marijuana-infused products by laboratories exception [ First paragraph effective until April 19, 2026. For text effective April 19, 2026, see below.] 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 or as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years. Any person who violates this section by possession of more than one ounce of marihuana or a controlled substance in Class E of section thirty-one shall be punished by imprisonment in a house of correction for not more than six months or a fine of five hundred dollars, or both. Except for an offense involving a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both. [ First paragraph as amended by 2026, 65, Sec. 9 effective April 19, 2026. For text effective until April 19, 2026, see above.] 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 or as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years. Any person who violates this section by possession of more than 2 ounces of marihuana or a controlled substance in Class E of section thirty-one shall be punished by imprisonment in a house of correction for not more than six months or a fine of five hundred dollars, or both. Except for an offense involving a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both. If any person who is charged with a violation of this section has not previously been convicted of a violation of any provision of this chapter or other provision of prior law relative to narcotic drugs or harmful drugs as defined in said prior law, or of a felony under the laws of any state or of the United States relating to such drugs, has had his case continued without a finding to a certain date, or has been convicted and placed on probation, and if, during the period of said continuance or of said probation, such person does not violate any of the conditions of said continuance or said probation, then upon the expiration of such period the court may dismiss the proceedings against him, and may order sealed all official records relating to his arrest, indictment, conviction, probation, continuance or discharge pursuant to this section; provided, however, that departmental records which are not public records, maintained by police and other law enforcement agencies, shall not be sealed; and provided further, that such a record shall be maintained in a separate file by the department of probation solely for the purpose of use by the courts in determining whether or not in subsequent proceedings such person qualifies under this section. The record maintained by the department of probation shall contain only identifying information concerning the person and a statement that he has had his record sealed pursuant to the provisions of this section. Any conviction, the record of which has been sealed under this section, shall not be deemed a conviction for purposes of any disqualification or for any other purpose. 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 giving a false statement by reason of his failure to recite or acknowledge such arrest, indictment, conviction, dismissal, continuance, sealing, or any other related court proceeding, in response to any inquiry made of him for any purpose. Notwithstanding any other penalty provision of this section, any person who is convicted for the first time under this section for the possession of marihuana or a controlled substance in Class E and who has not previously been convicted of any offense pursuant to the provisions of this chapter, or any provision of prior law relating to narcotic drugs or harmful drugs as defined in said prior law shall be placed on probation unless such person does not consent thereto, or unless the court files a written memorandum stating the reasons for not so doing. Upon successful completion of said probation, the case shall be dismissed and records shall be sealed. It shall be a prima facie defense to a charge of possession of marihuana under this section that the defendant is a patient certified to participate in a therapeutic research program described in chapter ninety-four D, and possessed the marihuana for personal use pursuant to such program. Notwithstanding any general or special law to the contrary, a laboratory may possess, store, analyze, process and test medical marijuana and medical marijuana-infused products; provided, however, that such laboratory shall do so in accordance with the department's regulations and written guidelines governing procedures for quality control and testing of products for potential contaminants.

M.G.L. c. 94C, § 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

c. 94C, § 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.

M.G.L. c. 94C, § 34A1/2 Person acting in good faith and within the scope of such person's role providing or assisting the provision of harm reduction services

c. 94C, § 34A1/2. Person acting in good faith and within the scope of such person's role providing or assisting the provision of harm reduction services Section 34A1/2. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Drug testing services'', the use of testing equipment to identify or analyze the strength, effectiveness or purity of a controlled substance to determine whether the controlled substance contains chemicals, toxic substances or hazardous compounds prior to its injection, inhalation or ingestion by another person. ''Testing equipment'', including, but not limited to: fentanyl test strips, colorimetric reagents, high-performance liquid chromatography, gas chromatography and mass spectrometry. (b)(1) A person acting in good faith and within the scope of such person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services may provide or assist in the provision of drug testing services to an individual to ensure that a controlled substance in the possession of the individual and exclusively for that individual's personal use does not contain dangerous chemicals, toxic substances or hazardous compounds likely to cause an accidental overdose. (2) A person acting in good faith and within the scope of such person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services who provides or assists in the provision of drug testing services pursuant to this section shall not be charged or prosecuted pursuant to sections 32I, 34 or 40. (3) A person acting in good faith and within the scope of such person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services who provides or assists in the provision of drug testing services pursuant to this section shall not be subject to any criminal or civil liability or any professional disciplinary action as a result of any act or omission related to the provision of drug testing services; provided, however, that this paragraph shall not apply to acts or omissions of gross negligence or willful or wanton misconduct. (c) An individual acting in good faith who seeks drug testing services of a controlled substance in such individual's possession and intended exclusively for such individual's personal use from a person acting in good faith and within the scope of the person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services shall not be charged or prosecuted pursuant to sections 32I, 34 or 40 while on the premises where the drug testing services are conducted.

M.G.L. c. 94C, § 35 Repealed, 2018, 69, Sec. 60.

M.G.L. c. 94C, § 36 Protective custody of children found present where controlled substances are unlawfully kept or possessed

c. 94C, § 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.

M.G.L. c. 94C, § 37 Theft of controlled substances from persons authorized to dispense or possess

c. 94C, § 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.

M.G.L. c. 94C, § 38 Violation of Secs. 24(a), 25, 26 or 27

c. 94C, § 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.

M.G.L. c. 94C, § 39 Violation of Secs. 21 or 22

c. 94C, § 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.

M.G.L. c. 94C, § 40 Conspiracy

c. 94C, § 40. Conspiracy Section 40. Whoever conspires with another person to violate any provision of this chapter shall be punished by imprisonment or fine, or both, which punishment shall not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy.

M.G.L. c. 94C, § 41 Arrest without warrant

c. 94C, § 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.

M.G.L. c. 94C, § 42 Cooperation with federal and other state agencies

c. 94C, § 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.

M.G.L. c. 94C, § 43 Conformity with federal acts

c. 94C, § 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.

M.G.L. c. 94C, § 44 Violations of Sec. 34; acquittal, dismissal or indictment nol prossed; sealing of records

c. 94C, § 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.

M.G.L. c. 94C, § 45 Photographing and fingerprinting of persons charged with felony

c. 94C, § 45. Photographing and fingerprinting of persons charged with felony Section 45. Any person arrested for or charged with the criminal violation of any provision of this chapter which constitutes a felony may at the time of arrest or as soon thereafter as is practicable be photographed and fingerprinted according to the system of the state bureau of identification, and upon conviction any such fingerprints and photographs shall be made a part of permanent records of the police department of the municipality where the arrest took place, and without delay two copies of the fingerprints and photographs shall be forwarded, with such other description as may be required and a written history of the offense, to the state bureau of identification.

M.G.L. c. 94C, § 46 Repealed, 1978, 508, Sec. 1

M.G.L. c. 94C, § 47 Forfeiture of property

c. 94C, § 47. Forfeiture of property Section 47. (a) The following property shall be subject to forfeiture to the commonwealth and all property rights therein shall be in the commonwealth: (1) All controlled substances which have been manufactured, delivered, distributed, dispensed or acquired in violation of this chapter. (2) All materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, dispensing, distributing, importing, or exporting any controlled substance in violation of this chapter. (3) All conveyances, including aircraft, vehicles or vessels used, or intended for use, to transport, conceal, or otherwise facilitate the manufacture, dispensing, distribution of or possession with intent to manufacture, dispense or distribute, a controlled substance in violation of any provision of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J, or forty. (4) All books, records, and research, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this chapter. (5) All moneys, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this chapter, all proceeds traceable to such an exchange, including real estate and any other thing of value, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of any provision of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J, or forty. (6) All drug paraphernalia. (7) All real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part, to commit or to facilitate the commission of a violation of any provision of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J or forty. (8) All property which is used, or intended for use, as a container for property described in subparagraph (1) or (2). (9) No forfeiture under this section shall extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action. (b) Property subject to forfeiture under subparagraphs (1), (2), (4), (5), (6), (7) and (8) of subsection (a) shall, upon motion of the attorney general or district attorney, be declared forfeit by any court having jurisdiction over said property or having final jurisdiction over any related criminal proceeding brought under any provision of this chapter. Property subject to forfeiture under subparagraph (1) of subsection (a) shall be destroyed, regardless of the final disposition of such related criminal proceeding, if any, unless the court for good cause shown orders otherwise. (c) The court shall order forfeiture of all conveyances subject to the provisions of subparagraph (3) and of all real property subject to the provisions of subparagraph (7) of subsection (a) of this section, except as follows: (1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited unless it shall appear that the owner or other person in charge of such conveyance was a consenting party of privy to a violation of this chapter. (2) No conveyance shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of the commonwealth, or of any state. (3) No conveyance or real property shall be subject to forfeiture unless the owner thereof knew or should have known that such conveyance or real property was used in and for the business of unlawfully manufacturing, dispensing, or distributing controlled substances. Proof that the conveyance or real property was used to facilitate the unlawful dispensing, manufacturing, or distribution of, or possession with intent unlawfully to manufacture, dispense or distribute, controlled substances on three or more different dates shall be prima facie evidence that the conveyance or real property was used in and for the business of unlawfully manufacturing, dispensing, or distributing controlled substances. (4) No conveyance or real property used to facilitate the unlawful manufacturing, dispensing, or distribution of, or the possession with intent unlawfully to manufacture, dispense, or distribute marihuana or a substance, not itself a controlled substance, containing any marihuana shall be forfeited if the net weight of the substance so manufactured, dispensed, or distributed or possessed with intent to manufacture, dispense or distribute, is less than ten pounds in the aggregate. (d) A district attorney or the attorney general may petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property, moneys or other things of value subject to forfeiture under the provisions of subparagraphs (3), (5), and (7) of subsection (a). Such petition shall be filed in the court having jurisdiction over said conveyance, real property, monies or other things of value or having final jurisdiction over any related criminal proceeding brought under any provision of this chapter. In all such suits where the property is claimed by any person, other than the commonwealth, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to subparagraph (3), (5), or (7) of said subsection (a). The owner of said conveyance or real property, or other person claiming thereunder shall have the burden of proof as to all exceptions set forth in subsections (c) and (i). The court shall order the commonwealth to give notice by certified or registered mail to the owner of said conveyance, real property, moneys or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly, but not less than two weeks after notice, hold a hearing on the petition. Upon the motion of the owner of said conveyance, real property, moneys or other things of value, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter. At such hearing the court shall hear evidence and make conclusions of law, and shall thereupon issue a final order, from which the parties shall have a right of appeal. In all such suits where a final order results in a forfeiture, said final order shall provide for disposition of said conveyance, real property, moneys or any other thing of value by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other public agency, or sale at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising, and notice, and the balance thereof shall be distributed as further provided in this section. The final order of the court shall provide that said moneys and the proceeds of any such sale shall be distributed equally between the prosecuting district attorney or attorney general and the city, town or state police department involved in the seizure. If more than one department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall distribute the fifty percent equitably among these departments. There shall be established within the office of the state treasurer separate special law enforcement trust funds for each district attorney and for the attorney general. All such monies and proceeds received by any prosecuting district attorney or attorney general shall be deposited in such a trust fund and shall then be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the district attorney or attorney general deems appropriate. The district attorney or attorney general may expend up to ten percent of the monies and proceeds for drug rehabilitation, drug education and other anti-drug or neighborhood crime watch programs which further law enforcement purposes. Any program seeking to be an eligible recipient of said funds shall file an annual audit report with the local district attorney and attorney general. Such report shall include, but not be limited to, a listing of the assets, liabilities, itemized expenditures, and board of directors of such program. Within ninety days of the close of the fiscal year, each district attorney and the attorney general shall file an annual report with the house and senate committees on ways and means on the use of the monies in the trust fund for the purposes of drug rehabilitation, drug education, and other anti-drug or neighborhood crime watch programs. All such moneys and proceeds received by any police department shall be deposited in a special law enforcement trust fund and shall be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes as the chief of police of such city or town, or the colonel of state police deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department. (e) Any officer, department, or agency having custody of any property subject to forfeiture under this chapter or having disposed of said property shall keep and maintain full and complete records showing from whom it received said property, under what authority it held or received or disposed of said property, to whom it delivered said property, the date and manner of destruction or disposition of said property, and the exact kinds, quantities and forms of said property. Said records shall be open to inspection by all federal and state officers charged with enforcement of federal and state drug control laws. Persons making final disposition or destruction of said property under court order shall report, under oath, to the court the exact circumstances of said disposition or destruction. (f) (1) During the pendency of the proceedings the court may issue at the request of the commonwealth ex parte any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody, including but not limited to an order that the commonwealth remove the property if possible, and safeguard it in a secure location in a reasonable fashion; that monies be deposited in an interest-bearing escrow account; and, that a substitute custodian be appointed to manage such property or a business enterprise. Property taken or detained under this section shall not be repleviable, but once seized shall be deemed to be lawfully in the custody of the commonwealth pending forfeiture, subject only to the orders and decrees of the court having jurisdiction thereof. Process for seizure of said property shall issue only upon a showing of probable cause, and the application therefor and the issuance, execution, and return thereof shall be subject to the provisions of chapter two hundred and seventy-six, so far as applicable. (2) There shall be created within the division of capital asset management and maintenance an office of seized property management to which a district attorney or the attorney general may refer any real property, and any furnishings, equipment and related personal property located therein, for which seizure is sought. The office of seized property management shall be authorized to preserve and manage such property in a reasonable fashion and to dispose of such property upon a judgment ordering forfeiture issued pursuant to the provisions of subsection (d), and to enter into contracts to preserve, manage and dispose of such property. The office of seized property management may receive initial funding from the special law enforcement trust funds of the attorney general and each district attorney established pursuant to subsection (d) and shall subsequently be funded by a portion of the proceeds of each sale of such managed property to the extent provided as payment of reasonable expenses in subsection (d). (g) Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths may be seized by any police officer and summarily forfeited to the commonwealth. (h) The failure, upon demand by a police officer of the person in occupancy or in control of land or premises upon which the species of plants are growing to produce an appropriate registration, or proof that he is a holder thereof, constitutes authority for the seizure and forfeiture of the plants. (i) The owner of any real property which is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over such forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section one of chapter one hundred and eighty-eight. The value of the balance of said principal domicile, if any, shall be forfeited as provided in this section. Such homestead exemption may be acquired on only one principal domicile for the benefit of the immediate family of the owner. (j) A forfeiture proceeding affecting the title to real property or the use and occupation thereof or the buildings thereon shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the town where the affected real property lies, and a description of such real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district where the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of the fact of such judgment, discontinuance, dismissal or other final disposition, and such certificate shall be recorded in the registry in which the original memorandum recorded pursuant to this section was filed. (k)(1) The attorney general, each district attorney and each police department for which the state treasurer has established a special law enforcement trust fund pursuant to subsection (d) shall file an annual report with the treasurer regarding all assets, monies and proceeds from assets seized pursuant to this section and held by such fund. The report shall provide itemized accounting for all assets, monies and proceeds from assets within the following asset categories: cash, personal property, conveyances and real property, including any property disposed of by the office of seized property management. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record. (2) The attorney general, each district attorney and each police department for which the state treasurer has established a special law enforcement trust fund pursuant to subsection (d) shall file an annual report with the treasurer regarding all expenditures therefrom, which shall include, but not be limited to, the following expense categories: personnel, contractors, equipment, training, private-public partnerships, inter-agency collaborations and community grants. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record. (3) Annually, not later than March 15, the state treasurer shall file a report with the executive office of administration and finance and the house and senate committees on ways and means regarding the aggregate deposits, aggregate expenditures, and ending balances for each special law enforcement trust fund during the preceding calendar year. The reports shall be a public record.

M.G.L. c. 94C, § 47A Seized controlled substances and narcotic drugs; custodian; mailing for chemical analysis; destruction or disposal upon completion of trial

c. 94C, § 47A. Seized controlled substances and narcotic drugs; custodian; mailing for chemical analysis; destruction or disposal upon completion of trial Section 47A. The police commissioner, chief superintendent or other officer or board at the head of each police department in the commonwealth shall appoint a police officer to act as custodian of all controlled substances and narcotic drugs seized in the course of any arrest or investigation. Such custodian shall be designated as the ''evidence officer''. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, controlled substances or narcotic drugs seized in cases under the provisions of this chapter where the violation is a misdemeanor and requiring chemical analyses which are to be performed at a laboratory operated by the department of state police or the University of Massachusetts medical center may be mailed to or from the place of such analyses by using the registered mail service of the United States Postal Service, and testimony from a law enforcement officer that he mailed or received such substances or narcotic drugs by registered mail together with the return receipts accompanying such mailing shall be prima facie evidence that said substances or drugs are the substances or drugs so seized. At any time after the seizure of a controlled substance or narcotic drug, a district attorney or the attorney general may petition the superior court in the name of the commonwealth to order the destruction of said controlled substance or narcotic drug seized in the course of any arrest or investigation. The court shall order the commonwealth to give notice by certified or registered mail to the known defendant and his attorney and shall promptly, but not less than two weeks after notice, hold a hearing on the petition. At such hearing, the court shall hear evidence from the parties on the issue of destruction, the extent of the proposed destruction, the preservation of samples, the inspection, examination and testing of the controlled substance or narcotic drugs. The court, after such hearing, shall have the power to order the forfeiture and destruction of such controlled substance or narcotic drug as it so determines, under procedures and to the extent as so determined by the court, with the remainder to be kept under the provisions of this section and shall thereupon issue a final order in writing. Such final order shall provide for the analysis of representative and fair samples of such forfeited controlled substances or narcotic drugs by a chemist of the department of state police or by a chemist at the University of Massachusetts medical school who shall issue a signed certificate, on oath, of the results of such analysis. Such certificate shall be sworn to before a justice of the peace or a notary public and shall be prima facie evidence of the composition and quality of such controlled substances or narcotic drugs when introduced as evidence before a grand jury or any court proceeding in the commonwealth. Upon completion of such analysis, such order shall direct the evidence officer to deliver such controlled substances or narcotic drugs ordered destroyed to the department of state police for such destruction or disposition in any way not prohibited by law; provided, however, that the evidence officer shall make proper provisions for maintaining and securing such samples as may be directed by the court. The court having jurisdiction shall, upon completion of a trial or other disposition by the trial court and after the expiration of the period for an appeal from that trial or disposition, in writing, order such forfeited controlled substances or narcotic drugs not destroyed prior thereto to be caused to be delivered forthwith by the evidence officer to the department of state police for destruction or disposition in any way not prohibited by law. In the event of an appeal as prescribed by law, the evidence officer shall retain possession of such controlled substances or narcotic drugs until final disposition of the case, at which time, the district attorney or attorney general may petition the superior court for summary destruction of such controlled substances or narcotic drugs. The department of state police shall keep a record of the place where such controlled substances or narcotic drugs were seized, of the kinds and quantities of drugs received, by whose order the controlled substance or narcotic drugs were received, by whom the controlled substance or narcotic drugs were delivered and received, the date and manner of destruction or disposition of such controlled substances or narcotic drugs, and a report under oath of such destruction or disposition shall be made to the court, which record shall be open to inspection by attorneys of record in the case and by all federal and state officers charged with enforcement of federal and state narcotic laws. The department of state police shall keep a complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities and forms of such drugs; the persons from whom received and the dates of receipt, disposal or destruction, which record shall be open to inspection by all federal and state officers charged with enforcement of federal and state narcotic laws.

M.G.L. c. 94C, § 48 Severability

c. 94C, § 48. Severability Section 48. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.

M.G.L. c. 94C, § 49 Enforcement of Sec. 24A

c. 94C, § 49. Enforcement of Sec. 24A Section 49. The department of public health shall enforce section 24A in accordance with rules and regulations promulgated by the department.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94CFetched: 10/20/2026