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HD 3765

An Act restoring judicial discretion in controlled substance cases

194th Legislature (2025-2026) Introduced by Sam Montaño and 1 co-sponsor

Massachusetts bill removes mandatory minimum sentences for controlled substance offenses, allowing judges individualized sentencing discretion instead of fixed penalties.

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Bill Summary · HD 3765

Legislative bill overview

HD 3765 would restore judicial discretion in sentencing for controlled substance offenses in Massachusetts by removing or reducing mandatory minimum sentences currently in statute. The bill aims to allow judges to consider individual circumstances when determining appropriate sentences rather than being bound by fixed minimums. This represents a shift away from the mandatory sentencing framework that has governed drug offenses in the state.

Why is this important

Mandatory minimums remove judicial flexibility and can result in disproportionate sentences for first-time offenders or cases with mitigating circumstances. The change affects thousands of people convicted under current law and shapes future criminal justice outcomes. This aligns with a broader national movement examining whether mandatory minimums achieve their intended public safety goals or instead contribute to mass incarceration without proportional deterrent effects.

Potential points of contention

  • Public safety concerns: Opponents argue mandatory minimums deter drug trafficking and protect communities, and that judicial discretion could result in inconsistently lenient sentences
  • Sentencing disparity: Supporters contend that removing mandatory minimums actually reduces racial and socioeconomic disparities in sentencing, while critics worry discretion enables bias
  • Retroactivity scope: Disputes may arise over whether the bill applies only to future cases or allows sentence reduction for those already convicted under current minimums

Compiled from official sources — confirm details with the bill’s official record.

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