Bill
S 1233
Mass. S.1233: Creates weight-based trafficking penalties for heroin, fentanyl, and carfentanil with mandatory minimums and possible life terms, targeting large-scale traffickers.
Note on source material
There is conflicting metadata in the materials you provided: the top-level title and some legislative metadata refer to a landlord/utility-services bill, but the full bill text included is a Massachusetts Senate bill (Senate No. 1233 / SD 2312) presented by State Senator Patrick M. O’Connor that would revise criminal penalties for trafficking heroin, fentanyl and carfentanil. This summary treats the actual bill text (the drug-trafficking penalties measure) as the authoritative source.
Status & Process
- Introduced/Filed: Presented by Sen. Patrick M. O’Connor (docket filed 1/17/2025; introduced in Senate 4/01/2025).
- Current status: Referred to the Senate Committee on the Judiciary; hearings scheduled for May 6, 2025 (per the legislative actions listed).
- Related / prior-session measures: Similar matter filed previously (Senate No. 1087 of 2023–24) and related companion/previous bills listed.
Purpose and intent
- To revise Section 32E of Chapter 94C (Massachusetts controlled substances law) by replacing existing subsections with new, weight-tiered sentencing provisions that set “proportionate” mandatory minimums and maximums for trafficking specific opioids: heroin (and related opiates), fentanyl (and derivatives), and carfentanil.
Key provisions and changes
- The bill replaces current subsections (c), (c½), and (c¾) of section 32E with new weight-based tiers and penalties.
- Who is covered: any person who knowingly or intentionally manufactures, distributes, dispenses, possesses with intent to manufacture/distribute/dispense, or brings into the Commonwealth the listed substances.
- Heroin / morphine / opium (net weight or mixture containing target substances):
- 18 g to <36 g: state prison 5–35 years (mandatory minimum 5 years); fine $5,000–$50,000.
- 36 g to <100 g: state prison 10–40 years (mandatory minimum 10 years); fine $5,000–$50,000.
- 100 g to <200 g: state prison minimum 25 years up to any term of years; fine $10,000–$100,000.
- 200 g or more: life imprisonment (mandatory life sentence); fine up to $500,000.
- Fentanyl (net weight in pure form):
- 4 g to <9 g: state prison 5–35 years (min 5); fine $5,000–$50,000.
- 9 g to <20 g: state prison 10–40 years (min 10); fine $5,000–$50,000.
- 20 g to <40 g: state prison minimum 25 years up to any term of years; fine $10,000–$100,000.
- 40 g or more: life imprisonment (mandatory life sentence); fine up to $500,000.
- Carfentanil (net weight in pure form):
- 1/3 g (≈0.333 g) to <2 g: state prison 5–35 years (min 5); fine $5,000–$50,000.
- 2 g to <4 g: state prison 10–40 years (min 10); fine $5,000–$50,000.
- 4 g to <8 g: state prison minimum 25 years up to any term of years; fine $10,000–$100,000.
- The bill text provided is truncated after the third carfentanil tier; earlier patterns indicate a fourth tier (likely 8 g or more) imposing life imprisonment and larger fines, but the full language for that clause is not present in the supplied excerpt.
Potential impacts
- Criminal justice: Establishes clear, substance-specific weight thresholds and mandatory minimum sentences that can substantially increase penalties (including mandatory life sentences at high weights). Could raise incarceration lengths and affect sentencing practices.
- Prosecution and defense: Creates objective weight thresholds that may simplify charge- and plea-bargaining calculations but could also reduce prosecutorial discretion because of mandatory minimums.
- Public policy considerations: Supporters may argue the measure targets large-scale traffickers and responds to high lethality of fentanyl/carfentanil; critics and some public-health advocates may raise concerns about mandatory minimums, impacts on low-level offenders, racial disparities, and the effect on overdose prevention/treatment strategies.
- Fiscal: Potentially increased state prison population and incarceration costs; specified fine ranges include amounts up to $500,000 for the highest tiers.
What to watch next
- Judiciary Committee hearings and any amendments (especially to the truncated carfentanil clause).
- Legislative debate over mandatory minimums, thresholds (weights), and distinctions among substances.
- Conference or companion action in other chambers (HR 2627 noted as a companion).
Compiled from official sources — confirm details with the bill’s official record.
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