COMMONWEALTH OF MASSACHUSETTS DRUG LAWS
For the purpose of establishing criminal penalties for a violation of a provision of Massachusetts General Laws, chapter 94C, the Commonwealth has established the following classes of controlled substances: (M.G.L.A. chapter 94C 31).
SUMMARY OF CONTROLLED SUBSTANCES
| CLASS |
DESCRIPTION |
PENALTIES |
| A |
Opium derivative |
10 years and/or fine |
| B |
Opium and Amphetamine, etc. |
10 years and/or fine |
| C |
Depressants |
5 years and/or fine |
| D |
Barbiturates, Marijuana |
2 years imprisonment and/or fine |
| E |
Codeine, etc. |
up to 9 months and/or fine |
Any person who traffics in marijuana, cocaine, heroin, morphine, or other controlled substances shall be subject to severe penalties which include, for example, fines from $500 to $500,000 and imprisonment terms from 21/2 to 20 years. (M.G.L.A. chapter 94C section 32E). Penalties for unlawful manufacture, distribution, dispensing or possession with intent to manufacture, distribute, or dispense a controlled substance in Classes A to D minors (under 18 years of age) chapter 94C section 32F) are summarized as follows:
SUMMARY OF CLASSES A-D CONTROLLED SUBSTANCE CRIMINAL PENALTY
| CLASS |
CRIMINAL PENALTIES |
| A |
Not less than 5 years nor more than 15 years |
| B |
Not less than 5 years nor more than 15 years |
| C |
Not less than 5 years nor more than 15 years |
| D |
Not less than 5 years nor more than 15 years |
Penalties for unlawful possession of controlled substances, M.G.L.A. chapter 94C section 34, areas follows:
Violation of section 34 is punishable by imprisonment for no more than one year or by a fine of not more than $1,000, or by both such fine and imprisonment.
Violation of this section by possessing heroin is punishable for the first offense by imprisonment a house of correction to not more than two years or by a fine of not more than $2,000, or both.
Violation of this section by possession of marijuana or a controlled substance in Class E of section 31 shall be punished in a house of correction for not more than six months or a fine or both.
Chapter 94C section 35 states that any person who is knowingly present at a place where heroin is kept or deposited in violation of the provisions of chapter 94C, or any person who is in the company of a person, knowing that said person is in possession of heroin in violation of chapter 94C, shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000, or both.
ILLICIT DRUGS / HEALTH RISKS
Taber's Cyclopedic Medical Dictionary definition of drug abuse is: the use or overuse, usually by self-administration of any drug in a manner that deviates from the prescribed pattern. Any psychoactive drug is potentially harmful. The effects depend on the agent, the user, the environment in which the drug is used, and the intensity, frequency and duration of use. All mood affecting substances (including alcohol) are a potential or real threat to the health of an individual. Drug abuse and misuse can cause tragic effects on both mind and body.
NARCOTICS
These drugs have a high potential for physical and psychological dependency. The usual methods of administration are: oral, smoked, sniffed and injected. Possible effects from these drugs are euphoria, drowsiness, respiratory depression, constricted pupils and nausea. Slow and shallow breathing, clammy skin, convulsions, coma, and possible death are effects of overdose. Withdrawal syndrome includes watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills and sweating. The use of un-sterilized syringes may result in transmission of diseases such as AIDS, endocarditis, and hepatitis. Addiction in pregnant women can lead to premature, stillborn, or addicted infants.
DEPRESSANTS
These drugs have a moderate to high potential for physical and psychological dependency. The usual methods of administration are oral. Possible effects from these drugs are slurred speech, disorientation, and drunken behavior without odor of alcohol. Shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, and possible death are effects of overdose. Withdrawal syndrome includes anxiety, insomnia, tremors, delirium, convulsions, and possible death. Babies born to mothers who abuse depressants during pregnancy may be physically dependent on the drugs and show withdrawal symptoms shortly after birth. These children may also have birth defects and behavioral problems.
STIMULANTS
There is a possible physical dependence and a high psychological dependence to these drugs. The usual methods of administration are oral, injected and for Cocaine, sniffing and smoking. Possible effects of these drugs are increased alertness, excitation, euphoria, increased pulse rate and blood pressure, insomnia, and loss of appetite. Overdose effects are agitation, increase in body temperature, hallucinations, convulsions, and possible death. Withdrawal syndrome includes apathy, long periods of sleep, irritability, depression and disorientation.
CANNABIS (i.e., Marijuana)
The physical dependence to these drugs is unknown. There is a moderate psychological dependence. The usual methods of administration are oral or smoked. Possible effects are: euphoria, relaxed inhibitions, increased appetite, and disorientation behavior. Fatigue, paranoia, and possible psychosis, are effects of overdose. Withdrawal syndrome includes insomnia, hyperactivity, and occasional decreased appetite.
HALLUCINOGENS
There is no physical dependence on LSD, Psilocybin, Mescaline, and Peyote. The psychological dependence of LSD, Psilocybin, Mescaline, and Peyote are unknown. The physical dependence of Phencyclidine is unknown, but the psychological dependence is high. The usual methods of administration are oral, injected and smoked. Possible side effects are illusions and hallucinations, poor perception of time and distance. Longer, more intense "trips" and flash back episodes, psychosis, and possible death are overdose effects. There has been no reported withdrawal syndrome.
FEDERAL DRUG LAWS
The Controlled Substances Act, Title 11 of the Comprehensive Drug Abuse Prevention and Control Act of 1970, (as amended) is the legal foundation of the United States Government effort against the abuse of drugs.
This law is a consolidation of various laws regulating the manufacture and distribution of narcotics, stimulants, depressants, and hallucinogens. This law provides criminal penalties for the unlawful manufacturing, distribution, and dispensing of controlled substances. The schedule of classification of the drug or substance basically determines the penalties.
Deviations from Established Procedures:
Reasonable deviations from these procedures will not invalidate a decision or proceedings unless significant prejudice to a student may result.
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