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HOUSE DOCKET, NO. 2783 FILED ON: 1/21/2011 HOUSE . . . . . . . . . . . . . . . No. 2256
The Commonwealth of Massachusetts _________________ PRESENTED BY: Alice Hanlon Peisch _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying: An Act relating to controlled substances and medical treatment. _______________ PETITION OF:
HOUSE DOCKET, NO. 2783 FILED ON: 1/21/2011 HOUSE . . . . . . . . . . . . . . . No. 2256
[SIMILAR MATTER FILED IN PREVIOUS SESSION
An Act relating to controlled substances and medical treatment. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Chapter 94C of the General Laws, as appearing the 2008 Official Edition, is hereby amended by inserting the following section: 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 pursuant to the provisions of section 34 if the evidence for the charge of possession of a controlled substance 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 shall not be charged or prosecuted for possession of a controlled substance pursuant to section 34 if the evidence for the charge of possession of a controlled substance 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 pursuant to the Controlled Substance Act. (d) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for being in possession of a controlled substance pursuant to the provisions of section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the seeking of medical assistance. (e) A person who experiences a drug related overdose and is in need of medical assistance shall not be charged or prosecuted for being in possession of a controlled substance pursuant to section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the overdose and the need for medical assistance. (f) Nothing contained herein shall prevent anyone from being charged with trafficking, distribution, and/or possession of a controlled substance with intent to distribute. |