Bill > H2225

This bill introduces significant changes to drug possession laws and criminal justice practices in Massachusetts, focusing on harm reduction and racial justice. The legislation modifies Chapter 94C of the General Laws to fundamentally alter how controlled substance possession is handled. Under the new provisions, individuals found possessing controlled substances would receive a written list of resources instead of a citation, effectively decriminalizing personal drug possession. The bill prohibits criminal proceedings from being based solely on evidence of drug use or possession, with an exception for investigating drug-impaired driving. Furthermore, the bill allows for automatic vacating, dismissing, and expunging of prior controlled substance convictions if the conduct would not be considered a crime under the new law. This means individuals previously convicted of drug offenses that are no longer criminalized can have their records cleared, and those currently serving sentences may be eligible for resentencing. The legislation also requires law enforcement agencies and criminal justice services to destroy or seal related records, representing a significant shift towards addressing racial disparities in drug-related criminal enforcement and providing a pathway for individuals to move beyond past drug convictions.

Health and Social Services

https://malegislature.gov/Bills/194/H2225