Bill > H1701

This bill proposes to add a new section to Chapter 265 of Massachusetts General Laws that establishes strict liability for drug distributors when their controlled substances cause a death. Specifically, the bill targets manufacturers, distributors, or dispensers of specific drugs including heroin, fentanyl, methamphetamine, LSD, PCP, and other Class A, B, or C controlled substances. If a person dies after injecting, inhaling, or ingesting these substances, the distributor can be held criminally responsible, even if the deceased person voluntarily took the drugs. The penalty for such a violation would be life imprisonment or a term of years, with a mandatory minimum of 5 years, and a fine up to $25,000. Importantly, the bill prevents reduced sentences, probation, parole, or good conduct deductions until at least 5 years of the sentence have been served. To prove liability, prosecutors must demonstrate that the substance's distribution was a critical cause of death and that the death would not have occurred without the drug's distribution. The bill explicitly states that the victim's consent or role in their own death is not a valid legal defense, and it does not prevent additional homicide charges from being pursued.

Justice

https://malegislature.gov/Bills/194/H1701