Mass. Gen. Laws » Part I Title XV Chapter 94C
Massachusetts General Laws

Mass. Gen. Laws ch. 94C, § 32 (2026)

Class A controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc.; eligibility for parole

✓ current as of July 2026
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Section 32. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars, or by both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance as defined by section thirty-one of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than 31/2 nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 31/2 years and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum 31/2 year term of imprisonment, as established herein.

(c) Any person serving a mandatory minimum sentence for violating any provision of this section shall be eligible for parole after serving one-half of the maximum term of the sentence if the sentence is to the house of correction, except that such person shall not be eligible for parole upon a finding of any 1 of the following aggravating circumstances:

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, or induced another participant to do so, during the commission of the offense;

(ii) the defendant engaged in a course of conduct whereby he directed the activities of another who committed any felony in violation of chapter 94C; or

(iii) the offense was committed during the commission or attempted commission of a violation of section 32F or section 32K of chapter 94C.

A condition of such parole may be enhanced supervision; provided, however, that such enhanced supervision may, at the discretion of the parole board, include, but shall not be limited to, the wearing of a global positioning satellite tracking device or any comparable device, which shall be administered by the board at all times for the length of the parole.

Notes of Decisions
Cited in 212 cases (31 in the last 5 years), 1974–2026 · leading case: Commonwealth v. Gagnon, 443 N.E.2d 407 (Mass. 1982).
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Commonwealth v. Gagnon, 443 N.E.2d 407 (Mass. 1982). · cites it 19× “The assertion in the dissenting opinion that these defendants can be resentenced under G.L.c. 94C, § 32, as it existed before the comprehensive revision of the drug sentencing laws in 1980 (St.”
Commonwealth v. Miranda, 809 N.E.2d 487 (Mass. 2004). · cites it 4× “The first of the two indictments charging the defendant with violations of G. L. c. 94C, § 32, alleged that the defendant “did unlawfully distribute a controlled substance in Class A of G.”
Commonwealth v. Catalina, 556 N.E.2d 973 (Mass. 1990). · cites it 4× “), and for the unlawful distribution of a class A controlled substance, namely heroin, G. L. c. 94C, § 32 (a) (1988 ed.). The indictments stemmed from testimony before the grand jury of the defendant’s sale of heroin to Grace Randazza and her death after use of the heroin.”
Commonwealth v. Comins, 356 N.E.2d 241 (Mass. 1976). · cites it 6× “The defendant, a licensed osteopathic physician, appeals from seven convictions for dispensing controlled substances in violation of G. L. c. 94C, § 32. 1 He challenges (1) the denial of his motions to dismiss each indictment, (2) the denial of his motions for judgments of…”
Commonwealth v. Gagnon, 441 N.E.2d 753 (Mass. 1982). · cites it 4× “The single issue in this case is the constitutionality of G. L. c. 94C, § 32 (a). We hold that it is unconstitutional.”
Commonwealth v. Fernandes, 722 N.E.2d 406 (Mass. 1999). · cites it 5× “The second category of indictments contains the caption for the prior offense only in the second count of the indictment; states within the first count “(See COUNT B)”; and repeats the statutory language of G. L. c. 94C, § 32 A (d), in the body of count B.”
Bridgeman v. Dist. Attorney for the Suffolk Dist., 67 N.E.3d 673 (Mass. 2017). · cites it 2× “A prior drug conviction may also result in a lengthy minimum mandatory sentence for those subsequently convicted of additional drug offenses, G. L. c. 94C, §§ 32 (b), 32A (b), 32B (b), 32C (b), 32D (b), 34, or of the illegal possession of a firearm.”
Commonwealth v. Diaz, 417 N.E.2d 950 (Mass. 1981). · cites it 3× “*74 Upon indictments for unlawful distribution of a controlled substance (G. L. c. 94C, § 32, as before 1980 amendment), and for possession of a controlled substance with intent to distribute it (id.”
Commonwealth v. Hernandez, 863 N.E.2d 930 (Mass. 2007). · cites it 4× “The defendant, Francisco Hernandez, was con *712 victed of possession of heroin with intent to distribute within a school zone in violation of G. L. c. 94C, §§ 32 (b) and 32J, respectively.”
Commonwealth v. Borges, 482 N.E.2d 314 (Mass. 1985). · cites it 2× “G.L.c. 94C, § 32 (1984 ed.). A judge of the Superior Court denied the defendant's motion to suppress eight bags of heroin, and a single justice of this court granted the defendant's request for leave to take an interlocutory appeal.”
Commonwealth v. Burgos, 459 N.E.2d 469 (Mass. 1984). · cites it 14× “After a jury-waived trial, the defendant, Alvaraz Emilio Burgos, was convicted of distribution of heroin, a second offense, G. L. c. 94C, § 32 (b), as appearing in St.”
Commonwealth v. Gonzalez, 892 N.E.2d 255 (Mass. 2008). · cites it 2× “Gomez — were convicted of possessing heroin with intent to distribute, in violation of G. L. c. 94C, § 32 (a), and violating the controlled substance law within one hundred feet of a park or playground, in violation of G.”
Show all 212 citing cases →
— Mass. Gen. Laws ch. 94C, § 32(6) — 4 cases
Commonwealth v. Gonzalez, 493 N.E.2d 516 (Mass. App. Ct. 1986).
Commonwealth v. Gonzalez, 712 N.E.2d 108 (Mass. App. Ct. 1999).
Rodriguez v. Superintendent, 510 N.E.2d 286 (Mass. App. Ct. 1987).
Commonwealth v. Torres, 886 N.E.2d 732 (Mass. App. Ct. 2008).
— Mass. Gen. Laws ch. 94C, § 32(6)(1) — 1 case
Commonwealth v. Arias, 563 N.E.2d 1379 (Mass. App. Ct. 1990).
— Mass. Gen. Laws ch. 94C, § 32(A) — 1 case
Groccia v. Reno, 234 F.3d 758 (1st Cir. 2000).
— Mass. Gen. Laws ch. 94C, § 32(A)(1) — 1 case
Commonwealth v. Senbatu, 644 N.E.2d 256 (Mass. App. Ct. 1995).
— Mass. Gen. Laws ch. 94C, § 32(A)(c) — 1 case
Commonwealth v. Gollman, 748 N.E.2d 1039 (Mass. App. Ct. 2001).
— Mass. Gen. Laws ch. 94C, § 32(a) — 21 cases
Commonwealth v. Morales, 925 N.E.2d 551 (Mass. App. Ct. 2010).
Commonwealth v. Freeman, 87 Mass. App. Ct. 448 (Mass. App. Ct. 2015).
Commonwealth v. Perez, 90 Mass. App. Ct. 548 (Mass. App. Ct. 2016).
Commonwealth v. Petrone, 455 N.E.2d 1227 (Mass. App. Ct. 1983).
Commonwealth v. Martinez, 857 N.E.2d 1096 (Mass. App. Ct. 2006).
— Mass. Gen. Laws ch. 94C, § 32(b) — 9 cases
Commonwealth v. Gonzalez, 493 N.E.2d 516 (Mass. App. Ct. 1986).
Commonwealth v. Morales, 884 N.E.2d 546 (Mass. App. Ct. 2008).
Commonwealth v. Marcus, 454 N.E.2d 1277 (Mass. App. Ct. 1983).
Commonwealth v. DiCicco, 2 Mass. L. Rptr. 174 (Mass. Super. Ct. 1994).
Mangual v. City of Worcester, 285 F. Supp. 3d 465 (2018).
— Mass. Gen. Laws ch. 94C, § 32(h) — 2 cases
Commonwealth v. Delgado, 747 N.E.2d 1265 (Mass. App. Ct. 2001).
Commonwealth v. Santiago, 874 N.E.2d 693 (Mass. App. Ct. 2007).
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