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

Mass. Gen. Laws ch. 94C, § 32A (2026)

Class B controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc

✓ current as of July 2026
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[Text of section applicable as provided by 2018, 69, Sec. 238.]

Section 32A. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance in Class B of section 31 shall be punished by imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $1,000 nor more than $10,000, or both such fine and imprisonment.

(b) Any person convicted of violating this section after 1 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 31 under this or any other 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 more than 10 years, by a term of imprisonment in the state prison for not more than 10 years and by a fine of not less than $2,500 and not more than $25,000, or by a fine of not more than $25,000.

(c) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense phencyclidine or a controlled substance defined in clause (4) of paragraph (a) or in clause (2) of paragraph (c) of Class B of section 31 shall be punished by a term of imprisonment in the state prison for not more than 10 years, a term of imprisonment in the state prison for not more than 10 years and a fine of not less than $1,000 and not more than $10,000, by imprisonment in a jail or house of correction for not more than 21/2 years, by imprisonment in a jail or house of correction for not more than 21/2 years and a fine of not less than $1,000 and not more than $10,000, or by a fine of not more than $10,000.

(d) Any person convicted of violating the provisions of subsection (c) after 1 or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance, as defined in section 31 or of any offense of any other jurisdiction, either 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 more than 15 years, a term of imprisonment in the state prison for not more than 15 years and a fine of not less than $2,500 nor more than $25,000 or a fine of not more than $25,000.

Notes of Decisions
Cited in 366 cases (42 in the last 5 years), 1982–2026 · leading case: Commonwealth v. Vasquez, 923 N.E.2d 524 (Mass. 2010).
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Commonwealth v. Vasquez, 923 N.E.2d 524 (Mass. 2010). · cites it 6× “See G. L. c. 94C, §§ 32A, 34. Immediately following trial, he pleaded guilty to subsequent offender charges related to the two distribution convictions.”
United States v. Hudson, 823 F.3d 11 (1st Cir. 2016). · cites it 3× “See Mass. Gen. Laws ch. 94C, § 32A(a). That statute, like many other felony statutes in Massachusetts, provides for concurrent jurisdiction in the district and superior courts.”
United States v. Barbosa, 896 F.3d 60 (1st Cir. 2018). · cites it 3× “The defendant argues that his 2000 drug conviction for possession of a controlled substance with intent to distribute under Mass. Gen. Laws ch. 94C, § 32A(a) is not a conviction for a "serious drug offense" within the purview of the ACCA.”
Commonwealth v. Resende, 52 N.E.3d 1016 (Mass. 2016). · cites it 4× “On August 22, 2006, when the defendant was nineteen years old, he was arrested and charged with five counts of distribution of cocaine and one count of possession of cocaine with intent to distribute, G. L. c. 94C, § 32A (a). The five distribution counts arose from hand-to-hand…”
Commonwealth v. Resende, 54 N.E.3d 521 (Mass. 2016). · cites it 4× “On January 23, 2007, the defendant, Admilson Resende, pleaded guilty on indictments charging distribution of a class B controlled substance (cocaine), G. L. c. 94C, § 32A (c) (five counts); violation of the controlled substances laws in proximity to a school or park, G.”
Bynum v. Commonwealth, 711 N.E.2d 138 (Mass. 1999). · cites it 7× “We consider whether a defendant tried, convicted, and sentenced for a drug offense described in G. L. c. 94C, § 32A (c), may properly be subjected at a later date to an enhanced penalty pursuant to G.”
Commonwealth v. Fernandes, 722 N.E.2d 406 (Mass. 1999). · cites it 6× “We granted the defendants’ applications for further appellate review to consider the validity of indictments charging them as repeat offenders under G. L. c. 94C, § 32A (d). 2 In Commonwealth v.”
Commonwealth v. Evans, 764 N.E.2d 841 (Mass. 2002). · cites it 3× “Furthermore, there was sufficient evidence to find the defendant guilty of possession of cocaine with intent to distribute, in violation of G. L. c. 94C, § 32A. Accordingly, we affirm the conviction.”
Bridgeman v. Dist. Attorney for the Suffolk Dist., 30 N.E.3d 806 (Mass. 2015). · cites it 5× “On June 2, 2005, a Suffolk County grand jury indicted Bridge-man on charges of possession of a class B controlled substance (cocaine) with intent to distribute, as a second or subsequent offense, G. L. c. 94C, § 32A (b) (count one); distribution of a class B controlled substance…”
United States v. Moore, 286 F.3d 47 (1st Cir. 2002). · cites it 3× “In Massachusetts, the superior and district courts have concurrent jurisdiction over violations of Mass. Gen. Laws ch. 94C, § 32A. See Mass.”
Commonwealth v. Clarke, 949 N.E.2d 892 (Mass. 2011). · cites it 2× “” On February 2, 2005, the defendant pleaded guilty to possession of a class B substance with intent to distribute, G. L. c. 94C, § 32A; possession of a class D substance with intent to distribute, G.”
Commonwealth v. Cruz, 945 N.E.2d 899 (Mass. 2011). · cites it 2× “The defendant, Benjamin Cruz, was charged with one count of possession of a class B controlled substance with the intent to distribute, G. L. c. 94C, § 32A ( a ); possession of a class B controlled substance, G.”
Show all 366 citing cases →
— Mass. Gen. Laws ch. 94C, § 32A(a) — 54 cases
United States v. Hudson, 823 F.3d 11 (1st Cir. 2016). “See Mass. Gen. Laws ch. 94C, § 32A(a). That statute, like many other felony statutes in Massachusetts, provides for concurrent jurisdiction in the district and superior courts.”
United States v. Barbosa, 896 F.3d 60 (1st Cir. 2018). “The defendant argues that his 2000 drug conviction for possession of a controlled substance with intent to distribute under Mass. Gen. Laws ch. 94C, § 32A(a) is not a conviction for a "serious drug offense" within the purview of the ACCA.”
United States v. Moore, 286 F.3d 47 (1st Cir. 2002). “In Massachusetts, the superior and district courts have concurrent jurisdiction over violations of Mass. Gen. Laws ch. 94C, § 32A. See Mass.”
De Carvalho v. Garland, 18 F.4th 66 (1st Cir. 2021).
Commonwealth v. LaPerle, 475 N.E.2d 81 (Mass. App. Ct. 1985).
— Mass. Gen. Laws ch. 94C, § 32A(b) — 4 cases
Commonwealth v. King, 858 N.E.2d 308 (Mass. App. Ct. 2006).
United States v. Gunn, 962 F. Supp. 214 (D. Mass. 1997).
Commonwealth v. Larkin, 31 Mass. L. Rptr. 498 (Mass. Super. Ct. 2013).
Commonwealth v. Saunders, 2 Mass. L. Rptr. 397 (Mass. Super. Ct. 1994).
— Mass. Gen. Laws ch. 94C, § 32A(c) — 49 cases
Connolly v. Roden, 752 F.3d 505 (1st Cir. 2014).
Commonwealth v. Williams, 89 Mass. App. Ct. 383 (Mass. App. Ct. 2016).
Commonwealth v. Harris, 916 N.E.2d 396 (Mass. App. Ct. 2009).
Commonwealth v. Connolly, 913 N.E.2d 356 (Mass. 2009).
Commonwealth v. Montalvo, 922 N.E.2d 155 (Mass. App. Ct. 2010).
— Mass. Gen. Laws ch. 94C, § 32A(d) — 6 cases
Commonwealth v. Pixley, 933 N.E.2d 645 (Mass. App. Ct. 2010).
Commonwealth v. Sullivan, 927 N.E.2d 519 (Mass. App. Ct. 2010).
Commonwealth v. Hernandez, 802 N.E.2d 1059 (Mass. App. Ct. 2004).
Commonwealth v. Savageau, 678 N.E.2d 1193 (Mass. App. Ct. 1997).
Commonwealth v. Doty, 88 Mass. App. Ct. 195 (Mass. App. Ct. 2015).
— Mass. Gen. Laws ch. 94C, § 32A(n) — 1 case
Commonwealth v. Negron, 5 N.E.3d 561 (Mass. App. Ct. 2014).
— Mass. Gen. Laws ch. 94C, § 32A(o) — 1 case
Commonwealth v. Dupree, 453 N.E.2d 1071 (Mass. App. Ct. 1983).
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