Massachusetts General Laws

Mass. Gen. Laws ch. 94C, § 32C (2026)

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

✓ current as of July 2026

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Section 32C. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a controlled substance in Class D of section thirty-one shall be imprisoned in a jail or house of correction for not more than two years or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.

[Subsection (b) applicable as provided by 2018, 69, Sec. 238.]

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing, cultivating or possessing with intent to manufacture, distribute, dispense or cultivate a controlled substance as defined by section thirty-one 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 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 both such fine and imprisonment.

Notes of Decisions

Cited in 117 cases (10 in the last 5 years), 1982–2026 · leading case: Commonwealth v. Keefner, 961 N.E.2d 1083 (Mass. 2012).

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Commonwealth v. Keefner, 961 N.E.2d 1083 (Mass. 2012). · cites it 11× “387, § 2, which decriminalized possession of one ounce or less of marijuana, a defendant may be criminally charged with possession with intent to distribute marijuana, in violation of G. L. c. 94C, § 32C (a), where the amount of marijuana possessed is one ounce or less.”

Commonwealth v. Clarke, 949 N.E.2d 892 (Mass. 2011). · cites it 3× “94C, § 32A; possession of a class D substance with intent to distribute, G. L. c. 94C, § 32C; and underage possession of liquor, G.”

Commonwealth v. Cruz, 945 N.E.2d 899 (Mass. 2011). · cites it 2× “See G. L. c. 94C, § 32C. In other circumstances, when the suspect party is the individual in the driver's seat, the odor of burnt marijuana also permits a reasonable suspicion that the individual is operating a motor vehicle while under the influence of marijuana in violation of…”

Commonwealth v. Palmer, 985 N.E.2d 832 (Mass. 2013). · cites it 5× “94C, § 32L (§ 32L), which decriminalizes possession of one ounce or less of marijuana, has on the provisions of G. L. c. 94C, § 32C (a) (§ 32C [a]). See Commonwealth v.”

Commonwealth v. Canning, 28 N.E.3d 1156 (Mass. 2015). · cites it 4× “Canning, with possession with the intent to distribute marijuana, G. L. c. 94C, § 32C (a); distribution of marijuana, G.”

Berhe v. Gonzales, 464 F.3d 74 (1st Cir. 2006). · cites it 2× “In 2001, he pleaded guilty in Massachusetts state court to possession of marijuana with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32C(a), a misdemeanor under Massachusetts law.”

Commonwealth v. Bongarzone, 455 N.E.2d 1183 (Mass. 1983). · cites it 2× “Arguably, we need not consider the sufficiency of the evidence concerning the other indictment because the maximum term provided by G. L. c. 94C, § 32C (a), as appearing in St.”

Commonwealth v. Amendola, 550 N.E.2d 121 (Mass. 1990). · cites it 2× “94 C, § 34) and possession with intent to distribute marihuana (G.L.c. 94C, § 32C). *593 The defendant's motion to suppress items found in two automobiles was denied.”

Commonwealth v. Jackson, 985 N.E.2d 853 (Mass. 2013). · cites it 3× “The defendant was arrested and charged with possession of a class D substance (marijuana) with intent to distribute, G. L. c. 94C, § 32C (a), and a corresponding drug violation in or near a school or park, G.”

Commonwealth v. Richardson, 94 N.E.3d 819 (Mass. 2018). · cites it 2× “See G. L. c. 94C, § 32C ; Instruction 7.800 of the Criminal Model Jury Instructions for Use in the District Court (2009).”

Commonwealth v. Williams, 725 N.E.2d 217 (Mass. 2000). · cites it 3× “A judge in the Superior Court dismissed an indictment charging the defendant, as a second or subsequent offender, with unlawful possession of marijuana with intent to distribute, G. L. c. 94C, § 32C (b). The judge ordered dismissal on the ground of collateral estoppel because a…”

Commonwealth v. Ilya I., a Juv., 470 Mass. 625 (Mass. 2015). · cites it 2× “After a street encounter in the Dorchester section of Boston, a police officer arrested the juvenile and charged him with possession of a class D substance with the intent to distribute in violation of G. L. c. 94C, § 32C (a). A 2 clerk-magistrate issued a delinquency complaint…”

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— Mass. Gen. Laws ch. 94C, § 32C(a) — 17 cases

Berhe v. Gonzales, 464 F.3d 74 (1st Cir. 2006). “In 2001, he pleaded guilty in Massachusetts state court to possession of marijuana with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32C(a), a misdemeanor under Massachusetts law.”

Commonwealth v. Farnsworth, 920 N.E.2d 45 (Mass. App. Ct. 2010).

Commonwealth v. Lawrence, 870 N.E.2d 636 (Mass. App. Ct. 2007).

Commonwealth v. Fisher, 763 N.E.2d 1106 (Mass. App. Ct. 2002).

Commonwealth v. Mendes, 940 N.E.2d 467 (Mass. App. Ct. 2010).

— Mass. Gen. Laws ch. 94C, § 32C(o) — 1 case

Commonwealth v. De La Cruz, 443 N.E.2d 427 (Mass. App. Ct. 1982).

— Mass. Gen. Laws ch. 94C, § 32C(íz) — 1 case

Commonwealth v. Dejarnette, 911 N.E.2d 1280 (Mass. App. Ct. 2009).

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