Massachusetts General Laws

Mass. Gen. Laws ch. 94C, § 32D (2026)

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

✓ current as of July 2026

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

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 1990–2025 · leading case: United States v. Roberson, 459 F.3d 39 (1st Cir. 2006).

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United States v. Roberson, 459 F.3d 39 (1st Cir. 2006). “Sentence At sentencing, the district court heard argument concerning whether the mandatory minimum sentence on the drug charge should be doubled from ten years to 20 years in light of Roberson’s 1996 Massachusetts conviction for distribution of marijuana in violation of Mass.…”

Commonwealth v. Garvey, 76 N.E.3d 987 (Mass. 2017). “94C, *61 § 32D (a), as a subsequent offender, G. L. c. 94C, § 32D (b). Each charge also carried habitual criminal and school zone enhancements.”

Commonwealth v. Kaeppeler, 42 N.E.3d 1090 (Mass. 2015). · cites it 2× “ounds to believe that the defendant may have been injured or in need of immediate medical assistance but that the seizure of the evidence was unreasonable for two reasons: (1) the seizure occurred after the defendant departed for the hospital in an ambulance and while the police…”

Commonwealth v. Greco, 921 N.E.2d 1001 (Mass. App. Ct. 2010). “Greco, was convicted of distribution of a class E controlled substance, G. L. c. 94C, § 32D(«), and distribution within a school zone, G.”

Commonwealth v. Velez, 929 N.E.2d 984 (Mass. App. Ct. 2010). “94C, § 32C(a); three counts of possession of a class E drug with intent to distribute, G. L. c. 94C, § 32D(a); and possession of a hypodermic needle, G.”

Commonwealth v. One 2004 Audi Sedan Auto., 921 N.E.2d 85 (Mass. 2010). “On February 17, 2006, State police officers arrested Bruce Kneller and charged him with possession of a class E substance with intent to distribute, G. L. c. 94C, § 32D (a). At the time of arrest, the police seized Kneller’s 2004 Audi Sedan automobile and $4,359 in United States…”

Commonwealth v. Dejarnette, 911 N.E.2d 1280 (Mass. App. Ct. 2009). “The defendant was also indicted for possession of a class E substance (amitriptyline) with intent to distribute, in violation of G. L. c. 94C, § 32D (a), and possession of marijuana with intent to distribute, in violation of G.”

Commonwealth v. Cooper (Mass. App. Ct. 2017). · cites it 2× “Among the challenges to his conviction of distribution of a class E substance in a school zone, in violation of G. L. c. 94C, §§ 32D(a) and 32J, the defendant contends that the evidence was insufficient to establish that the pills seized at the time of his arrest were a class E…”

Commonwealth v. Haltiwanger (Mass. App. Ct. 2021). “94C, § 32A (c), (d); and unlawful possession with intent to distribute a class E substance (cyclobenzaprine), as a subsequent offense, G. L. c. 94C, § 32D (a), (b). 4 law effective October 1, 2016.”

Commonwealth v. Jamaine Warner. (Mass. App. Ct. 2024). “94C, § 32 (a), and possession with intent to distribute a class E substance, G. L. c. 94C, § 32D (a). cause to search apartment 2L of 42 Lyon Street, Boston.”

Commonwealth v. Bernardino Lopez (Mass. App. Ct. 2025). “Indeed, chapter 94C provides escalating punishments for distributing different sorts of drugs, ranging from a maximum of nine months in a house of correction for distributing a class E substance, G. L. c. 94C, § 32D (a), to a maximum of fifteen years in State prison, with a…”

Marshall v. Commonwealth, 1990 Mass. App. Div. 222 (Mass. Dist. Ct., App. Div. 1990). “Evidence was presented that the individual who sold drugs to the victim committed the misdemeanor of distribution of a controlled substance in violation G.Lc. 94C, §32D. The individual stated to police that he admitted selling 30 pills of “Xanax” to Kelly Marshall.”

— Mass. Gen. Laws ch. 94C, § 32D(a) — 2 cases

Commonwealth v. Velez, 929 N.E.2d 984 (Mass. App. Ct. 2010). “94C, § 32C(a); three counts of possession of a class E drug with intent to distribute, G. L. c. 94C, § 32D(a); and possession of a hypodermic needle, G.”

Commonwealth v. Cooper (Mass. App. Ct. 2017). “Among the challenges to his conviction of distribution of a class E substance in a school zone, in violation of G. L. c. 94C, §§ 32D(a) and 32J, the defendant contends that the evidence was insufficient to establish that the pills seized at the time of his arrest were a class E…”

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