[Text of section applicable as provided by 2018, 69, Sec. 237.]
Section 32J. Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I while in, on or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational or secondary school if the violation occurs between 5:00a.m. and midnight, whether or not in session, or within 100 feet of a public park or playground and who during the commission of the offense: (i) 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; or (ii) engaged in a course of conduct whereby the person directed the activities of another person who committed any felony in violation of this chapter; or (iii) committed or attempted to commit a violation of section 32F or section 32K shall be punished by a term of imprisonment in the state prison for not less than 2.5 nor more than 15 years or by imprisonment in a jail or house of correction for not less than 2 nor more than 2.5 years. No sentence imposed pursuant to this section shall be for less than a mandatory minimum term of imprisonment of 2 years. A fine of not less than $1,000 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum 2 year term of imprisonment as established herein. In accordance with section 8A of chapter 279 such sentence shall begin from and after the expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I.
Lack of knowledge of school boundaries shall not be a defense to any person who violates this section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 94c - Controlled Substances Act
Section 2 - Establishment of Schedules of Drugs or Other Controlled Substances
Section 2a - Temporary Placement of Substance in Schedule I
Section 3 - Findings Required for Placement in Schedules
Section 4 - Exceptions From Schedules
Section 5 - Dispensing Controlled Substances Excepted Under Sec. 4
Section 6 - Rules and Regulations
Section 7a - Registration as Participant in Prescription Monitoring Program
Section 8 - Research Projects and Studies
Section 10 - Separate Registration
Section 11 - Inspection of Establishments of Registrants or Applicants
Section 12 - Issuance of Registration to Manufacture or Distribute Controlled Substances
Section 16 - Distribution Between Registrants; Order Form
Section 17 - Necessity of Prescription for Dispensing Controlled Substances
Section 18 - Issuance of Prescription by Practitioner or Physician
Section 18b - Voluntary Non-Opiate Directive Form
Section 18c - Patient Education Required Before Issuance of Opioid Prescription
Section 19 - Prescription; Restrictions on Issuance
Section 19a - Emergency Contraception
Section 19b - Dispensing, Possessing and Administrating Opioid Antagonist
Section 19b1/2 - Exchange of Naloxone or Other Opioid Antagonist Between Registered Entities
Section 19d - Supply Limitations for Opiate Prescriptions; Exception for Palliative Care
Section 20 - Oral Prescriptions
Section 20a - Radiopharmaceutical Drugs
Section 21a - Prescriptions; Prospective Drug Review and Counseling by Pharmacist
Section 21b - Advertisement and Sale of Prescription Lock Boxes by Pharmacies
Section 22 - Contents of Prescription Written by Practitioner
Section 23 - Written or Electronic Prescriptions; Requirements and Restrictions
Section 27 - Sale of Hypodermic Syringes or Hypodermic Needles
Section 28 - Jurisdiction of Superior Court
Section 29 - Educational Programs for Prevention of Abuse of Controlled Substances
Section 30 - Administrative Inspection of Controlled Premises
Section 32k - Inducing or Abetting Minor to Distribute or Sell Controlled Substances
Section 32m - Possession of 2 Ounces or Less of Marihuana; Drug Awareness Program
Section 37 - Theft of Controlled Substances From Persons Authorized to Dispense or Possess
Section 38 - Violation of Secs. 24(a), 25, 26 or 27
Section 39 - Violation of Secs. 21 or 22
Section 41 - Arrest Without Warrant
Section 42 - Cooperation With Federal and Other State Agencies
Section 43 - Conformity With Federal Acts
Section 45 - Photographing and Fingerprinting of Persons Charged With Felony