Massachusetts General Laws
Chapter 94c - Controlled Substances Act
Section 36 - Protective Custody of Children Found Present Where Controlled Substances Are Unlawfully Kept or Possessed

Section 36. Notwithstanding the provisions of section thirty-five, if a police officer finds a child present where said officer finds a substance which he reasonably believes to be a controlled substance listed in Class A, B, or C of section thirty-one kept or possessed in violation of any provision of this chapter, and if the police officer reasonably believes that the child has not reached his eighteenth birthday and that the child knew of the presence of such controlled substance, the police officer may lawfully take such child into protective custody for a period not to exceed four hours. Persons having custody of a child under this section shall make reasonable efforts to notify the child's parent or guardian or other person having lawful custody. Such persons shall be considered to be acting in the conduct of their official duties and shall not be held criminally or civilly liable for such acts. A child detained pursuant to the provisions of this section shall not be considered to have been arrested or to have a criminal record for any purpose; however, only a departmental record of custody shall be made by the officer indicating the circumstances of custody. The procedures and processes provided by this section for the care, protection, and custody of children are not exclusive but are in addition to all others provided by law.

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Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XV - Regulation of Trade

Chapter 94c - Controlled Substances Act

Section 1 - Definitions

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 6a - Licensure of Certain Corporate Entities With Patients Receiving Opioid Agonist Therapy; Best Practice Guidance for Practitioners

Section 7 - Registration of Persons Who Manufacture, Distribute, Dispense or Possess Controlled Substances

Section 7a - Registration as Participant in Prescription Monitoring Program

Section 8 - Research Projects and Studies

Section 9 - Administering and Dispensing of Controlled Substances in Course of Professional Practice; Records, Inspection

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 13 - Suspension or Revocation of Registration; Report of Criminal Violations; Controlled Substances Affected Placed Under Embargo; Forfeiture; Notice to Bureau

Section 14 - Suspension of or Refusal to Renew Registration Pending Proceedings in Cases of Imminent Danger to Public

Section 15 - Record-Keeping and Inventory Requirements; Filing of Dea Form 106 With City, Town and State Police Departments Upon Discovery of Theft or Loss of Controlled Substance

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 18a - Prerequisites for Issuing Outpatient Extended-Release Long-Acting Opioid in a Non-Abuse Deterring Form; Written Pain Management Treatment Plan for Long-Term Pain Management

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 19c - High Opiate Overdose Area Pharmacies Required to Maintain Continuous Supply of Naloxone Rescue Kits or Opioid Antagonist Medications

Section 19d - Supply Limitations for Opiate Prescriptions; Exception for Palliative Care

Section 20 - Oral Prescriptions

Section 20a - Radiopharmaceutical Drugs

Section 21 - Packaging and Labeling by Pharmacist Filling Prescription; Distribution of Educational Pamphlet

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 24 - Dispensing by Practitioner for Narcotic Drug Research or Treatment of Drug Dependent Persons

Section 24a - Electronic Monitoring of the Prescribing and Dispensing of Controlled Substances and Certain Additional Drugs

Section 24b - Mean and Median Quantity and Volume of Prescriptions for Opiates; Notification of Practitioner's Own Percentile Ranking

Section 25 - Restrictions

Section 26 - Distribution in Course of Business in Violation of Sec. 16 or Furnishing False Information in Application, etc., Prohibited

Section 27 - Sale of Hypodermic Syringes or Hypodermic Needles

Section 27a - Collection and Disposal of Spent Non-Commercially Generated Hypodermic Needles and Lancets

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 31 - Classes of Controlled Substances; Establishment of Criminal Penalties for Violations of This Chapter

Section 32 - Class a Controlled Substances; Unlawful Manufacture, Distribution, Dispensing or Possession With Intent to Manufacture, etc.; Eligibility for Parole

Section 32a - Class B Controlled Substances; Unlawful Manufacture, Distribution, Dispensing or Possession With Intent to Manufacture, Etc.

Section 32b - Class C Controlled Substances; Unlawful Manufacturer, Distribution, Dispensing or Possession With Intent to Manufacture, Etc.

Section 32c - Class D Controlled Substances; Unlawful Manufacture, Distribution, Dispensing, Cultivation or Possession With Intent to Manufacture, Etc.

Section 32d - Class E Controlled Substances; Unlawful Manufacture, Distribution, Dispensing, or Possession With Intent to Manufacture, Etc.

Section 32e - Trafficking in Marihuana, Cocaine, Heroin, Synthetic Opioids, Morphine, Opium, etc.; Eligibility for Parole

Section 32f - Unlawful Manufacture, Distribution, Dispensing or Possession With Intent to Manufacture, Etc. of Controlled Substances in Classes a to C to Minors

Section 32g - Counterfeit Substances; Unlawful Creation, Distribution, Dispensing or Possession With Intent to Distribute or Dispense

Section 32h - Prosecutions Not to Be Continued or Placed on File; Suspension or Reduction of Sentence; Eligibility for Parole, Etc.

Section 32h1/2 - Good Behavior Deductions From Sentence After Serving Mandatory Minimum Term of Imprisonment; Eligibility; Parole; Work Release

Section 32i - Drug Paraphernalia; Sale, Possession or Manufacture With Intent to Sell; Penalty; Sale of Tobacco Rolling Papers

Section 32j - Controlled Substances Violations In, on or Near School Property or Public Parks or Playgrounds

Section 32k - Inducing or Abetting Minor to Distribute or Sell Controlled Substances

Section 32l - Possession of 2 Ounces or Less of Marihuana; Civil Penalty and Forfeiture; Other Sanctions or Disqualifications Prohibited

Section 32m - Possession of 2 Ounces or Less of Marihuana; Drug Awareness Program

Section 32n - Possession of One Ounce or Less of Marihuana; Enforcement Consistent With Non-Criminal Disposition Provisions of Sec. 21d of Chapter 40; Duty of Police Department; Notice; Failure to File Certificate of Completion of Drug Awareness Prog...

Section 33 - Unlawful Use of Registration Numbers in Manufacture or Distribution, or Fraudulently Obtaining Possession, of Controlled Substances; Criminal Penalties

Section 34 - Unlawful Possession of Particular Controlled Substances, Including Heroin and Marijuana; Lawful Possessing, Storing, Analyzing, Processing and Testing of Medical Marijuana and Medical Marijuana-Infused Products by Laboratories Exception

Section 34a - Immunity From Prosecution Under Sec. 34 or Finding of Violation of Condition of Probation, Pretrial Release or Parole for Persons Seeking Medical Assistance for Self or Other Experiencing Drug-Related Overdose

Section 36 - Protective Custody of Children Found Present Where Controlled Substances Are Unlawfully Kept or Possessed

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 40 - Conspiracy

Section 41 - Arrest Without Warrant

Section 42 - Cooperation With Federal and Other State Agencies

Section 43 - Conformity With Federal Acts

Section 44 - Violations of Sec. 34; Acquittal, Dismissal or Indictment Nol Prossed; Sealing of Records

Section 45 - Photographing and Fingerprinting of Persons Charged With Felony

Section 47 - Forfeiture of Property

Section 47a - Seized Controlled Substances and Narcotic Drugs; Custodian; Mailing for Chemical Analysis; Destruction or Disposal Upon Completion of Trial

Section 48 - Severability

Section 49 - Enforcement of Sec. 24a