Deval L. Patrick
_________________________________________________________________________________________
Governor
Timothy P. Murray
Lieutenant Governor
Mary Elizabeth Heffernan
Secretary of Public Safety and Security
Legal Update
February 7, 2013
Revisiting the Good Samaritan Portion of Melissa’s Law
Under the Good Samaritan Portion of Melissa’s Law, a person who seeks medical
attention in good faith for an overdose shall not be arrested or prosecuted for possession.
Chapter 192 of the Acts of 2012, An Act relative to sentencing and improving law enforcement tools:
AKA “Melissa’s Law” and “Crime Bill” = prohibits parole for three time offenders. The law was passed
because Melissa Gosule was murdered when her car broke down on the side of the road. The man who had
murdered Melissa was a convicted felon and had committed serious offenses but was able to receive parole
Melissa’s Law became law in August 2, 2012 and provides a number of provisions that impact policing. One
critical aspect of the law is that individuals who in good faith seek medical attention for individuals who have
overdosed or are experiencing a drug- related overdose will not be prosecuted or charged for possession of a
controlled substance.
How does the new legislation affect policing?
Key Provisions Relevant to Policing:
1. Good Samaritan Portion: A person who experiences a drug-related overdose and is in need of
medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good
faith request for medical assistance, shall not be charged or prosecuted for possession of a controlled
substance.
 The Good Samaritan Portion does not prevent police from charging an individual with
trafficking, distribution or possession of a controlled substance if there is observable evidence
of intent to distribute.
 A person acting in good faith may receive a naloxone prescription, possess naloxone and
administer naloxone to an individual appearing to experience an opiate-related overdose.
 Physicians cannot be criminally charged for prescribing an individual Naloxone or other opioid
antagonist may lawfully be prescribed and dispensed to a person at risk of experiencing an
opiate-related overdose or a family member, friend or other person in a position to assist a
person at risk of experiencing an opiate-related overdose.
2. School Zones: School Zone Violation does not apply from the hours of midnight to 5 AM and reduces
the distance from 1000 feet to 300 feet and must be within 300 feet of a public or private accredited
pre-school, elementary, vocational, high school or other qualifying institution.
3. Amount for Trafficking Charges:
18 grams = trafficking of cocaine, crack, cocaine, heroin, morphine and opiates (Anything less would
be charged as possession with intent or distribution) Melissa’s Law increased the required weight for
trafficking from 14 grams to 18 grams.
4. Reduces the minimum mandatory sentences for drug offenses:
Marijuana Trafficking
a. 100 – 2000 pounds of marijuana, the minimum mandatory sentence was reduced from 3 to 2
years jail time
b. 2,000 – 10,000 pounds of marijuana, the minimum mandatory sentence was reduced from 5
years to 3 1/2 years jail time.
c. 10,000+ pounds of marijuana, the minimum mandatory sentence was reduced from 10 years
down to eight 8 years jail time.
Cocaine or Crack Cocaine Trafficking
a. 18 – 36 Grams now carries a sentence of 2-15 years, minimum mandatory sentence of 2 years
imprisonment.
b. 36 -100 Grams now carries a sentence of 3 1/2-20, minimum mandatory sentence of 3 1/2 years
imprisonment.
c. 100 – 200 Grams mandates an 8 year minimum incarceration.
d. 200+ Grams mandates a 12 year minimum incarceration.
Heroin, Morphine, Opiate Trafficking
a. 18 – 36 Grams carries a sentence of 3 1/2 -20, minimum mandatory 3 1/2 years prison time.
b. 36 – 100 Grams carries a sentence of 5 – 20, minimum mandatory sentence of 5 years prison
time.
c. 100 – 200 Grams mandates 8 years in prison.
d. 200+ now mandates 12 years in prison.