§ 32I — Drug paraphernalia; sale, possession or manufacture with intent to sell; penalty; sale of tobacco rolling papers

Massachusetts § 32I

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XV: REGULATION OF TRADE
• Ch. 94C: CONTROLLED SUBSTANCES ACT

Text

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

Section 32I. (a) No person shall sell, possess or purchase with intent to sell, or manufacture with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Whoever violates any provision of this paragraph shall be punished by imprisonment in jail or house of correction for not more than two years, or by a fine of not more than five thousand dollars, or both.

(b) Any person who violates the foregoing provision by selling drug paraphernalia to a person under eighteen years of age shall be imprisoned in the state prison for not less than three nor more than five years, or by a fine of not less than one thousand nor more than five thousand dollars, or both.

(c) On any premises where tobacco rolling papers are sold, the person in control of such premises shall cause to be displayed in a prominent place therein a printed warning that such papers shall not be used in conjunction with the possession of a controlled substance the possession of which is punishable by a fine or imprisonment. Whoever violates the provisions of this subsection shall be punished by a fine of not less than fifty nor more than two hundred dollars.

(d) This section shall not apply to the sale of hypodermic syringes or hypodermic needles pursuant to section 27.