820
ACTS, 1972. — C H A P .
806,
adding the following sentence:—: Systems operated by the criminal
history systems board, pursuant to sections one hundred. and sixtyseven to one hundred and seventy-eight, inclusive, of chapter r six, may
be used for such record-keeping purposes provided that such records
remain subject to the regulations of said board.
•
SECTION 4. Section 28 of said chapter 127, as appearing in section 10
of said chapter 777, is hereby amended by adding the following sen^tence: — Systems operated by the criminal history systems board, purr
suant to sections one hundred and sixty-six through one hundred and
seventy-seven, inclusive, of chapter six, may be used for such recordkeeping purposes provided that such records remain subject to the
regulations of said board.
SECTION 5. Section 29 of said chapter 127, as appearing in the^Tercentenary Edition, is hereby amended by adding the folio wing.sentence:—However, publication of any records required by section
twenty-eight which are kept on systems operated by the criminal history systems board shall be in accordance with the regulations of said
board.
SECTioN 6. Section 4A of chapter 147 of the General Laws, as so
appearing, is hereby amended by. adding the following sentence:—•
Systems operated by the criminal history, systems board, pursuant .to
sections one hundred and sixty-seven to one hundred and seventy-eighty
inclusive, of chapter six, may be used for such recordkeeping purposes
provided that such records remain subj ect to the regulations of said board.
SECTION 7. Subdivision (6) of section 4C of said chapter 147, as
appearing in section 2 of chapter 771 of the acts of 1955, is hereby
amended by adding the following sentence: — Systems operated by the
criminal history systems board, pursuant to sections one hundred and
sixty-seven to one hundred and seventy-eight, inclusive, of chapter six,
may be used for such recordkeeping purposes provided that such records
remain subject to the regulations of said board.
SECTION 8. Section 100 of chapter 276 of the General Laws, as most
recently amended by section 63 of chapter 838 of the acts of 1969, is
hereby further amended by adding the following sentence: — The com^
missioner may use systems operated by the criminal history systems
board, pursuant to sections one hundred sixty-seven to one hundred
seventy-eight, inclusive, of chapter six, for any record-keeping lawfully
required by him provided that such records remain subject to the regulations of said board.
• ' • ' . ' . •
• ;
SECTION 9. This act shall take effect conformably to law, except that
any agency, department, institution, or individual which is- authorized
by statute to receive criminal offender record information or (which receives the same at the discretion of the commissioner of probation, on
the effective date of this act, shall continue to receive the same, not-r
withstanding any provision of this act to the contrary, until January
first, nineteen hundred and seventy-three. . . Approved July 19, 1972.
C h a p . 806.
A N A C T RELATIVE T O T H E L A W PROVIDING F O R T H E R E G U -
LATION OP DRUGS AND CONTROLLED SUBSTANCES. -
Be it enacted, etc., as follows:
' .-'
SECTION 1. The definition of "Class" in section .1 of chapter 94C of
the General-Laws, as appearing in section 1 of chapter 1071 of the acts
ACTS, 1972.—CHAP. 806.
821
of 1971, is hereby amended by striking out, in line 1, the word "list"
and inserting in place thereof the word: — lists.
SECTION 2. Said section 1 of said chapter 94C, as so appearing, is
hereby further amended by striking out the definition of "Clinical
research".
SECTION 3. The definition of "Dispense" in said section 1 of said
chapter 94C, as so appearing, is hereby amended by striking out, in
line 3, the words "or pursuant to the lawful" and inserting in place
thereof the words: — a practitioner or pursuant to the.
SECTION 4. The definition of "Marihuana" in said section 1 of said
chapter 94C, as so appearing, is hereby amended by striking out, in
line 8, the word "of." and inserting in place thereof the word: — or.
SECTION 5. Said section 1 of said chapter 94C, as so appearing, is
hereby further amended by inserting after the definition of "Registration" the following definition:—
"Registration number", such registration number or numbers, either
^,^federaLor=state,=that,are,reguired,with,resp_e.ct to practitioners b y a p propriate administrative agencies.
' " ' '
SECTION 6. The definition of "Schedule" in said section 1 of said
chapter 94C, as so appearing, is hereby amended by striking out, in
line 1, the word " a " and inserting in place thereof the word: — the.
SECTION 7. Section 2 of said chapter 94C, as so appearing, is hereby
, amended by inserting after paragraph (a) the following paragraph: —
(a}4) The commissioner may, pursuant to the provisions of chapter thirty-A, delete or reschedule all substances enumerated in the
schedules established pursuant to the provisions of subsection (a), except that if any substance which has not been schedules pursuant to the
provisions of this section is designated a controlled substance under
the Federal Comprehensive Drug Abuse Prevention and Control
Act of 1970 or an}^ amendment thereof, or if any substance which has
been scheduled pursuant to the provisions of this section is designated
a controlled substance of greater abuse liability under the Federal
Comprehensive Drug Abuse Prevention and Control Act of 1970 or any
amendment thereof, the commissioner, pursuant to the provisions of
chapter thirty A, shall, not more than thirty days after publication of
final notice in the federal register or not more than thirty days after
the effective date of any federal statute affecting the scheduling of controlled substances under said federal act or any amendment thereof,
issue a regulation controlling the substance in a schedule corresponding
to the federal schedules.
SECTION 8. Section 3 of said chapter 94C, as so appearing, is hereby
amended by inserting after the word "unless", in line 2, the words: —
such drug or substance has been scheduled pursuant to the provisions
of the Federal Comprehensive. Drug Abuse, Prevention and Control
Act of 1970, or any amendment thereof, or unless.
SECTION 9. Section 4 of said chapter 94C, as so appearing, is hereby
amended by striking out the third paragraph and inserting in place
thereof the following paragraph:—
The commissioner shall by regulation modify, rescind or revoke an
exception whenever it has been modified, rescinded or revoked under
the provisions of the Federal Comprehensive Drug Abuse, Prevention
and Control Act of 1970 or any amendment thereof.
822
ACTS, 1972. — CHAP.
806.
SECTION 10. Section 8 of said chapter 94C, as so appearing, is hereby
amended by striking out paragraph (a) and inserting in place thereof
the following paragraph: —
(a) No person shall carry out any research project or study involving
any narcotic drug in Schedule I I or the investigational use on human
beings of any new drug as' defined in section two hundred and one (p) of
the Federal Food, Drug and Cosmetic Act, as amended, unless he supplies the commissioner and the commissioner of mental health with
satisfactory evidence of compliance with any applicable federal law,
and, if the commissioner so requires, with a protocol describing the research project or study to be undertaken.
SECTION 11. Said section 8 of said chapter 94C, as so appearing, is
hereby further amended by inserting after subsection (g) the following
paragraph: —
(h) Notwithstanding the provisions of paragraphs (a) to (g), inclusive, this section shall not apply to any drug recognized as safe and
which has beenOsxempted by section one hundred and seven of the
Federal Drug Amendments Act of 1962 from the operation of sections two hundred and one (p) and five hundred and five of the Federal
Food, Drug and Cosmetic Act, as amended.
SECTION 12. Clause (2) of paragraph (a) of section 13 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 1,
the words-"of any criminal violation" and inserting after the word
"law", in' line 2, the words: — of any criminal violation.
SECTION 13. Paragraph (e) of said section 13 of said chapter 94C,
as so appearing, is hereby amended by striking out, in line 6, the word
"seal" and inserting in place thereof the words: — embargo pursuant
to the procedures prescribed in sections one hundred and eighty-nine
and one hundred and eighty-nine A of chapter ninety-four, — and by
striking out, in line 7, the word "seal" and inserting in place thereof
the words: — such embargo.
SECTION 14. Paragraph (b) of section 18 of said chapter 94C, as so
appearing, is hereby amended by inserting after the word "an", in.
line 2, the words: — expressly authorized.
SECTION 15. Section 19 of said chapter 94C, as so appearing, is
hereby amended by striking out paragraph (c) and inserting in place
thereof the following paragraph:—\
(c) Unless permitted by federal law, a prescription shall not be issued
for the dispensing of drugs or controlled substances as defined in section thirty-eight of chapter one hundred and twenty-three, listed in any
schedule to a drug dependent person for the purpose of continuing his
dependence upon such drugs, in the course of conducting an authorized
clinical investigation pursuant to an addict rehabilitation program.
SECTION 16. Paragraph (6) of section 22 of said chapter 94C, as so
appearing, is hereby amended by inserting after the word "name", in
line 6, the words: — , dosage and strength per dosage unit,.
SECTION 17. Paragraph (d). of section 23 of said chapter 94C, as so
appearing, is hereby amended by striking out, in line 2, the words
"written or filled which calls" and inserting in place thereof the word: •—
filled.
*
SECTION 18. Paragraph (e) of section 24 of said chapter 94C, as so
appearing, is hereby amended by inserting after the letter "A", in
ACTS,
.1972. —CHAP. 806.
823
line 4, the words:,—, after consultation with the commissioner of public
health,.
SECTION 19. Said section 24 of said chapter 94C, as so appearing, is
hereby further amended by adding after paragraph (e) the following
paragraph:—
(/) Every physician attending or treating a case of acute poisoning
caused by any controlled substance shall report the circumstances of
such poisoning to the commissioner, provided, however, that such physician shall not report the identity of any person who has been so poisoned
to the commissioner or. to any law enforcement officer or agency for any
purpose without the written consent of such person, nor shall the
identity of such person be admissible in evidence against said person
in any criminal proceeding. The commissioner may then require or
conduct further investigation into the circumstances of such poisoning.
SECTION 20. Paragraph (c) of section 27 of said chapter 94C, as so
appearing, is hereby amended by striking out, in line 6, the word "fact",
and inserting in place thereof the word:—face.
^~" SECTTON^lT^Pa'rllfrap^
appearing, is hereby amended by inserting after the word "affirmation", in line 2, the words: — by the commissioner or his designee except
in the case of a pharmacy, by the commissioner or his designee or by the
designee of the board of registration in pharmacy, or by a police officer.
SECTION 22. Clause (1) of paragraph (c) of Class C of the first paragraph of section 31 of said chapter 94C, as so appearing, is hereby
amended by striking out, in line 1, the word "of", the second time it
appears, and inserting in place thereof the word: — or.
SECTION 23. Section 34 of said chapter 94C, as so appearing, is
hereby amended by striking out the second paragraph and inserting in
place thereof the following paragraph: —
If any .person who is charged with a violation of this section has not
previously been convicted of a violation of any provision of this chapter
or other provision of prior law relative to narcotic drugs or harmful
drugs as defined in said prior law, or of a felony under the laws of any
state or of the United States relating to such drugs, has had his case
continued^without a finding to a certain date, or has been convicted and
placed on probation and if, during the period of said continuance or of
said probation, such person does not violate any of the conditions of
said continuance or said probation, then upon the expiration of such
period the court may, in the manner provided by paragraph two of
section one hundred A of chapter two hundred and seventy-six, dismiss
the proceedings against him and may order sealed all official records
relating to his arrest, indictment, conviction, probation, continuance or
discharge pursuant to this section; provided, however, that departmental records which are not public records, maintained by police and other
law enforcement agencies shall not be so sealed; and provided further
that such a record shall be maintained in a separate file by the department of .probation solely for the purpose of use by the. courts in determining whether or not in subsequent proceedings such person qualifies
under this section. The record maintained by the department of probation shall contain only identifying information concerning the person
and a statement that he has had his record sealed pursuant to the provisions of this section. Any conviction, the record of which has been
824
ACTS, 1972. — CHAP.
806.
sealed under this section, shall not be deemed a conviction for purposes
of any disqualification or for any other purpose. No person as to whom
such sealing has been ordered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false
statement by reason of his failure to recite or acknowledge such arrest,
indictment, conviction, dismissal, continuance, sealing, or any other
related court proceeding, in response to any inquiry made of him for
any purpose.
SECTION 24. The third paragraph of said section 34 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 10,
the word " expunged " and inserting in place thereof the word: — sealed.
SECTION 25. Section 35 of said chapter 94C, as so appearing, is
hereby amended by striking out, in lines 7 and 8, the words "section thirty-four relative to probation" and inserting in place thereof
the words: — the third paragraph of section thirty-four relative to
probation sealing of the records.
SECTION 26. Section 36 of said chapter 94C, as so appearing, is
hereby amended by striking out, in line. 1, the word "If" and inserting
in place thereof the words: — Notwithstanding the provisions~of section thirty-five, if.
SECTION 27. Section 38 of said chapter 94C, as so appearing, is
hereby amended by inserting after the word "who", in line 1, the word: —
knowingly.
SECTION 28. Section 39 of said chapter 94C, as so appearing, is
hereby amended by striking out the first sentence and inserting in place
thereof the following sentence: — Any person who knowingly violates
any provision of sections twenty-one or twenty-two shall be punished
by imprisonment for not more than six months or by a fine of not more
than fifteen hundred dollars, or by both.
SECTION 29. Clause (c) of the first paragraph of section 41 of said
chapter 94C, as so appearing, is hereby amended by striking out, in
line 4, the word "forty-one" and inserting in place thereof the word: —
forty.
;' '
SECTION 30. Clause (4) of paragraph (c) of section 47 of said chapter 94C, as so appearing, is hereby amended by inserting after the word
"distribute", in line 3 the words: — marihuana or.
SECTION 31. Subsection (e) of said section 47 of said chapter 94C,
as so appearing, is hereby amended by striking out, in lines 1 and 2,
the words "said property" and inserting in place thereof the words: —
any property subject to forfeiture under this chapter.
SECTION 32. The.first sentence of section 21 of chapter 90 of the
General Laws is hereby amended by striking out, in lines 20 to 22, inclusive, as appearing in chapter 332 of the acts of 1963, the words " or.
narcotic"-drugs, as defined in section one hundred and ninety-seven of
chapter ninety-four, or under the influence of barbituates, amphetamines, or other hypnotic or somnifacient drugs" and inserting in place
thereof the words: — marihuana or narcotic drugs, or depressant or
stimulant substances, all as defined in section one of chapter ninetyfour C.
SECTION 33. Section 9 of chapter 111 of the General Laws is hereby
amended by striking out the third and fourth sentences, inserted by
chapter 593 of the acts of 1957, and inserting in place thereof the follow-
ACTS, 1972. —. CHAP. 806.
825
ing two sentences: — Such inspectors shall, in the enforcement of laws
relative to controlled substances as denned in section one of chapter ninety-four C, have all the powers and authority of police officers
and constables except the power to serve civil process. Inspectors assigned to investigate violations of laws relative to controlled substances
as defined in section one of chapter ninety-four C may at the request
of the commissioner carry revolvers, billies, clubs, handcuffs and any
other paraphernalia necessary for their protection and the enforcement
of such laws.
SECTION 34. Section 38 of chapter 123 of the General Laws, as most
recently amended by section 6 of chapter 1071 of the acts of 1971, is
hereby further amended by striking out the definition of "Dependency
related drug" and inserting in place thereof the following definition: —
"Dependency related drug", a controlled substance as defined in
section one of chapter ninety-four C.
SECTION 35. Chapter 1071 of the acts of 1971 is hereby amended by
inserting ajtier sectipn_8 the foliowmg section:-—
. _ __. _
Section 8A. Any person convicted under the provisions of secfioirtwo"
hundred and thirteen A of chapter ninety-four of the General Laws,
repealed by section two of this act, for being in the presence of heroin,
who does not have any other convictions for offenses constituting
felonies under the provisions of the General Laws shall, notwithstanding
the provisions of section one hundred and thirty-one of chapter one
hundred and forty, not be discriminated against solely on the basis
of such conviction in matters of employment under the provisions of
section six A of chapter twenty-two, section seventeen of chapter thirtyone, section ninety-six of chapter forty-one and section nine of chapter one hundred and twenty-five of the General Laws.
Approved July 19, 1972.
THE COMMONWEALTH or MASSACHUSETTS
EXECUTIVE DEPARTMENT, STATE HOUSE
BOSTON, July 20, 1972
The Honorable JOHN F. X. DAVOREN, Secretary of the Commonwealth, State House,
Boston, Massachusetts.
DEAR M R . SECRETARY:— I, Francis W. Sargent, pursuant to the
provisions of Article XLVIII of the Amendments to the Constitution,
the Referendum II, Emergency Measures, hereby declare in my opinion the immediate preservation of the public convenience requires that
the law being Chapter 806 of the Acts of 1972, entitled " A N ACT RELATIVE TO THE LAW PROVIDING FOR THE REGULATION OF DRUGS AND CONTROLLED SUBSTANCES." and the enactment of which received my approval on July 19, 1972, should take effect forthwith.
I further declare that in my opinion said law is an emergency law
and the facts constituting the emergency are as follows:
In order that the corrective changes provided by this act may immediately be implemented in the law providing for the regulation of
drugs and controlled substances.
Sincerely,
FRANCIS W. SARGENT,
Governor of the Commonwealth.
826
ACTS, 1 9 7 2 . — C H A P . 807.
OFFICE OF THE SBCBETABT, BOSTON, July 20, 1972. '
I, John F. X. Davoren, Secretary of t h e ' Commonwealth, hereby
certify that the accompanying statement was filed in this office by His
Excellency the Governor of the Commonwealth of Massachusetts at
eleven o'clock and fifteen minutes, A.M., on the above date, and in accordance with' Article Forty-eight of the Amendments to .the Constitution said chapter takes effect forthwith, being chapter eight hundred
and six of the acts of nineteen hundred and seventy-two.
JOHN F. X . DAVOREN,
Secretary of the Commonwealth.
C h a p . 807.
AN
A C T AUTHORIZING
DEFERRED
COMPENSATION
CON-
T R A C T S WITH CERTAIN INSURANCE COMPANIES FOR THE
PURPOSE OF FUNDING DEFERRED COMPENSATION PROGRAMS FOR STATE', COUNTY AND MUNICIPAL EMPLOYEES.
Be it enacted, etc., as follows:
SECTION 1. Section 31 of chapter 29 of the General Laws is hereby
amended by adding the following sentence: — The provisions of this
section shall not be construed so as to prohibit the payment of premiums for the purchase of a life insurance contract, annuity contract or
other deferred compensation program for state employees under section
sixty-four.
SECTION 2. Section 38 of said chapter 29 is hereby amended by
striking out the first paragraph, as amended by section 7 of chapter 658
of the acts of 1945, and inserting in place thereof the following paragraph: — . .
Funds over which the commonwealth has exclusive control, except
funds of the state employees' retirement system, teachers' retirement
system or funds used in connection with a deferred compensation program for state employees, shall be invested by the state treasurer with
the approval of the governor and council as follows: — .
SECTION 3. Said chapter 29 is hereby further amended by adding
the following section: —
Section 64. The state treasurer may contract with an employee to
defer a portion of that employee's income and may subsequently with
the consent of the employee, purchase a life insurance or annuity contract, for the purpose of funding a deferred compensation program for
the employee, from any life underwriter duly licensed by the commonwealth who represents an insurance company licensed to contract business in the commonwealth. As used in this section, the word "employee" shall have the same meaning as "employee", "employee of
the general court", and "head of his department", as defined in section
one of chapter thirty-two. In no event shall the total of the premiums
paid for the purchase of said life insurance contract or annuity contract
and the employee's non-deferred income for any year exceed the total
annual salary or compensation under' the existing salary schedule or
classificatoin plan applicable to such employee in such year. Such a
deferred compensation program shall exist and serve in addition to,
and shall not be a part of any retirement or pension system as provided
in chapter thirty-two and any other benefit program provided by law
for employees of the commonwealth. Any income deferred under such