Comparison of Mandatory Minimum Sentences
Drug offenders are routinely sentenced to mandatory prison terms that are otherwise reserved for
violent crimes or repeat offenders. This is true even if the person had little or no prior criminal
record, played only a minor role in the offense or was an addict.
Many mandatory minimum sentences are based solely on the weight of the drug involved
(including any substance it may be mixed with); no other factors can be considered.
12 years
Trafficking 200 grams or more of heroin or
cocaine
200 grams = 7 ounces = a can of baking powder
There are no other offenses that require a
mandatory minimum sentence of 12 years.
These crimes require a lesser 10-year mandatory
minimum:
● Rape with use of a firearm;
● Indecent assault and battery on a child under
14, committed during another offense;
● Assault with a firearm with intent to rob or
murder, victim 60 or older;
● Human trafficking for sexual servitude – 2nd
offense.
8 years
Trafficking 100 to 200 grams of heroin or
cocaine
There are no other offenses that require a
mandatory minimum sentence of 8 years. This
crime requires a lesser 7-year mandatory
minimum:
100 grams = 3½ ounces = package of instant
pudding mix
● Unlawful possession of machine gun or
Firearm – 3rd offense.
5 years
Trafficking 36 to 100 grams of heroin
36 grams = 1.3 ounce = 1 packet seasoning mix
● Manslaughter while operating a motor
vehicle;
● Human trafficking for sexual servitude;
● Assault with attempt to rape, use of a gun;
● Lascivious acts with a child under 16 – 2nd
offense;
● Illegal firearms trafficking: 10 to 19
weapons within 12 months.
Families Against Mandatory Minimums Massachusetts Project | Box 54, Arlington, MA 02476 | p: (617) 543-0878 | www.famm.org
3½ years
■ Distribution of heroin
“Distribution” is not limited to sales. It includes
sharing drugs with another or possession with
the intent to distribute.
■ Trafficking 36 to 100 grams of cocaine
■ Trafficking 18 to 36 grams of heroin
18 grams = 0.6 ounce = 1 packet of dry salad
dressing mix
There are no other offenses that require a
mandatory minimum sentence of 3½ years.
These crimes require a lesser 3-year mandatory
minimum:
● Assault and battery to coerce a child under
18 to participate in gang activity;
● Illegal firearms trafficking: 3 to 9 weapons
within 12 months;
● Armed Career Criminal Act: certain
unlawful gun possession crimes, if previous
conviction for violent offense;
● Inducing a minor into prostitution.
2 years
“School zone” violation – Any drug offense
committed within 300 feet of a school or its
property, between the hours of 5 a.m. and
midnight, even if:
▪ no children were present;
▪ the offense occurred in a private home;
▪ the offense would not require any jail time if
committed elsewhere.
● Assault with dangerous weapon with intent
to rob or murder, victim 60 or older – 2nd
offense;
● Assault and battery with dangerous weapon
on a person 60 or older – 2nd offense;
● Robbery of person 60 or older – 2nd offense;
● Stalking in violation of a court order – 2nd
offense.
School zone sentences are added onto the
sentence for the drug offense itself. They cannot
be served concurrently with the sentence for any
other drug offense.
(4-7-13)
Families Against Mandatory Minimums Massachusetts Project | Box 54, Arlington, MA 02476 | p: (617) 543-0878 | www.famm.org