2009 Massachusetts Code
PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
TITLE II PROCEEDINGS IN CRIMINAL CASES
CHAPTER 276A DISTRICT COURT PRETRIAL DIVERSION OF SELECTED OFFENDERS
Section 4 Inapplicability of chapter to certain otherwise eligible persons

Section 4. In the event that an individual who is eligible under the provisions of section two is charged with a violation of chapter ninety-four C, nothing in this chapter shall be construed to limit the effect or operation of sections thirty-eight to fifty-five, inclusive, of chapter one hundred and twenty-three.

In the event that an individual who is eligible under the provisions of section two is charged with a violation of one or more of the offenses enumerated in section three of chapter one hundred and twenty-three A, the provisions of this chapter shall not be applicable for said defendant.

A person charged with violating the provisions of subsection (a) of section fifteen A, subsection (a) of section fifteen B, subsection (a) of section eighteen and subsection (a) of section nineteen of chapter two hundred and sixty-five or subsection (a) of section twenty-five of chapter two hundred and sixty-six shall, for the second or subsequent such offense, not be diverted to a program as provided in section two.