Senate Introduced Bill B01043

SENATE BILL No. 1043

February 22, 2000, Introduced by Senators SCHWARZ, MC MANUS, YOUNG, NORTH,

DE BEAUSSAERT, HAMMERSTROM, VAN REGENMORTER, GOUGEON,

JOHNSON, BENNETT, STEIL, GAST and GOSCHKA and referred to the

Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7212, 7214, 7401, 7402, 7403, and 7404 (MCL

333.7212, 333.7214, 333.7401, 333.7402, 333.7403, and 333.7404),

section 7212 as amended by 1998 PA 248, section 7214 as amended

by 1982 PA 352, section 7401 as amended by 1998 PA 319, sections

7402 and 7404 as amended by 1994 PA 38, and section 7403 as

amended by 1996 PA 249, and by adding section 7401b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 7212. (1) The following controlled substances are

2 included in schedule 1:

3 (a) Any of the following opiates, including their isomers,

4 esters, the ethers, salts, and salts of isomers, esters, and

5 ethers, unless specifically excepted, when the existence of these

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1 isomers, esters, ethers, and salts is possible within the

2 specific chemical designation:

3 Acetylmethadol Difenoxin Noracymethadol

4 Allylprodine Dimenoxadol Norlevorphanol

5 Alpha-acetylmethadol Dimepheptanol Normethadone

6 Alphameprodine Dimethylthiambutene Norpipanone

7 Alphamethadol Dioxaphetyl butyrate Phenadoxone

8 Benzethidine Dipipanone Phenampromide

9 Betacetylmethadol Ethylmethylthiambutene Phenomorphan

10 Betameprodine Etonitazene Phenoperidine

11 Betamethadol Etoxeridine Piritramide

12 Betaprodine Furethidine Proheptazine

13 Clonitazene Hydroxypethidine Properidine

14 Dextromoramide Ketobemidone Propiram

15 Diampromide Levomoramide Racemoramide

16 Diethylthiambutene Levophenacylmorphan Trimeperidine

17 Morpheridine

19 (b) Any of the following opium derivatives, their salts,

20 isomers, and salts of isomers, unless specifically excepted, when

21 the existence of these salts, isomers, and salts of isomers is

22 possible within the specific chemical designation:

24 Acetorphine Drotebanol Morphine-N-Oxide

25 Acetyldihydrocodeine Etorphine Myrophine

26 Benzylmorphine Heroin Nicocodeine

27 Codeine methylbromide Hydromorphinol Nicomorphine

28 Codeine-N-Oxide Methyldesorphine Normorphine

29 Cyprenorphine Methyldihydromorphine Pholcodine

30 Desomorphine Morphine methylbromide Thebacon

31 Dihydromorphine Morphine methylsulfonate

33 (c) Any material, compound, mixture, or preparation which

34 contains any quantity of the following hallucinogenic substances,

35 their salts, isomers, and salts of isomers, unless specifically

36 excepted, when the existence of these salts, isomers, and salts

37 of isomers is possible within the specific chemical designation:

39 2-Methylamino-1-phenylpropan-1-one

40 Some trade and other names:

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1 Methcathinone

2 Cat

3 Ephedrone

4 3, 4-methylenedioxy amphetamine

5 5-methoxy-3, 4-methylenedioxy

6 amphetamine

7 3, 4, 5-trimethoxy amphetamine

8 Bufotenine

9 Some trade and other names:

10 3-(B-dimethylaminoethyl)-5 hydrozyindole

11 3-(2-dimethylaminoethyl)-5 indolol

12 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine

13 Mappine

14 2, 5-Dimethoxyamphetamine

15 Some trade or other names:

16 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA

17 4-Bromo-2, 5-Dimethoxyamphetamine

18 Some trade or other names:

19 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo

20 2,5-DMA

21 Diethyltryptamine

22 Some trade and other names:

23 N,N-Diethyltryptamine; DET

24 Dimethyltryptamine

25 Some trade or other names:

26 DMT

27 4-methyl-2, 5-dimethoxyamphetamine

28 Some trade and other names:

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1 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine

2 DOM, STP

3 4-methoxyamphetamine

4 Some trade or other names:

5 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;

6 PMA

7 Ibogaine

8 Some trade and other names:

9 7-Ethyl-6,6a,7,8,9,10,12,13

10 Octahydro-2-methoxy-6,9-methano-5H-

11 pyrido (1, 2:1, 2 azepino 4, 5-b) indole

12 tabernanthe iboga

13 Lysergic acid diethylamide

14 Marihuana, except as otherwise provided in subsection (2)

15 Mecloqualone

16 Mescaline

17 Peyote

18 N-ethyl-3 piperidyl benzilate

19 N-methyl-3 piperidyl benzilate

20 Psilocybin

21 Psilocyn

22 Thiophene analog of phencyclidine

23 Some trade or other names:

24 1-(1-(2-thienyl)cyclohexyl) piperidine)

25 2-thienyl analog of phencyclidine; TPCP

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1 (d) Except as provided in subsection (2), synthetic

2 equivalents of the substances contained in the plant, or in the

3 resinous extractives of cannabis and synthetic substances, deriv-

4 atives, and their isomers with similar chemical structure or

5 pharmacological activity, or both, such as the following, are

6 included in schedule 1:

7 (i) /\<UP1> cis or trans tetrahydrocannabinol, and their optical

8 isomers.

9 (ii) /\<UP6> cis or trans tetrahydrocannabinol, and their opti-

10 cal isomers.

11 (iii) /\<UP3>,<UP4>, cis or trans tetrahydrocannabinol, and their

12 optical isomers.

13 (e) Compounds of structures of substances referred to in

14 subdivision (d), regardless of numerical designation of atomic

15 positions, are included.

16 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of

17 isomer of gamma-hydroxybutyrate.

18 Some trade and other names:

19 Sodium oxybate

20 4-hydroxybutanoic acid monosodium salt

21 (G) ANY SUBSTANCE THAT CONTAINS ANY QUANTITY OF METHAMPHET-

22 AMINE, INCLUDING ITS SALTS, STEREOISOMERS, AND SALTS OF

23 STEREOISOMERS.

24 (2) Marihuana and the substances described in subsection (1)

25 (d) and (e) in schedule 1 shall be regulated as provided in

26 schedule 2, if they are dispensed in the manner provided in

27 sections 7335 and 7336.

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1 (3) For purposes of subsection (1), "isomer" includes the

2 optical, position, and geometric isomers.

3 Sec. 7214. The following controlled substances are included

4 in schedule 2:

5 (a) Any of the following substances, except those narcotic

6 drugs listed in other schedules, whether produced directly or

7 indirectly by extraction from substances of vegetable origin, or

8 independently by means of chemical synthesis, or by combination

9 of extraction and chemical synthesis:

10 (i) Opium and opiate, and any salt, compound, derivative, or

11 preparation of opium or opiate excluding nalaxone and its salts,

12 and excluding naltrexone and its salts, but including the

13 following:

15 Raw opium Etorphine hydrochloride

16 Opium extracts Hydrocodone

17 Opium Fluid-extracts Hydromorphone

18 Powdered opium Metopon

19 Granulated opium Morphine

20 Tincture of opium Oxycodone

21 Codeine Oxymorphone

22 Ethylmorphine Thebaine

23 (ii) A salt, compound, derivative, or preparation thereof

24 which is chemically equivalent to or identical with a substance

25 referred to in subdivision (a), except that these substances do

26 not include the isoquinoline alkaloids of opium.

27 (iii) Opium poppy, poppy straw, and concentrate of poppy

28 straw, the crude extract of poppy straw in either liquid, solid,

29 or powder form, which contains the phenanthrene alkaloids of the

30 opium poppy.

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1 (iv) Coca leaves and any salt, compound, derivative, or

2 preparation thereof which is chemically equivalent to or

3 identical with any of these substances, except that the sub-

4 stances do not include decocainized coca leaves or extraction of

5 coca leaves which extractions do not contain cocaine or

6 ecgonine. The substances include cocaine, its salts, stereoiso-

7 mers, and salts of stereoisomers when the existence of the salts,

8 stereoisomers, and salts of stereoisomers is possible within the

9 specific chemical designation.

10 (b) Any of the following opiates, including their isomers,

11 esters, ethers, salts, and salts of isomers, when the existence

12 of these isomers, esters, ethers, and salts is possible within

13 the specific chemical designation:

15 Alphaprodine Fentanyl

16 Anileridine Isomethadone

17 Bezitramide Levomethorphan

18 Dihydrocodeine Levorphanol

19 Diphenoxylate Metazocine

20 Methadone

21 Methadone-Intermediate, 4-cyano-2dimethylamino-4,

22 4-diphenyl butane

23 Moramide-Intermediate, 2-methyl-3-morpholino-1,

24 1-diphenylpropane-carboxylic acid

25 Pethidine

26 Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine

27 Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

28 Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-

29 4-carboxylic acid

30 Phenazocine Racemethorphan

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1 Piminodine Racemorphan

2 (c) Unless listed in another schedule, any material,

3 compound, mixture, or preparation which contains any quantity of

4 the following substances having potential for abuse associated

5 with a stimulant effect on the nervous system:

6 (i) Amphetamine, its salts, optical isomers, and salts of

7 its optical isomers.

8 (ii~~) Any substance which contains any quantity of metham-~~

9 ~~phetamine, including its salts, stereoisomers, and salts of~~

10 ~~stereoisomers.~~

11 (ii) (~~iii~~) Phenmetrazine and its salts.

12 (iii) (iv) Methylphenidate and its salts.

13 (d) Any material, compound, mixture, or preparation, includ-

14 ing its salts, isomers, and salts of isomers when the existence

15 of the salts, isomers, and salts of isomers is possible within

16 the specific chemical designation as listed in schedule 2, which

17 contains any quantity of the following substances having a poten-

18 tial for abuse associated with the depressant effect on the cen-

19 tral nervous system: methaqualone, amobarbital, pentobarbital,

20 or secobarbital; or, any compound, mixture, or preparation con-

21 taining amobarbital, secobarbital, pentobarbital, or any salt

22 thereof in combination with itself, with another, or with 1 or

23 more other controlled substances.

24 (e) Marihuana, but only for use as provided in sections 7335

25 and 7336.

26 Sec. 7401. (1) Except as authorized by this article, a

27 person shall not manufacture, create, deliver, or possess with

28 intent to manufacture, create, or deliver a controlled substance,

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1 a prescription form, an official prescription form, or a

2 counterfeit prescription form. A practitioner licensed by the

3 administrator under this article shall not dispense, prescribe,

4 or administer a controlled substance for other than legitimate

5 and professionally recognized therapeutic or scientific purposes

6 or outside the scope of practice of the practitioner, licensee,

7 or applicant.

8 (2) A person who violates this section as to:

9 (a) A controlled substance classified in schedule 1 or 2

10 that is a narcotic drug or a drug described in SECTION 7212(1)(G)

11 OR section 7214(a)(iv) and:

12 (i) Which is in an amount of 650 grams or more of any mix-

13 ture containing that substance is guilty of a felony punishable

14 by imprisonment for life or any term of years but not less than

15 20 years.

16 (ii) Which is in an amount of 225 grams or more, but less

17 than 650 grams, of any mixture containing that substance is

18 guilty of a felony and shall be imprisoned for not less than 20

19 years nor more than 30 years.

20 (iii) Which is in an amount of 50 grams or more, but less

21 than 225 grams, of any mixture containing that substance is

22 guilty of a felony and shall be imprisoned for not less than 10

23 years nor more than 20 years.

24 (iv) Which is in an amount less than 50 grams, of any mix-

25 ture containing that substance is guilty of a felony and shall be

26 imprisoned for not less than 1 year nor more than 20 years, and

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1 may be fined not more than $25,000.00, or placed on probation for

2 life.

3 (b) Any other controlled substance classified in schedule 1,

4 2, or 3, except marihuana is guilty of a felony punishable by

5 imprisonment for not more than 7 years or a fine of not more than

6 $10,000.00, or both.

7 (c) A substance classified in schedule 4 is guilty of a

8 felony punishable by imprisonment for not more than 4 years or a

9 fine of not more than $2,000.00, or both.

10 (d) Marihuana or a mixture containing marihuana is guilty of

11 a felony punishable as follows:

12 (i) If the amount is 45 kilograms or more, or 200 plants or

13 more, by imprisonment for not more than 15 years or a fine of not

14 more than $10,000,000.00, or both.

15 (ii) If the amount is 5 kilograms or more but less than 45

16 kilograms, or 20 plants or more but fewer than 200 plants, by

17 imprisonment for not more than 7 years or a fine of not more than

18 $500,000.00, or both.

19 (iii) If the amount is less than 5 kilograms or fewer than

20 20 plants, by imprisonment for not more than 4 years or a fine of

21 not more than $20,000.00, or both.

22 (e) A substance classified in schedule 5 is guilty of a

23 felony punishable by imprisonment for not more than 2 years or a

24 fine of not more than $2,000.00, or both.

25 (f) An official prescription form or a counterfeit official

26 prescription form is guilty of a felony punishable by

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1 imprisonment for not more than 20 years or a fine of not more

2 than $25,000.00, or both.

3 (g) A prescription form or a counterfeit prescription form

4 other than an official prescription form or a counterfeit offi-

5 cial prescription form is guilty of a felony punishable by

6 imprisonment for not more than 7 years or a fine of not more than

7 $5,000.00, or both.

8 (3) A term of imprisonment imposed ~~pursuant to~~ UNDER sub-

9 section (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv)

10 shall be imposed to run consecutively with any term of imprison-

11 ment imposed for the commission of another felony. An individual

12 subject to a mandatory term of imprisonment under subsection

13 (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) ~~shall~~ IS

14 not be eligible for probation, suspension of that sentence, or

15 parole during that mandatory term, except ~~and only~~ to the

16 extent that those provisions permit probation for life, and shall

17 not receive a reduction in that mandatory term of imprisonment by

18 disciplinary credits or any other type of sentence credit

19 reduction.

20 (4) The court may depart from the minimum term of imprison-

21 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if

22 the court finds on the record that there are substantial and com-

23 pelling reasons to do so. In addition, if any of the following

24 apply, the court may depart from the minimum term of imprisonment

25 authorized under subsection (2)(a)(ii), (iii), or (iv) if the

26 individual has not previously been convicted of a felony or an

27 assaultive crime and has not been convicted of another felony or

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1 assaultive crime arising from the same transaction as the

2 violation of this section:

3 (a) The person is within the jurisdiction of the circuit

4 court under section 606 of the revised judicature act of 1961,

5 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of THE

6 PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.4.

7 (b) The person is being sentenced under section 18(1)(n) of

8 chapter XIIA of THE PROBATE CODE OF 1939, 1939 PA 288, MCL

9 712A.18.

10 (5) As used in this section:

11 (a) "Assaultive crime" means a violation of ~~chapter XI~~

12 SECTIONS 81 TO 90 of the Michigan penal code, 1931 PA 328, MCL

13 750.81 to 750.90.

14 (b) "Plant" means a marihuana plant that has produced coty-

15 ledons or a cutting of a marihuana plant that has produced

16 cotyledons.

17 SEC. 7401B. (1) A PERSON SHALL NOT DO ANY OF THE

18 FOLLOWING:

19 (A) OWN, POSSESS, OR USE A BUILDING, STRUCTURE, PLACE, OR

20 AREA AS A LOCATION TO MANUFACTURE A CONTROLLED SUBSTANCE IN VIO-

21 LATION OF SECTION 7401.

22 (B) OWN OR POSSESS ANY CHEMICAL OR ANY LABORATORY EQUIPMENT

23 THAT HE OR SHE KNOWS OR HAS REASON TO KNOW IS TO BE USED FOR THE

24 PURPOSE OF MANUFACTURING A CONTROLLED SUBSTANCE IN VIOLATION OF

25 SECTION 7401.

26 (C) PROVIDE ANY CHEMICAL OR LABORATORY EQUIPMENT TO ANOTHER

27 PERSON KNOWING OR HAVING REASON TO KNOW THAT THE OTHER PERSON

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1 INTENDS TO USE THAT CHEMICAL OR LABORATORY EQUIPMENT FOR THE

2 PURPOSE OF MANUFACTURING A CONTROLLED SUBSTANCE IN VIOLATION OF

3 SECTION 7401.

4 (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY

5 PUNISHABLE AS FOLLOWS:

6 (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) TO (E), BY

7 IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A FINE OF NOT MORE

8 THAN $100,000.00, OR BOTH.

9 (B) IF THE VIOLATION IS COMMITTED IN THE PRESENCE OF A

10 MINOR, BY IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR A FINE OF

11 NOT MORE THAN $100,000.00, OR BOTH.

12 (C) IF THE VIOLATION INVOLVES THE UNLAWFUL GENERATION,

13 TREATMENT, STORAGE, OR DISPOSAL OF A HAZARDOUS WASTE, BY IMPRIS-

14 ONMENT FOR NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN

15 $100,000.00, OR BOTH.

16 (D) IF THE VIOLATION OCCURS WITHIN 500 FEET OF A RESIDENCE,

17 BUSINESS ESTABLISHMENT, SCHOOL PROPERTY, OR CHURCH OR OTHER HOUSE

18 OF WORSHIP, BY IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR A FINE

19 OF NOT MORE THAN $100,000.00, OR BOTH.

20 (E) IF THE VIOLATION INVOLVES THE POSSESSION, PLACEMENT, OR

21 USE OF A FIREARM OR ANY OTHER DEVICE DESIGNED OR INTENDED TO BE

22 USED TO INJURE ANOTHER PERSON, BY IMPRISONMENT FOR NOT MORE THAN

23 25 YEARS OR A FINE OF NOT MORE THAN $100,000.00, OR BOTH.

24 (3) SUBDIVISIONS (A) TO (D) OF SUBSECTION (2) DO NOT APPLY

25 TO A VIOLATION INVOLVING THE MANUFACTURING OF MARIHUANA ONLY.

26 (4) THIS SECTION DOES NOT PROHIBIT THE PERSON FROM BEING

27 CHARGED WITH, CONVICTED OF, OR PUNISHED FOR ANY OTHER VIOLATION

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1 OF LAW COMMITTED BY THAT PERSON WHILE VIOLATING OR ATTEMPTING TO

2 VIOLATE THIS SECTION.

3 (5) A TERM OF IMPRISONMENT IMPOSED UNDER THIS SECTION MAY BE

4 SERVED CONSECUTIVELY TO ANY OTHER TERM OF IMPRISONMENT IMPOSED

5 FOR A VIOLATION OF LAW ARISING OUT OF THE SAME TRANSACTION.

6 (6) THE COURT MAY, AS A CONDITION OF SENTENCE, ORDER A

7 PERSON CONVICTED OF A VIOLATION PUNISHABLE UNDER SUBSECTION

8 (4)(C) TO PAY RESPONSE ACTIVITY COSTS ARISING OUT OF THE

9 VIOLATION.

10 (7) AS USED IN THIS SECTION:

11 (A) "HAZARDOUS WASTE" MEANS THAT TERM AS DEFINED IN SECTION

12 11103 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT,

13 1994 PA 451, MCL 324.11103.

14 (B) "LABORATORY EQUIPMENT" MEANS ANY EQUIPMENT, DEVICE, OR

15 CONTAINER USED OR INTENDED TO BE USED IN THE PROCESS OF MANUFAC-

16 TURING A CONTROLLED SUBSTANCE.

17 (C) "MINOR" MEANS AN INDIVIDUAL LESS THAN 18 YEARS OF AGE.

18 (D) "RESPONSE ACTIVITY COSTS" MEANS THAT TERM AS DEFINED IN

19 SECTION 20101 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTEC-

20 TION ACT, 1994 PA 451, MCL 324.20101.

21 (E) "SCHOOL PROPERTY" MEANS THAT TERM AS DEFINED IN SECTION

22 7410.

23 (F) "VEHICLE" MEANS THAT TERM AS DEFINED IN SECTION 79 OF

24 THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.79.

25 Sec. 7402. (1) Except as authorized by this article, a

26 person shall not create, manufacture, deliver, or possess with

27 intent to deliver a counterfeit substance or a controlled

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1 substance analogue intended for human consumption. This section

2 does not apply to a person who manufactures or distributes a sub-

3 stance in conformance with the provisions of an approved new drug

4 application or an exemption for investigational use within the

5 meaning of section 505 of the federal food, drug, and cosmetic

6 act, 21 U.S.C. 355. For purposes of this section, section 505 of

7 the federal food, drug, and cosmetic act shall be applicable to

8 the introduction or delivery for introduction of any new drug

9 into intrastate, interstate, or foreign commerce.

10 (2) A person who violates this section as to:

11 (a) A counterfeit substance classified in schedule 1 or 2

12 which is either a narcotic drug or described in SECTION

13 7212(1)(G) OR section 7214(a)(iv), is guilty of a felony, punish-

14 able by imprisonment for not more than 10 years, or a fine of not

15 more than $10,000.00, or both.

16 (b) Any other counterfeit substance classified in schedule

17 1, 2, or 3, is guilty of a felony, punishable by imprisonment for

18 not more than 5 years, or a fine of not more than $5,000.00, or

19 both.

20 (c) A counterfeit substance classified in schedule 4, is

21 guilty of a felony, punishable by imprisonment for not more than

22 4 years, or a fine of not more than $2,000.00, or both.

23 (d) A counterfeit substance classified in schedule 5, is

24 guilty of a felony, punishable by imprisonment for not more than

25 2 years, or a fine of not more than $2,000.00, or both.

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1 (e) A controlled substance analogue, is guilty of a felony,

2 punishable by imprisonment for not more than 15 years, or a fine

3 of not more than $250,000.00, or both.

4 Sec. 7403. (1) A person shall not knowingly or intention-

5 ally possess a controlled substance, a controlled substance anal-

6 ogue, or an official prescription form or a prescription form

7 unless the controlled substance, controlled substance analogue,

8 official prescription form, or prescription form was obtained

9 directly from, or pursuant to, a valid prescription or order of a

10 practitioner while acting in the course of the practitioner's

11 professional practice, or except as otherwise authorized by this

12 article.

13 (2) A person who violates this section as to:

14 (a) A controlled substance classified in schedule 1 or 2

15 that is a narcotic drug or a drug described in SECTION 7212(1)(G)

16 OR section 7214(a)(iv), and:

17 (i) Which is in an amount of 650 grams or more of any mix-

18 ture containing that substance is guilty of a felony and shall be

19 imprisoned for life except as otherwise provided in this

20 subparagraph. A person convicted of violating this subparagraph

21 may be punished as provided by law by imposing a sentence of

22 imprisonment for any term of years but not less than 25 years if

23 any of the following apply:

24 (A) The person is within the jurisdiction of the circuit

25 court ~~or recorder's court of the city of Detroit~~ under

26 section 606 of the revised judicature act of 1961, ~~Act No. 236~~

27 ~~of the Public Acts of 1961, being section 600.606 of the Michigan~~

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1 ~~Compiled Laws~~ 1961 PA 236, MCL 600.606, OR section 4 of chapter

2 XIIA of ~~Act No. 288 of the Public Acts of 1939, being~~

3 ~~section 712A.4 of the Michigan Compiled Laws, or~~

4 ~~section 10a(1)(c) of Act No. 369 of the Public Acts of 1919,~~

5 ~~being section 725.10a of the Michigan Compiled Laws~~ THE PROBATE

6 CODE OF 1939, 1939 PA 288, MCL 712A.4.

7 (B) The person is being sentenced under section 18(1)(n) of

8 chapter XIIA of ~~Act No. 288 of the Public Acts of 1939, being~~

9 ~~section 712A.18 of the Michigan Compiled Laws~~ THE PROBATE CODE

10 OF 1939, 1939 PA 288, MCL 712A.18.

11 (ii) Which is in an amount of 225 grams or more, but less

12 than 650 grams, of any mixture containing that substance is

13 guilty of a felony and shall be imprisoned for not less than 20

14 years nor more than 30 years.

15 (iii) Which is in an amount of 50 grams or more, but less

16 than 225 grams, of any mixture containing that substance is

17 guilty of a felony and shall be imprisoned for not less than 10

18 years nor more than 20 years.

19 (iv) Which is in an amount of 25 grams or more, but less

20 than 50 grams of any mixture containing that substance is guilty

21 of a felony and shall be imprisoned for not less than 1 year and

22 not more than 4 years, and may be fined not more than $25,000.00

23 or placed on probation for life.

24 (v) Which is in an amount less than 25 grams of any mixture

25 containing that substance is guilty of a felony punishable by

26 imprisonment for not more than 4 years or a fine of not more than

27 $25,000.00, or both.

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1 (b) A controlled substance classified in schedule 1, 2, 3,

2 or 4, except a controlled substance for which a penalty is pre-

3 scribed in subdivision (a), (c), or (d), or a controlled sub-

4 stance analogue is guilty of a felony punishable by imprisonment

5 for not more than 2 years or a fine of not more than $2,000.00,

6 or both.

7 (c) Lysergic acid diethylamide, peyote, mescaline, dimethyl-

8 tryptamine, psilocyn, psilocybin, or a controlled substance clas-

9 sified in schedule 5, is guilty of a misdemeanor punishable by

10 imprisonment for not more than 1 year or a fine of not more than

11 $2,000.00, or both.

12 (d) Marihuana, is guilty of a misdemeanor punishable by

13 imprisonment for not more than 1 year or a fine of not more than

14 $2,000.00, or both.

15 (e) An official prescription form, is guilty of a felony

16 punishable by imprisonment for not more than 1 year or a fine of

17 not more than $2,000.00, or both.

18 (f) A prescription form other than an official prescription

19 form, is guilty of a misdemeanor punishable by imprisonment for

20 not more than 1 year or a fine of not more than $1,000.00, or

21 both.

22 (3) The court may depart from the minimum term of imprison-

23 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if

24 the court finds on the record that there are substantial and com-

25 pelling reasons to do so. In addition, if any of the following

26 apply, the court may depart from the minimum term of imprisonment

27 authorized under subsection (2)(a)(ii), (iii), or (iv) if the

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1 individual has not previously been convicted of a felony or an

2 assaultive crime and has not been convicted of another felony or

3 assaultive crime arising from the same transaction as the viola-

4 tion of this section:

5 (a) The person is within the jurisdiction of the circuit

6 court ~~or recorder's court of the city of Detroit~~ under

7 section 606 of the revised judicature act of 1961, ~~Act No. 236~~

8 ~~of the Public Acts of 1961, being section 600.606 of the Michigan~~

9 ~~Compiled Laws~~ 1961 PA 236, MCL 600.606, OR section 4 of chapter

10 XIIA of ~~Act No. 288 of the Public Acts of 1939, being~~

11 ~~section 712A.4 of the Michigan Compiled Laws, or~~

12 ~~section 10a(1)(c) of Act No. 369 of the Public Acts of 1919,~~

13 ~~being section 725.10a of the Michigan Compiled Laws~~ THE PROBATE

14 CODE OF 1939, 1939 PA 288, MCL 712A.4.

15 (b) The person is being sentenced under section 18(1)(n) of

16 chapter XIIA of ~~Act No. 288 of the Public Acts of 1939, being~~

17 ~~section 712A.18 of the Michigan Compiled Laws~~ THE PROBATE CODE

18 OF 1939, 1939 PA 288, MCL 712A.18.

19 (4) As used in subsection (3), "assaultive crime" means a

20 violation of ~~chapter XI~~ SECTIONS 81 TO 90 of the Michigan penal

21 code, ~~Act No. 328 of the Public Acts of 1931, being sections~~

22 ~~750.81 to 750.90 of the Michigan Compiled Laws~~ 1931 PA 328, MCL

23 750.81 TO 750.90.

24 Sec. 7404. (1) A person shall not use a controlled sub-

25 stance or controlled substance analogue unless the substance was

26 obtained directly from, or pursuant to, a valid prescription or

27 order of a practitioner while acting in the course of the

04224'99

1 practitioner's professional practice, or except as otherwise

2 authorized by this article.

3 (2) A person who violates this section as to:

4 (a) A controlled substance classified in schedule 1 or 2 is

5 a narcotic drug or a drug described in SECTION 7212(1)(G) OR sec-

6 tion 7214(a)(iv) is guilty of a misdemeanor punishable by impris-

7 onment for not more than 1 year, or a fine of not more than

8 $2,000.00, or both.

9 (b) A controlled substance classified in schedule 1, 2, 3,

10 or 4, except a controlled substance for which a penalty is pre-

11 scribed in subdivision (a), (c), or (d), or a controlled sub-

12 stance analogue is guilty of a misdemeanor, punishable by impris-

13 onment for not more than 1 year, or a fine of not more than

14 $1,000.00, or both.

15 (c) Lysergic acid diethylamide, peyote, mescaline, dimethyl-

16 tryptamine, psilocyn, psilocybin, or a controlled substance clas-

17 sified in schedule 5, is guilty of a misdemeanor, punishable by

18 imprisonment for not more than 6 months, or a fine of not more

19 than $500.00, or both.

20 (d) Marihuana, is guilty of a misdemeanor, punishable by

21 imprisonment for not more than 90 days, or a fine of not more

22 than $100.00, or both.

04224'99 Final page. TVD