HOUSE BILL No. 6095 May 21, 2002, Introduced by Reps. Faunce, Meyer, Kowall, Tabor, Shackleton, Hager, Julian, Gilbert, Rocca, Patterson, LaSata, Kuipers, Vander Roest, Middaugh, Caul, Vander Veen and Howell and referred to the Committee on Criminal Justice. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7214, 7401, 7402, 7403, and 7404 (MCL 333.7214, 333.7401, 333.7402, 333.7403, and 333.7404), section 7214 as amended by 1982 PA 352, sections 7401 and 7403 as amended by 2001 PA 236, and sections 7402 and 7404 as amended by 2000 PA 314. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7214. The following controlled substances are included 2 in schedule 2: 3 (a) Any of the following substances, except those narcotic 4 drugs listed in other schedules, whether produced directly or 5 indirectly by extraction from substances of vegetable origin, or 6 independently by means of chemical synthesis, or by combination 7 of extraction and chemical synthesis: 05124'01 TVD 2 1 (i) Opium and opiate, and any salt, compound, derivative, or 2 preparation of opium or opiate excluding nalaxone and its salts, 3 and excluding naltrexone and its salts, but including the 4 following: 5 6 Raw opium Etorphine hydrochloride 7 Opium extracts Hydrocodone 8 Opium Fluid-extracts Hydromorphone 9 Powdered opium Metopon 10 Granulated opium Morphine 11 Tincture of opium Oxycodone 12 Codeine Oxymorphone 13 Ethylmorphine Thebaine 14 (ii) A salt, compound, derivative, or preparation thereof 15 which is chemically equivalent to or identical with a substance 16 referred to in subdivision (a), except that these substances do 17 not include the isoquinoline alkaloids of opium. 18 (iii) Opium poppy, poppy straw, and concentrate of poppy 19 straw, the crude extract of poppy straw in either liquid, solid, 20 or powder form, which contains the phenanthrene alkaloids of the 21 opium poppy. 22 (iv) Coca leaves and any salt, compound, derivative, or 23 preparation thereof which is chemically equivalent to or identi- 24 cal with any of these substances, except that the substances do 25 not include decocainized coca leaves or extraction of coca leaves 26 which extractions do not contain cocaine or ecgonine. The sub- 27 stances include cocaine, its salts, stereoisomers, and salts of 28 stereoisomers when the existence of the salts, stereoisomers, and 29 salts of stereoisomers is possible within the specific chemical 30 designation. 05124'01 3 1 (b) Any of the following opiates, including their isomers, 2 esters, ethers, salts, and salts of isomers, when the existence 3 of these isomers, esters, ethers, and salts is possible within 4 the specific chemical designation: 5 6 Alphaprodine Fentanyl 7 Anileridine Isomethadone 8 Bezitramide Levomethorphan 9 Dihydrocodeine Levorphanol 10 Diphenoxylate Metazocine 11 Methadone 12 Methadone-Intermediate, 4-cyano-2dimethylamino-4, 13 4-diphenyl butane 14 Moramide-Intermediate, 2-methyl-3-morpholino-1, 15 1-diphenylpropane-carboxylic acid 16 Pethidine 17 Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine 18 Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate 19 Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine- 20 4-carboxylic acid 21 Phenazocine Racemethorphan 22 Piminodine Racemorphan 23 (c) Unless listed in another schedule, any material, com- 24 pound, mixture, or preparation which contains any quantity of the 25 following substances having potential for abuse associated with a 26 stimulant effect on the nervous system: 27 (i) Amphetamine, its salts, optical isomers, and salts of 28 its optical isomers. 29 (ii) Any substance which contains any quantity of metham- 30 phetamine, including its salts, stereoisomers, and salts of 31 stereoisomers. 32 (iii) Phenmetrazine and its salts. 33 (iv) Methylphenidate and its salts. 34 (d) Any material, compound, mixture, or preparation, 35 including its salts, isomers, and salts of isomers when the 36 existence of the salts, isomers, and salts of isomers is possible 05124'01 4 1 within the specific chemical designation as listed in schedule 2, 2 which contains any quantity of the following substances having a 3 potential for abuse associated with the depressant effect on the 4 central nervous system: methaqualone, amobarbital, pentobarbi- 5 tal, or secobarbital; or, any compound, mixture, or preparation 6 containing amobarbital, secobarbital, pentobarbital, or any salt 7 thereof in combination with itself, with another, or with 1 or 8 more other controlled substances. 9 (e) Marihuana, but only for use as provided in sections 7335 10 and 7336. 11 (F) 3,4-METHYLENEDIOXYMETHAMPHETAMINE. 12 SOME TRADE AND OTHER NAMES: 13 ECSTASY 14 MDMA 15 Sec. 7401. (1) Except as authorized by this article, a 16 person shall not manufacture, create, deliver, or possess with 17 intent to manufacture, create, or deliver a controlled substance, 18 a prescription form, or a counterfeit prescription form. A prac- 19 titioner licensed by the administrator under this article shall 20 not dispense, prescribe, or administer a controlled substance for 21 other than legitimate and professionally recognized therapeutic 22 or scientific purposes or outside the scope of practice of the 23 practitioner, licensee, or applicant. 24 (2) A person who violates this section as to: 25 (a) A controlled substance classified in schedule 1 or 2 26 that is a narcotic drug or a drug described in section 27 7214(a)(iv) and: 05124'01 5 1 (i) Which is in an amount of 650 grams or more of any 2 mixture containing that substance is guilty of a felony punish- 3 able by imprisonment for life or any term of years but not less 4 than 20 years. 5 (ii) Which is in an amount of 225 grams or more, but less 6 than 650 grams, of any mixture containing that substance is 7 guilty of a felony and shall be imprisoned for not less than 20 8 years nor more than 30 years. 9 (iii) Which is in an amount of 50 grams or more, but less 10 than 225 grams, of any mixture containing that substance is 11 guilty of a felony and shall be imprisoned for not less than 10 12 years nor more than 20 years. 13 (iv) Which is in an amount less than 50 grams, of any mix- 14 ture containing that substance is guilty of a felony and shall be 15 imprisoned for not less than 1 year nor more than 20 years, and 16 may be fined not more than $25,000.00, or placed on probation for 17 life. 18 (b) Either of the following: 19 (i) A substance described in section 7214(c)(ii) OR (F) is 20 guilty of a felony punishable by imprisonment for not more than 21 20 years or a fine of not more than $25,000.00, or both. 22 (ii) Any other controlled substance classified in schedule 23 1, 2, or 3, except marihuana is guilty of a felony punishable by 24 imprisonment for not more than 7 years or a fine of not more than 25 $10,000.00, or both. 05124'01 6 1 (c) A substance classified in schedule 4 is guilty of a 2 felony punishable by imprisonment for not more than 4 years or a 3 fine of not more than $2,000.00, or both. 4 (d) Marihuana or a mixture containing marihuana is guilty of 5 a felony punishable as follows: 6 (i) If the amount is 45 kilograms or more, or 200 plants or 7 more, by imprisonment for not more than 15 years or a fine of not 8 more than $10,000,000.00, or both. 9 (ii) If the amount is 5 kilograms or more but less than 45 10 kilograms, or 20 plants or more but fewer than 200 plants, by 11 imprisonment for not more than 7 years or a fine of not more than 12 $500,000.00, or both. 13 (iii) If the amount is less than 5 kilograms or fewer than 14 20 plants, by imprisonment for not more than 4 years or a fine of 15 not more than $20,000.00, or both. 16 (e) A substance classified in schedule 5 is guilty of a 17 felony punishable by imprisonment for not more than 2 years or a 18 fine of not more than $2,000.00, or both. 19 (f) A prescription form or a counterfeit prescription form 20 is guilty of a felony punishable by imprisonment for not more 21 than 7 years or a fine of not more than $5,000.00, or both. 22 (3) A term of imprisonment imposed under subsection (2)(a) 23 or section 7403(2)(a)(i), (ii), (iii), or (iv) shall be imposed 24 to run consecutively with any term of imprisonment imposed for 25 the commission of another felony. An individual subject to a 26 mandatory term of imprisonment under subsection (2)(a) or section 27 7403(2)(a)(i), (ii), (iii), or (iv) is not eligible for 05124'01 7 1 probation, suspension of that sentence, or parole during that 2 mandatory term, except to the extent that those provisions permit 3 probation for life, and shall not receive a reduction in that 4 mandatory term of imprisonment by disciplinary credits or any 5 other type of sentence credit reduction. 6 (4) The court may depart from the minimum term of imprison- 7 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if 8 the court finds on the record that there are substantial and com- 9 pelling reasons to do so. In addition, if any of the following 10 apply, the court may depart from the minimum term of imprisonment 11 authorized under subsection (2)(a)(ii), (iii), or (iv) if the 12 individual has not previously been convicted of a felony or an 13 assaultive crime and has not been convicted of another felony or 14 assaultive crime arising from the same transaction as the viola- 15 tion of this section: 16 (a) The person is within the jurisdiction of the circuit 17 court under section 606 of the revised judicature act of 1961, 18 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of the 19 probate code of 1939, 1939 PA 288, MCL 712A.4. 20 (b) The person is being sentenced under section 18(1)(n) of 21 chapter XIIA of the probate code of 1939, 1939 PA 288, 22 MCL 712A.18. 23 (5) As used in this section: 24 (a) "Assaultive crime" means a violation of sections 81 to 25 90 of the Michigan penal code, 1931 PA 328, MCL 750.81 to 26 750.90. 05124'01 8 1 (b) "Plant" means a marihuana plant that has produced 2 cotyledons or a cutting of a marihuana plant that has produced 3 cotyledons. 4 Sec. 7402. (1) Except as authorized by this article, a 5 person shall not create, manufacture, deliver, or possess with 6 intent to deliver a counterfeit substance or a controlled sub- 7 stance analogue intended for human consumption. This section 8 does not apply to a person who manufactures or distributes a sub- 9 stance in conformance with the provisions of an approved new drug 10 application or an exemption for investigational use within the 11 meaning of section 505 of the federal food, drug, and cosmetic 12 act, 21 U.S.C. 355. For purposes of this section, section 505 of 13 the federal food, drug, and cosmetic act shall be applicable to 14 the introduction or delivery for introduction of any new drug 15 into intrastate, interstate, or foreign commerce. 16 (2) A person who violates this section as to: 17 (a) A counterfeit substance classified in schedule 1 or 2 18 which is either a narcotic drug or A DRUG described in section 19 7214(a)(iv),or(c)(ii), OR (F), is guilty of a felony,pun- 20 ishable by imprisonment for not more than 10 years,or a fine 21 of not more than $10,000.00, or both. 22 (b) Any other counterfeit substance classified in schedule 23 1, 2, or 3, is guilty of a felony,punishable by imprisonment 24 for not more than 5 years,or a fine of not more than 25 $5,000.00, or both. 05124'01 9 1 (c) A counterfeit substance classified in schedule 4, is 2 guilty of a felony,punishable by imprisonment for not more 3 than 4 years,or a fine of not more than $2,000.00, or both. 4 (d) A counterfeit substance classified in schedule 5, is 5 guilty of a felony,punishable by imprisonment for not more 6 than 2 years,or a fine of not more than $2,000.00, or both. 7 (e) A controlled substance analogue, is guilty of a felony 8,punishable by imprisonment for not more than 15 years,or 9 a fine of not more than $250,000.00, or both. 10 Sec. 7403. (1) A person shall not knowingly or intention- 11 ally possess a controlled substance, a controlled substance anal- 12 ogue, or a prescription form unless the controlled substance, 13 controlled substance analogue, or prescription form was obtained 14 directly from, or pursuant to, a valid prescription or order of a 15 practitioner while acting in the course of the practitioner's 16 professional practice, or except as otherwise authorized by this 17 article. 18 (2) A person who violates this section as to: 19 (a) A controlled substance classified in schedule 1 or 2 20 that is a narcotic drug or a drug described in section 21 7214(a)(iv), and: 22 (i) Which is in an amount of 650 grams or more of any mix- 23 ture containing that substance is guilty of a felony and shall be 24 imprisoned for life except as otherwise provided in this 25 subparagraph. A person convicted of violating this subparagraph 26 may be punished as provided by law by imposing a sentence of 05124'01 10 1 imprisonment for any term of years but not less than 25 years if 2 any of the following apply: 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, 9 MCL 712A.18. 10 (ii) Which is in an amount of 225 grams or more, but less 11 than 650 grams, of any mixture containing that substance is 12 guilty of a felony and shall be imprisoned for not less than 20 13 years nor more than 30 years. 14 (iii) Which is in an amount of 50 grams or more, but less 15 than 225 grams, of any mixture containing that substance is 16 guilty of a felony and shall be imprisoned for not less than 10 17 years nor more than 20 years. 18 (iv) Which is in an amount of 25 grams or more, but less 19 than 50 grams of any mixture containing that substance is guilty 20 of a felony and shall be imprisoned for not less than 1 year and 21 not more than 4 years, and may be fined not more than $25,000.00 22 or placed on probation for life. 23 (v) Which is in an amount less than 25 grams of any mixture 24 containing that substance is guilty of a felony punishable by 25 imprisonment for not more than 4 years or a fine of not more than 26 $25,000.00, or both. 05124'01 11 1 (b) Either of the following: 2 (i) A substance described in section 7214(c)(ii) OR (F) is 3 guilty of a felony punishable by imprisonment for not more than 4 10 years or a fine of not more than $15,000.00, or both. 5 (ii) A controlled substance classified in schedule 1, 2, 3, 6 or 4, except a controlled substance for which a penalty is pre- 7 scribed in subdivision (a), (b)(i), (c), or (d), or a controlled 8 substance analogue is guilty of a felony punishable by imprison- 9 ment for not more than 2 years or a fine of not more than 10 $2,000.00, or both. 11 (c) Lysergic acid diethylamide, peyote, mescaline, dimethyl- 12 tryptamine, psilocyn, psilocybin, or a controlled substance clas- 13 sified in schedule 5 is guilty of a misdemeanor punishable by 14 imprisonment for not more than 1 year or a fine of not more than 15 $2,000.00, or both. 16 (d) Marihuana is guilty of a misdemeanor punishable by 17 imprisonment for not more than 1 year or a fine of not more than 18 $2,000.00, or both. 19 (e) A prescription form is guilty of a misdemeanor punish- 20 able by imprisonment for not more than 1 year or a fine of not 21 more than $1,000.00, or 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 05124'01 12 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 under section 606 of the revised judicature act of 1961, 7 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of the 8 probate code of 1939, 1939 PA 288, MCL 712A.4. 9 (b) The person is being sentenced under section 18(1)(n) of 10 chapter XIIA of the probate code of 1939, 1939 PA 288, 11 MCL 712A.18. 12 (4) As used in subsection (3), "assaultive crime" means a 13 violation of sections 81 to 90 of the Michigan penal code, 1931 14 PA 328, MCL 750.81 to 750.90. 15 Sec. 7404. (1) A person shall not use a controlled sub- 16 stance or controlled substance analogue unless the substance was 17 obtained directly from, or pursuant to, a valid prescription or 18 order of a practitioner while acting in the course of the 19 practitioner's professional practice, or except as otherwise 20 authorized by this article. 21 (2) A person who violates this section as to: 22 (a) A controlled substance classified in schedule 1 or 2 23isAS a narcotic drug or a drug described in section 24 7214(a)(iv),or(c)(ii), OR (F), is guilty of a misdemeanor 25 punishable by imprisonment for not more than 1 year,or a fine 26 of not more than $2,000.00, or both. 05124'01 13 1 (b) A controlled substance classified in schedule 1, 2, 3, 2 or 4, except a controlled substance for which a penalty is 3 prescribed in subdivision (a), (c), or (d), or a controlled sub- 4 stance analogue, is guilty of a misdemeanor,punishable by 5 imprisonment for not more than 1 year,or a fine of not more 6 than $1,000.00, 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 10 by imprisonment for not more than 6 months,or a fine of not 11 more than $500.00, or both. 12 (d) Marihuana, is guilty of a misdemeanor,punishable by 13 imprisonment for not more than 90 days,or a fine of not more 14 than $100.00, or both. 05124'01 Final page. 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