Senate Introduced Bill B00344

SENATE BILL No. 344

March 20, 2001, Introduced by Senator BYRUM and referred to the Committee on

Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7212 and 7401 (MCL 333.7212 and 333.7401),

section 7212 as amended by 1998 PA 248 and section 7401 as

amended by 2000 PA 314.

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

6 isomers, esters, ethers, and salts is possible within the spe-

7 cific chemical designation:

8 Acetylmethadol Difenoxin Noracymethadol

9 Allylprodine Dimenoxadol Norlevorphanol

03443'01 DAM

1 Alpha-acetylmethadol Dimepheptanol Normethadone

2 Alphameprodine Dimethylthiambutene Norpipanone

3 Alphamethadol Dioxaphetyl butyrate Phenadoxone

4 Benzethidine Dipipanone Phenampromide

5 Betacetylmethadol Ethylmethylthiambutene Phenomorphan

6 Betameprodine Etonitazene Phenoperidine

7 Betamethadol Etoxeridine Piritramide

8 Betaprodine Furethidine Proheptazine

9 Clonitazene Hydroxypethidine Properidine

10 Dextromoramide Ketobemidone Propiram

11 Diampromide Levomoramide Racemoramide

12 Diethylthiambutene Levophenacylmorphan Trimeperidine

13 Morpheridine

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

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

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

18 possible within the specific chemical designation:

20 Acetorphine Drotebanol Morphine-N-Oxide

21 Acetyldihydrocodeine Etorphine Myrophine

22 Benzylmorphine Heroin Nicocodeine

23 Codeine methylbromide Hydromorphinol Nicomorphine

24 Codeine-N-Oxide Methyldesorphine Normorphine

25 Cyprenorphine Methyldihydromorphine Pholcodine

26 Desomorphine Morphine methylbromide Thebacon

27 Dihydromorphine Morphine methylsulfonate

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

30 contains any quantity of the following hallucinogenic substances,

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

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

33 of isomers is possible within the specific chemical designation:

35 2-Methylamino-1-phenylpropan-1-one

36 Some trade and other names:

37 Methcathinone

38 Cat

39 Ephedrone

40 3, 4-methylenedioxy amphetamine

03443'01

1 5-methoxy-3, 4-methylenedioxy

2 amphetamine

3 3, 4, 5-trimethoxy amphetamine

4 Bufotenine

5 Some trade and other names:

6 3-(B-dimethylaminoethyl)-5 hydrozyindole

7 3-(2-dimethylaminoethyl)-5 indolol

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

9 Mappine

10 2, 5-Dimethoxyamphetamine

11 Some trade or other names:

12 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA

13 4-Bromo-2, 5-Dimethoxyamphetamine

14 Some trade or other names:

15 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo

16 2,5-DMA

17 Diethyltryptamine

18 Some trade and other names:

19 N,N-Diethyltryptamine; DET

20 Dimethyltryptamine

21 Some trade or other names:

22 DMT

23 4-methyl-2, 5-dimethoxyamphetamine

24 Some trade and other names:

25 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine

26 DOM, STP

03443'01

1 4-methoxyamphetamine

2 Some trade or other names:

3 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;

4 PMA

5 Ibogaine

6 Some trade and other names:

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

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

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

10 tabernanthe iboga

11 Lysergic acid diethylamide

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

13 Mecloqualone

14 Mescaline

15 Peyote

16 N-ethyl-3 piperidyl benzilate

17 N-methyl-3 piperidyl benzilate

18 Psilocybin

19 Psilocyn

20 Thiophene analog of phencyclidine

21 Some trade or other names:

22 1-(1-(2-thienyl)cyclohexyl) piperidine)

23 2-thienyl analog of phencyclidine; TPCP

25 (d) Except as provided in subsection (2), synthetic equiva-

26 lents of the substances contained in the plant, or in the

27 resinous extractives of cannabis and synthetic substances,

03443'01

1 derivatives, and their isomers with similar chemical structure or

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

3 included in schedule 1:

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

5 isomers.

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

7 cal isomers.

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

9 optical isomers.

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

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

12 positions, are included.

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

14 isomer of gamma-hydroxybutyrate.

15 Some trade and other names:

16 Sodium oxybate

17 4-hydroxybutanoic acid monosodium salt

18 (G) CIGARETTES WITH A NICOTINE CONTENT OF MAINSTREAM SMOKE

19 OF 5 OR MORE MILLIGRAMS OF NICOTINE PER GRAM OF BURNT TOBACCO.

20 AS USED IN THIS SUBDIVISION, "CIGARETTES" MEANS ROLLS FOR SMOKING

21 MADE WHOLLY OR IN PART OF TOBACCO, IRRESPECTIVE OF SIZE OR SHAPE

22 AND IRRESPECTIVE OF THE TOBACCO BEING FLAVORED, ADULTERATED, OR

23 MIXED WITH ANY OTHER INGREDIENT, THAT HAVE WRAPPERS OR COVERS

24 MADE OF PAPER OR ANY OTHER MATERIAL. CIGARETTES INCLUDE, BUT ARE

25 NOT LIMITED TO, BIDIS CIGARETTES. CIGARETTES DO NOT INCLUDE

26 CIGARS.

03443'01

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

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

3 schedule 2, if they are dispensed in the manner provided in sec-

4 tions 7335 and 7336.

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

6 optical, position, and geometric isomers.

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

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

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

10 a prescription form, an official prescription form, or a counter-

11 feit prescription form. A practitioner licensed by the adminis-

12 trator under this article shall not dispense, prescribe, or

13 administer a controlled substance for other than legitimate and

14 professionally recognized therapeutic or scientific purposes or

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

16 applicant.

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

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

19 that is a narcotic drug or a drug described in section

20 7214(a)(iv) and:

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

22 ture containing that substance is guilty of a felony punishable

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

24 20 years.

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

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

03443'01

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

2 years nor more than 30 years.

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

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

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

6 years nor more than 20 years.

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

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

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

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

11 life.

12 (b) Either of the following:

13 (i) A substance described in section 7214(c)(ii) is guilty

14 of a felony punishable by imprisonment for not more than 20 years

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

16 (ii) Any other controlled substance classified in schedule

17 1, 2, or 3, except marihuana OR CIGARETTES, is guilty of a felony

18 punishable by imprisonment for not more than 7 years or a fine of

19 not more than $10,000.00, or both.

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

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

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

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

24 a felony punishable as follows:

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

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

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

03443'01

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

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

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

4 $500,000.00, or both.

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

6 20 plants, by imprisonment for not more than 4 years or a fine of

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

8 (E) CIGARETTES WITH A NICOTINE CONTENT OF MAINSTREAM SMOKE

9 OF 5 OR MORE MILLIGRAMS OF NICOTINE PER GRAM OF BURNT TOBACCO IS

10 GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE

11 THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

12 (F) ~~(e)~~ A substance classified in schedule 5 is guilty of

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

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

15 (G) ~~(f)~~ An official prescription form or a counterfeit

16 official prescription form is guilty of a felony punishable by

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

18 than $25,000.00, or both.

19 (H) ~~(g)~~ A prescription form or a counterfeit prescription

20 form other than an official prescription form or a counterfeit

21 official prescription form is guilty of a felony punishable by

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

23 $5,000.00, or both.

24 (3) A term of imprisonment imposed under subsection (2)(a)

25 or section 7403(2)(a)(i), (ii), (iii), or (iv) shall be imposed

26 to run consecutively with any term of imprisonment imposed for

27 the commission of another felony. An individual subject to a

03443'01

1 mandatory term of imprisonment under subsection (2)(a) or section

2 7403(2)(a)(i), (ii), (iii), or (iv) is not eligible for proba-

3 tion, suspension of that sentence, or parole during that manda-

4 tory term, except to the extent that those provisions permit pro-

5 bation for life, and shall not receive a reduction in that manda-

6 tory term of imprisonment by disciplinary credits or any other

7 type of sentence credit reduction.

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

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

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

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

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

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

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

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

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

17 tion of this section:

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

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

20 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of the

21 probate code of 1939, 1939 PA 288, MCL 712A.4.

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

23 chapter XIIA of the probate code of 1939, 1939 PA 288,

24 MCL 712A.18.

25 (5) As used in this section:

03443'01

1 (a) "Assaultive crime" means a violation of sections 81 to

2 90 of the Michigan penal code, 1931 PA 328, MCL 750.81 to

3 750.90.

4 (B) "CIGARETTES" MEANS THAT TERM AS DEFINED IN SECTION

5 7212(1)(G).

6 (C) ~~(b)~~ "Plant" means a marihuana plant that has produced

7 cotyledons or a cutting of a marihuana plant that has produced

8 cotyledons.

03443'01 Final page. DAM