HB-5650, As Passed House, May 26, 2016
May 12, 2016, Introduced by Reps. Singh, Pscholka, Schor, Forlini, Hughes, Lyons, Afendoulis, Glenn, Sheppard, Tedder, Crawford, Aaron Miller, Pagel, Inman, Muxlow, Irwin, Webber, Leutheuser, Wittenberg, Yonker, Kivela, Iden, Garcia, Heise, Maturen, Vaupel, Jenkins, Kelly, LaVoy, Durhal, Hoadley, Plawecki, LaGrand, Garrett, Guerra, Moss, Lucido, Poleski, Yanez, Greig, Cochran, Gay-Dagnogo, Banks, Byrd, Geiss, Hovey-Wright, Zemke, Driskell, Townsend, Faris and Lane and referred to the Committee on Criminal Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7404. (1) A person shall not use a controlled substance
or controlled substance analogue unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of the practitioner's
professional practice, or except as otherwise authorized by this
article.
(2) A person who violates this section as to:
(a) A controlled substance classified in schedule 1 or 2 as a
narcotic drug or a drug described in section 7212(1)(h) or
7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$2,000.00, or both.
(b) A controlled substance classified in schedule 1, 2, 3, or
4, except a controlled substance for which a penalty is prescribed
in subdivision (a), (c), or (d), or a controlled substance
analogue, is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $1,000.00, or both.
(c) Lysergic acid diethylamide, peyote, mescaline,
dimethyltryptamine, psilocyn, psilocybin, or a controlled substance
classified in schedule 5 is guilty of a misdemeanor punishable by
imprisonment for not more than 6 months or a fine of not more than
$500.00, or both.
(d) Marihuana, catha edulis, salvia divinorum, or a substance
described in section 7212(1)(i) is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not more than $100.00, or both.
(3) The following individuals are not in violation of this
section:
(a)
An individual who is less than 21 years of age and who
seeks medical assistance for himself or herself or who requires
medical assistance and is presented for assistance by another
individual if he or she is incapacitated because of a drug overdose
or other perceived medical emergency arising from the use of a
prescription
drug that is a controlled substance
or prescription
drug
that is a controlled substance
analogue that he or she
possesses or possessed in an amount sufficient only for personal
use and the evidence of his or her violation of this section is
obtained as a result of the individual's seeking or being presented
for medical assistance.
(b)
An individual who is less than 21 years of age and who in
good faith attempts to procure medical assistance for another
individual or who accompanies another individual who requires
medical assistance for a drug overdose or other perceived medical
emergency
arising from the use of a prescription drug that is a
controlled
substance or a prescription drug that is a controlled
substance analogue that he or she possesses or possessed in an
amount sufficient only for personal use and the evidence of his or
her violation of this section is obtained as a result of the
individual's attempting to procure medical assistance for another
individual or as a result of the individual's accompanying another
individual who requires medical assistance to a health facility or
agency.
(4) A health facility or agency shall develop a process for
notification of the parent or parents, guardian, or custodian of a
minor under the age of 18 who is not emancipated under 1968 PA 293,
MCL 722.1 to 722.6, and who voluntarily presents himself or
herself, or is presented by another individual if he or she is
incapacitated, to a health facility or agency for emergency medical
treatment as provided in subsection (3). A health facility or
agency shall not provide notification to a parent or parents,
guardian, or custodian under this subsection for nonemergency
treatment without obtaining the minor's consent.
(5) The exemption from prosecution under this section provided
in subsection (3) shall not prevent the investigation, arrest,
charging, or prosecution of an individual for any other violation
of the laws of this state, or be grounds for suppression of
evidence in the prosecution of any other criminal charges.
(6) As used in this section:
(a) "Drug overdose" means a condition including, but not
limited to, extreme physical illness, decreased level of
consciousness, respiratory depression, coma, mania, or death, that
is the result of consumption or use of a controlled substance or a
controlled substance analogue or a substance with which the
controlled substance or controlled substance analogue was combined,
or that a layperson would reasonably believe to be a drug overdose
that requires medical assistance.
(b) "Seeks medical assistance" includes, but is not limited
to, reporting a drug overdose or other medical emergency to law
enforcement, the 9-1-1 system, a poison control center, or a
medical provider, or assisting someone in reporting a drug overdose
or other medical emergency.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5649 (request no.
04936'16) of the 98th Legislature is enacted into law.