HB-5650, As Passed Senate, September 8, 2016

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5650

     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) 7212(1)(d) or (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 does 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, means 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 House Bill No. 5649 of the 98th Legislature is enacted into

law.