April 22, 2015, Introduced by Reps. Lucido and Kesto and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7521. (1) The following property is subject to
forfeiture:
(a) A prescription form, controlled substance, an imitation
controlled substance, a controlled substance analogue, or other
drug that has been manufactured, distributed, dispensed, used,
possessed, or acquired in violation of this article.
(b) A raw material, product, or equipment of any kind that is
used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting a controlled
substance, a controlled substance analogue, or other drug in
violation of this article; or a raw material, product, or equipment
of any kind that is intended for use in manufacturing, compounding,
processing, delivering, importing, or exporting an imitation
controlled substance in violation of section 7341.
(c) Property that is used, or intended for use, as a container
for property described in subdivision (a) or (b).
(d) Except as provided in subparagraphs (i) to (iv), a
conveyance, including an aircraft, vehicle, or vessel used or
intended for use, to transport, or in any manner to facilitate the
transportation, for the purpose of sale or receipt of property
described in subdivision (a) or (b):
(i) A conveyance used by a person as a common carrier in the
transaction of business as a common carrier is not subject to
forfeiture unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a
violation of this article.
(ii) A conveyance is not subject to forfeiture by reason of
any act or omission established by the owner of that conveyance to
have been committed or omitted without the owner's knowledge or
consent.
(iii) A conveyance is not subject to forfeiture for a
violation of section 7403(2)(c) or (d), section 7404, or section
7341(4).
(iv) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured party
who neither had knowledge of nor consented to the act or omission.
(e) Books, records, and research products and materials,
including formulas, microfilm, tapes, and data used, or intended
for use, in violation of this article.
(f) Any thing of value that is furnished or intended to be
furnished in exchange for a controlled substance, an imitation
controlled substance, or other drug in violation of this article
that is traceable to an exchange for a controlled substance, an
imitation controlled substance, or other drug in violation of this
article or that is used or intended to be used to facilitate any
violation of this article including, but not limited to, money,
negotiable instruments, or securities. To the extent of the
interest of an owner, a thing of value is not subject to forfeiture
under this subdivision by reason of any act or omission that is
established by the owner of the item to have been committed or
omitted without the owner's knowledge or consent. Any money that is
found in close proximity to any property that is subject to
forfeiture under subdivision (a), (b), (c), (d), or (e) is presumed
to be subject to forfeiture under this subdivision. This
presumption may be rebutted by clear and convincing evidence.
(g) Any other drug paraphernalia not described in subdivision
(b) or (c).
(2) The plaintiff in an action under this article has the
burden of proving a violation of this article by clear and
convincing evidence.
(3) (2)
As used in this section,
"imitation controlled
substance" means that term as defined in section 7341.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.