May 12, 2016, Introduced by Reps. Pscholka, Singh, Schor, Forlini, Hughes, Lyons, Afendoulis, Glenn, Sheppard, Tedder, Crawford, Aaron Miller, Pagel, Inman, Muxlow, Irwin, Webber, Leutheuser, Wittenberg, Yonker, Kivela, Garcia, Iden, Heise, Maturen, Vaupel, Jenkins, Kelly, LaVoy, Durhal, Hoadley, Plawecki, LaGrand, Garrett, 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 7403 (MCL 333.7403), as amended by 2015 PA 220.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7403. (1) A person shall not knowingly or intentionally
possess a controlled substance, a controlled substance analogue, or
a prescription form unless the controlled substance, controlled
substance analogue, or prescription form 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 that
is a narcotic drug or a drug described in section 7214(a)(iv), and:
(i) Which That is in an amount of
1,000 grams or more of any
mixture containing that substance is guilty of a felony punishable
by imprisonment for life or any term of years or a fine of not more
than $1,000,000.00, or both.
(ii) Which That is in an amount of 450
grams or more, but less
than 1,000 grams, of any mixture containing that substance is
guilty of a felony punishable by imprisonment for not more than 30
years or a fine of not more than $500,000.00, or both.
(iii) Which That is in an amount of 50
grams or more, but less
than 450 grams, of any mixture containing that substance is guilty
of a felony punishable by imprisonment for not more than 20 years
or a fine of not more than $250,000.00, or both.
(iv) Which is in an amount of 25 grams or more, but less than
50 grams of any mixture containing that substance is guilty of a
felony punishable by imprisonment for not more than 4 years or a
fine of not more than $25,000.00, or both.
(v) Which That is in an amount less
than 25 grams of any
mixture containing that substance is guilty of a felony punishable
by imprisonment for not more than 4 years or a fine of not more
than $25,000.00, or both.
(b) Either of the following:
(i) A substance described in section 7212(1)(h) or 7214(c)(ii)
is guilty of a felony punishable by imprisonment for not more than
10 years or a fine of not more than $15,000.00, or both.
(ii) A controlled substance classified in schedule 1, 2, 3, or
4, except a controlled substance for which a penalty is prescribed
in subparagraph (i) or subdivision (a), (c), or (d), or a
controlled substance analogue is guilty of a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$2,000.00, 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 1 year or a fine of not more than
$2,000.00, or both.
(d) Marihuana 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.
(e) A prescription form 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.
(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 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 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) If an individual was sentenced to lifetime probation under
subsection (2)(a)(iv) as it existed before March 1, 2003 and the
individual has served 5 or more years of that probationary period,
the probation officer for that individual may recommend to the
court that the court discharge the individual from probation. If an
individual's probation officer does not recommend discharge as
provided in this subsection, with notice to the prosecutor, the
individual may petition the court seeking resentencing under the
court rules. The court may discharge an individual from probation
as provided in this subsection. An individual may file more than 1
motion seeking resentencing under this subsection.
(7) 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. 5650 (request no.
05888'16) of the 98th Legislature is enacted into law.