PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.7413 Conviction of second or subsequent violation; penalty.
(1) Except as otherwise provided in subsection (2) an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not more than twice that otherwise authorized, or both.
(2) An individual convicted of a second or subsequent offense under section 7410(2) or (3) must be punished, subject to subsection (3), by a term of imprisonment of not less than 5 years nor more than twice that authorized under section 7410(2) or (3) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7410(2) or (3); and is not eligible for probation or suspension of sentence during the term of imprisonment.
(3) The court may depart from the minimum term of imprisonment authorized under subsection (2) if the court finds on the record that there are substantial and compelling reasons to do so.
(4) For purposes of subsection (1), an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under this article or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug.
History: 1978, Act 368, Eff. Sept. 30, 1978
Am. 1988, Act 12, Eff. June 1, 1988
Am. 1988, Act 144, Imd. Eff. June 6, 1988
Am. 2017, Act 266, Eff. Mar. 28, 2018
Popular Name: Act 368
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