October 1, 2015, Introduced by Reps. Singh and Schor and referred to the Committee on Criminal Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as
amended by 2012 PA 183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7403. (1) A person An
individual 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 Except as
otherwise provided in subsection (3),
an individual 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 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 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 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 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 in subdivision (a), (b)(i), (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) Subsection (2) does not apply to any of the following:
(a) An individual who is experiencing medical problems
relating to a controlled substance overdose or reaction who is in
need of medical assistance and the evidence of the violation of
this section is gained as a result of the individual's acting in
good faith to seek medical assistance or being presented for
medical assistance.
(b) An individual acting in good faith who seeks medical
assistance for another individual who is experiencing medical
problems relating to a controlled substance overdose or reaction
and the evidence of the violation of this section is gained as a
result of the individual's seeking medical assistance for the other
individual.
(c) An individual who presents himself or herself to a health
facility or agency for medical examination and treatment for any
condition arising from a violation of sections 520b to 520g of the
Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g, and the
evidence of the violation of this section is gained as a result of
the individual's acting in good faith to seek medical examination
and treatment.
(d) An individual acting in good faith who accompanies another
individual who presents himself or herself to a health facility or
agency for medical examination and treatment for any condition
arising from a violation of sections 520b to 520g of the Michigan
penal code, 1931 PA 328, MCL 750.520b to 750.520g, and the evidence
of the violation of this section is gained as a result of the
individual's accompanying the other individual.
(4) Subsection (3) is not grounds for suppressing the evidence
in other criminal prosecutions.
(5) (3)
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.
(6) As used in this section, "health facility or agency" means
that term as defined in section 20106.
Sec.
7404. (1) A person An
individual 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 Except as
otherwise provided in subsection (3),
an individual 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) Subsection (2) does not apply to any of the following:
(a) An individual experiencing medical problems relating to a
controlled substance overdose or reaction who is in need of medical
assistance and the evidence of the violation of this section is
gained as a result of the individual's acting in good faith to seek
medical assistance or being presented for medical assistance.
(b) An individual acting in good faith who seeks medical
assistance for another individual experiencing medical problems
relating to a controlled substance overdose or reaction and the
evidence of the violation of this section is gained as a result of
the individual's seeking medical assistance for the other
individual.
(c) An individual who presents himself or herself to a health
facility or agency for medical examination and treatment for any
condition arising from a violation of sections 520b to 520g of the
Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g, and the
evidence of the violation of this section is gained as a result of
the individual's acting in good faith to seek medical examination
and treatment.
(d) An individual acting in good faith who accompanies another
individual who presents himself or herself to a health facility or
agency for medical examination and treatment for any condition
arising from a violation of sections 520b to 520g of the Michigan
penal code, 1931 PA 328, MCL 750.520b to 750.520g, and the evidence
of the violation of this section is gained as a result of the
individual's accompanying the other individual.
(4) Subsection (3) is not grounds for suppressing the evidence
in other criminal prosecutions.
(5) As used in this section, "health facility or agency" means
that term as defined in section 20106.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.