February 8, 2006, Introduced by Reps. McConico, Vagnozzi, Leland, Condino, Tobocman, Virgil Smith, Lipsey, Drolet, Adamini, Cushingberry and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as
amended by 2002 PA 710; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7401. (1) Except as authorized by this article, a person
shall not manufacture, create, deliver, or possess with intent to
manufacture, create, or deliver a controlled substance, a
prescription form, or a counterfeit prescription form. A
practitioner licensed by the administrator under this article shall
not dispense, prescribe, or administer a controlled substance for
other than legitimate and professionally recognized therapeutic or
scientific purposes or outside the scope of practice of the
practitioner, licensee, or applicant.
(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 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 and 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 less than 50 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
$25,000.00, or both.
(b) Either of the following:
(i) A substance described in section 7212(1)(g) or 7214(c)(ii)
is guilty of a felony punishable by imprisonment for not more than
20 years or a fine of not more than $25,000.00, or both.
(ii) Any other controlled substance classified in schedule 1,
2, or 3, except marihuana is guilty of a felony punishable by
imprisonment for not more than 7 years or a fine of not more than
$10,000.00, or both.
(c) A substance classified in schedule 4 is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $2,000.00, or both.
(d) Marihuana or a mixture containing marihuana is guilty of a
felony punishable as follows:
(i) If the amount is 45 kilograms or more, or 200 plants or
more, by imprisonment for not more than 15 years or a fine of not
more than $10,000,000.00, or both.
(ii) If the amount is 5 kilograms or more but less than 45
kilograms, or 20 plants or more but fewer than 200 plants, by
imprisonment for not more than 7 years or a fine of not more than
$500,000.00, or both.
(iii) If the amount is less than 5 kilograms or fewer than 20
plants, by imprisonment for not more than 4 years or a fine of not
more than $20,000.00, or both.
(e) A substance classified in schedule 5 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.
(f) A prescription form or a counterfeit prescription form is
guilty of a felony punishable by imprisonment for not more than 7
years or a fine of not more than $5,000.00, or both.
(3) A term of imprisonment imposed under subsection (2)(a) may
be imposed to run consecutively with any term of imprisonment
imposed for the commission of another felony.
(4) If an individual was sentenced to lifetime probation under
subsection
(2)(a)(iv) as
it existed before the
effective date of
the
amendatory act that added this subsection 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.
(5) As used in this section, "plant" means a marihuana plant
that has produced cotyledons or a cutting of a marihuana plant that
has produced cotyledons.
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 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)(g) 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 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) If an individual was sentenced to lifetime probation under
subsection
(2)(a)(iv) as
it existed before the
effective date of
the
amendatory act that added this subsection 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.
Enacting section 1. Section 7413 of the public health code,
1978 PA 368, MCL 333.7413, is repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5654(request no.
00727'05 *).
(b) Senate Bill No.____ or House Bill No. 5656(request no.
00727'05 b *).