HB-4919, As Passed Senate, December 2, 2010

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4919

 

 

 

 

 

 

 

 

 

 

 

     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. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4918.

 

     (b) House Bill No. 4920.