June 8, 2010, Introduced by Senators NOFS, BISHOP, PAPPAGEORGE, BASHAM and KAHN and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7212, 7403, and 7404 (MCL 333.7212,
333.7403, and 333.7404), as amended by 2002 PA 710.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7212. (1) The following controlled substances are
2 included in schedule 1:
3 (a) Any of the following opiates, including their isomers,
4 esters, the ethers, salts, and salts of isomers, esters, and
5 ethers, unless specifically excepted, when the existence of these
6 isomers, esters, ethers, and salts is possible within the
7 specific chemical designation:
|
1 |
Acetylmethadol |
Difenoxin |
Noracymethadol |
|
2 |
Allylprodine |
Dimenoxadol |
Norlevorphanol |
|
3 |
Alpha-acetylmethadol |
Dimepheptanol |
Normethadone |
|
4 |
Alphameprodine |
Dimethylthiambutene |
Norpipanone |
|
5 |
Alphamethadol |
Dioxaphetyl butyrate |
Phenadoxone |
|
6 |
Benzethidine |
Dipipanone |
Phenampromide |
|
7 |
Betacetylmethadol |
Ethylmethylthiambutene |
Phenomorphan |
|
8 |
Betameprodine |
Etonitazene |
Phenoperidine |
|
9 |
Betamethadol |
Etoxeridine |
Piritramide |
|
10 |
Betaprodine |
Furethidine |
Proheptazine |
|
11 |
Clonitazene |
Hydroxypethidine |
Properidine |
|
12 |
Dextromoramide |
Ketobemidone |
Propiram |
|
13 |
Diampromide |
Levomoramide |
Racemoramide |
|
14 |
Diethylthiambutene |
Levophenacylmorphan |
Trimeperidine |
|
15 |
|
Morpheridine |
|
16 (b) Any of the following opium derivatives, their salts,
17 isomers, and salts of isomers, unless specifically excepted, when
18 the existence of these salts, isomers, and salts of isomers is
19 possible within the specific chemical designation:
|
20 |
Acetorphine |
Drotebanol |
Morphine-N-Oxide |
|
21 |
Acetyldihydrocodeine |
Etorphine |
Myrophine |
|
22 |
Benzylmorphine |
Heroin |
Nicocodeine |
|
23 |
Codeine methylbromide |
Hydromorphinol |
Nicomorphine |
|
24 |
Codeine-N-Oxide |
Methyldesorphine |
Normorphine |
|
25 |
Cyprenorphine |
Methyldihydromorphine |
Pholcodine |
|
26 |
Desomorphine |
Morphine methylbromide |
Thebacon |
|
1 |
Dihydromorphine |
Morphine methylsulfonate |
|
2 (c) Any material, compound, mixture, or preparation which
3 contains any quantity of the following hallucinogenic substances,
4 their salts, isomers, and salts of isomers, unless specifically
5 excepted, when the existence of these salts, isomers, and salts
6 of isomers is possible within the specific chemical designation:
|
7 |
2-Methylamino-1-phenylpropan-1-one |
|
8 |
Some trade and other names: |
|
9 |
Methcathinone |
|
10 |
Cat |
|
11 |
Ephedrone |
|
12 |
3, 4-methylenedioxy amphetamine |
|
13 |
5-methoxy-3, 4-methylenedioxy |
|
14 |
amphetamine |
|
15 |
3, 4, 5-trimethoxy amphetamine |
|
16 |
Bufotenine |
|
17 |
Some trade and other names: |
|
18 |
3-(B-dimethylaminoethyl)-5 hydrozyindole |
|
19 |
3-(2-dimethylaminoethyl)-5 indolol |
|
20 |
N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine |
|
21 |
Mappine |
|
22 |
2, 5-Dimethoxyamphetamine |
|
23 |
Some trade or other names: |
|
24 |
2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA |
|
25 |
4-Bromo-2, 5-Dimethoxyamphetamine |
|
26 |
Some trade or other names: |
|
27 |
4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo |
|
28 |
2,5-DMA |
|
1 |
Diethyltryptamine |
|
2 |
Some trade and other names: |
|
3 |
N,N-Diethyltryptamine; DET |
|
4 |
Dimethyltryptamine |
|
5 |
Some trade or other names: |
|
6 |
DMT |
|
7 |
4-methyl-2, 5-dimethoxyamphetamine |
|
8 |
Some trade and other names: |
|
9 |
4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine |
|
10 |
DOM, STP |
|
11 |
4-methoxyamphetamine |
|
12 |
Some trade or other names: |
|
13 |
4-methoxy-a-methylphenethylamine; paramethoxy amphetamine; |
|
14 |
PMA |
|
15 |
Ibogaine |
|
16 |
Some trade and other names: |
|
17 |
7-Ethyl-6,6a,7,8,9,10,12,13 |
|
18 |
Octahydro-2-methoxy-6,9-methano-5H- |
|
19 |
pyrido (1, 2:1, 2 azepino 4, 5-b) indole |
|
20 |
tabernanthe iboga |
|
21 |
Lysergic acid diethylamide |
|
22 |
Marihuana, except as otherwise provided in subsection (2) |
|
23 |
Mecloqualone |
|
24 |
Mescaline |
|
25 |
Peyote |
|
26 |
N-ethyl-3 piperidyl benzilate |
|
27 |
N-methyl-3 piperidyl benzilate |
|
28 |
Psilocybin |
|
29 |
Psilocyn |
|
30 |
Thiophene analog of phencyclidine |
|
31 |
Some trade or other names: |
|
1 |
1-(1-(2-thienyl)cyclohexyl) piperidine) |
|
2 |
2-thienyl analog of phencyclidine; TPCP |
3 (d) Except as provided in subsection (2), synthetic
4 Synthetic equivalents of the substances contained in the plant,
5 or in the resinous extractives of cannabis and synthetic
6 substances, derivatives, and their isomers with similar chemical
7 structure or pharmacological activity, or both, such as the
8 following, are included in schedule 1:
9 (i) /\1 cis or trans tetrahydrocannabinol, and their optical
10 isomers.
11 (ii) /\6 cis or trans tetrahydrocannabinol, and their optical
12 isomers.
13 (iii) /\3,4, cis or trans tetrahydrocannabinol, and their
14 optical isomers.
15 (e) Compounds of structures of substances referred to in
16 subdivision (d), regardless of numerical designation of atomic
17 positions, are included.
18 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of
19 isomer of gamma-hydroxybutyrate.
|
20 |
Some trade and other names: |
|
21 |
Sodium oxybate |
|
22 |
4-hydroxybutanoic acid monosodium salt |
23 (g) 3,4-methylenedioxymethamphetamine.
|
24 |
Some trade and other names: |
|
25 |
Ecstasy |
|
1 |
MDMA |
2 (h) All of the following:
3 (i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-
4 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.
|
5 |
Some trade and other names: |
|
6 |
HU-210 |
7 (ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
8 yl)phenol and its side chain homologues.
|
9 |
Some trade and other names: |
|
10 |
CP47,497 |
11 (iii) 1-pentyl-3-(1-naphthoyl)indole.
|
12 |
Some trade and other names: |
|
13 |
JWH-018 |
14 (iv) 1-butyl-3-(1-naphthoyl)indole.
|
15 |
Some trade and other names: |
|
16 |
JWH-073 |
17 (2) Marihuana and the substances described in subsection (1)
18 (d) and (e) in schedule 1 shall be regulated as provided in
19 schedule 2, if they are dispensed in the manner provided in
20 sections 7335 and 7336.
21 (2) (3) For
purposes of subsection (1), "isomer" includes
1 the optical, position, and geometric isomers.
2 Sec. 7403. (1) A person shall not knowingly or intentionally
3 possess a controlled substance, a controlled substance analogue,
4 or a prescription form unless the controlled substance,
5 controlled substance analogue, or prescription form was obtained
6 directly from, or pursuant to, a valid prescription or order of a
7 practitioner while acting in the course of the practitioner's
8 professional practice, or except as otherwise authorized by this
9 article.
10 (2) A person who violates this section as to:
11 (a) A controlled substance classified in schedule 1 or 2
12 that is a narcotic drug or a drug described in section
13 7214(a)(iv), and:
14 (i) Which is in an amount of 1,000 grams or more of any
15 mixture containing that substance is guilty of a felony
16 punishable by imprisonment for life or any term of years or a
17 fine of not more than $1,000,000.00, or both.
18 (ii) Which is in an amount of 450 grams or more, but less
19 than 1,000 grams, of any mixture containing that substance is
20 guilty of a felony punishable by imprisonment for not more than
21 30 years or a fine of not more than $500,000.00, or both.
22 (iii) Which is in an amount of 50 grams or more, but less than
23 450 grams, of any mixture containing that substance is guilty of
24 a felony punishable by imprisonment for not more than 20 years or
25 a fine of not more than $250,000.00, or both.
26 (iv) Which is in an amount of 25 grams or more, but less than
27 50 grams of any mixture containing that substance is guilty of a
1 felony punishable by imprisonment for not more than 4 years or a
2 fine of not more than $25,000.00, or both.
3 (v) Which is in an amount less than 25 grams of any mixture
4 containing that substance is guilty of a felony punishable by
5 imprisonment for not more than 4 years or a fine of not more than
6 $25,000.00, or both.
7 (b) Either of the following:
8 (i) A substance described in section 7212(1)(g) or 7214(c)(ii)
9 is guilty of a felony punishable by imprisonment for not more
10 than 10 years or a fine of not more than $15,000.00, or both.
11 (ii) A controlled substance classified in schedule 1, 2, 3,
12 or 4, except a controlled substance for which a penalty is
13 prescribed in subparagraph
(i) or subdivision
(a), (b)(i), (c), or
14 (d), or a controlled substance analogue is guilty of a felony
15 punishable by imprisonment for not more than 2 years or a fine of
16 not more than $2,000.00, or both.
17 (c) Lysergic acid diethylamide, peyote, mescaline,
18 dimethyltryptamine, psilocyn, psilocybin, or a controlled
19 substance classified in schedule 5 is guilty of a misdemeanor
20 punishable by imprisonment for not more than 1 year or a fine of
21 not more than $2,000.00, or both.
22 (d) Marihuana or a substance described in section 7212(1)(h)
23 is guilty of a misdemeanor punishable by imprisonment for not
24 more than 1 year or a fine of not more than $2,000.00, or both.
25 (e) A prescription form is guilty of a misdemeanor
26 punishable by imprisonment for not more than 1 year or a fine of
27 not more than $1,000.00, or both.
1 (3) If an individual was sentenced to lifetime probation
2 under subsection (2)(a)(iv) before the
effective date of the
3 amendatory act that added this subsection April 1, 2003 and the
4 individual has served 5 or more years of that probationary
5 period, the probation officer for that individual may recommend
6 to the court that the court discharge the individual from
7 probation. If an individual's probation officer does not
8 recommend discharge as provided in this subsection, with notice
9 to the prosecutor, the individual may petition the court seeking
10 resentencing under the court rules. The court may discharge an
11 individual from probation as provided in this subsection. An
12 individual may file more than 1 motion seeking resentencing under
13 this subsection.
14 Sec. 7404. (1) A person shall not use a controlled substance
15 or controlled substance analogue unless the substance was
16 obtained directly from, or pursuant to, a valid prescription or
17 order of a practitioner while acting in the course of the
18 practitioner's professional practice, or except as otherwise
19 authorized by this article.
20 (2) A person who violates this section as to:
21 (a) A controlled substance classified in schedule 1 or 2 as
22 a narcotic drug or a drug described in section 7212(1)(g) or
23 7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by
24 imprisonment for not more than 1 year or a fine of not more than
25 $2,000.00, or both.
26 (b) A controlled substance classified in schedule 1, 2, 3,
27 or 4, except a controlled substance for which a penalty is
1 prescribed in subdivision (a), (c), or (d), or a controlled
2 substance analogue, is guilty of a misdemeanor punishable by
3 imprisonment for not more than 1 year or a fine of not more than
4 $1,000.00, or both.
5 (c) Lysergic acid diethylamide, peyote, mescaline,
6 dimethyltryptamine, psilocyn, psilocybin, or a controlled
7 substance classified in schedule 5, is guilty of a misdemeanor
8 punishable by imprisonment for not more than 6 months or a fine
9 of not more than $500.00, or both.
10 (d) Marihuana or a substance described in section
11 7212(1)(h), is guilty of a misdemeanor punishable by imprisonment
12 for not more than 90 days or a fine of not more than $100.00, or
13 both.