Senate Introduced Bill 1105
























SENATE BILL NO. 1105


   May 5, 1998, Introduced by Senator SHUGARS and referred to the
        Committee on Health Policy and Senior Citizens.



        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 7218 (MCL 333.7218) and by adding section

   7401a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 7218.  (1) The following controlled substances are

 2    included in schedule 4:

 3         (A) Any material, compound, mixture, or preparation

 4    CONTAINING ANY QUANTITY OF THE FOLLOWING SUBSTANCES HAVING A

 5    POTENTIAL FOR ABUSE ASSOCIATED WITH A DEPRESSANT EFFECT ON THE

 6    CENTRAL NERVOUS SYSTEM, including  its  THEIR
             salts, isomers, and

 7    salts of isomers  when  IF the existence of the
             salts, isomers,

 8    and salts of isomers is possible within the specific chemical

 9    designation:  as included in schedule 4, which contains any



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 1    quantity of the following substances having a potential for
             abuse

 2     associated with a depressant effect on the central nervous

 3     system: 

 4     

 5             Barbital                 Flurazepam

 6             Chloral Betaine          Lorazepam

 7             Chloral Hydrate          Mebutamate

 8             Chlordiazepoxide         Meprobamate

 9             Clonazepam               Methohexital

10             Clorazepate              Methylphenobarbital

11             Dextropropoxyphene       Oxazepam

12             Diazepam                 Paraldehyde

13             Ethchlorvynol            Petrichloral

14             Ethinamate               Phenobarbital

15             FLUNITRAZEPAM            Prazepam

16          (2) The following controlled substances are included
             in

17     schedule 4: 

18         (B) Any material, compound, mixture, or preparation

19    CONTAINING ANY QUANTITY OF THE FOLLOWING SUBSTANCES HAVING A

20    POTENTIAL FOR ABUSE ASSOCIATED WITH AN EFFECT ON THE CENTRAL NER-

21    VOUS SYSTEM, including  its  THEIR salts, 
             isomers (whether 

22    optical,  position  POSITIONAL, or geometric
              )  ISOMERS, and

23    salts of the isomers  when  IF the existence of the
             salts, iso-

24    mers, and salts of isomers is possible.  , which contains
             any

25     quantity of the following substances having a potential for
                       abuse

26     associated with a effect on the central nervous system:
                       





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 1         Fenfluramine

 2          (3) The following controlled substances are included
             in

 3     schedule 4: 

 4         (C) Any material, compound, mixture, or preparation

 5    CONTAINING ANY QUANTITY OF THE FOLLOWING SUBSTANCES HAVING A

 6    POTENTIAL FOR ABUSE ASSOCIATED WITH A STIMULANT EFFECT ON THE

 7    CENTRAL NERVOUS SYSTEM, including  its  THEIR
             salts,  isomers,

 8     (whether  optical,  position 
                       POSITIONAL, or geometric  ) 

 9    ISOMERS, and salts of the isomers  when  IF the
             existence of the

10    salts, isomers, and salts of isomers is possible within the spe-

11    cific chemical designation.  , which contains any quantity
             of the

12     following substances having a potential for abuse associated
                       with

13     a stimulant effect on the central nervous system: 

14         Diethylpropion

15         Phentermine

16         Pemoline, including organometallic complexes and chelates

17     thereof  OF PEMOLINE.

18         (2)  (4)  The administrator may except by rule
             any compound,

19    mixture or preparation containing any substance listed in subsec-

20    tion (1)  , (2), or (3)  from the application of
             all or any part

21    of this article if the compound, mixture or preparation contains

22    1 or more active medicinal ingredients not having a depressant or

23    stimulant effect on the central nervous system  , 
             and if the

24    admixtures are  included  in combinations,
             quantity, proportion,

25    or concentration that vitiate the potential for abuse of the sub-

26    stances  which have  HAVING a depressant or
             stimulant effect on

27    the central nervous system.



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 1         SEC. 7401A.  (1) A PERSON WHO, WITHOUT AN INDIVIDUAL'S

 2    CONSENT, DELIVERS A CONTROLLED SUBSTANCE OR CAUSES A CONTROLLED

 3    SUBSTANCE TO BE DELIVERED TO THAT INDIVIDUAL TO COMMIT OR ATTEMPT

 4    TO COMMIT A VIOLATION OF SECTION 520B, 520C, 520D, 520E, OR 520G

 5    OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 750.520C,

 6    750.520D, 750.520E, AND 750.520G, AGAINST THAT INDIVIDUAL IS

 7    GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN

 8    20 YEARS.

 9         (2) A CONVICTION OR SENTENCE UNDER THIS SECTION DOES NOT

10    PROHIBIT A CONVICTION OR SENTENCE FOR ANY OTHER CRIME ARISING OUT

11    OF THE SAME TRANSACTION.

12         (3) THIS SECTION APPLIES REGARDLESS OF WHETHER THE PERSON IS

13    CONVICTED OF A VIOLATION OR ATTEMPTED VIOLATION OF SECTION 520B,

14    520C, 520D, 520E, OR 520G OF THE MICHIGAN PENAL CODE, 1931 PA

15    328, MCL 750.520B, 750.520C, 750.520D, 750.520E, AND 750.520G.

16         Enacting section 1.  This amendatory act takes effect

17    September 1, 1998.























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