HB-4594, As Passed House, April 28, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4594

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 7410 (MCL 333.7410), as amended by 2000 PA 302.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7410. (1) Except as otherwise provided in subsections (2)

and (3), an individual 18 years of age or over who violates section

7401(2)(a)(iv) by delivering or distributing a controlled substance

listed in schedule 1 or 2 that is either a narcotic drug or

described in section 7214(a)(iv) to an individual under 18 years of

age who is at least 3 years the deliverer's or distributor's junior

may be punished by the fine authorized by section 7401(2)(a)(iv) or

by a term of imprisonment of not less than 1 year nor more than

twice that authorized by section 7401(2)(a)(iv), or both. An

individual 18 years of age or over who violates section 7401 or

7401b by delivering or distributing any other controlled substance

listed in schedules 1 to 5 or gamma-butyrolactone to an individual

under 18 years of age who is at least 3 years the distributor's

junior may be punished by the fine authorized by section

7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not

more than twice that authorized by section 7401(2)(b), (c), or (d)

or 7401b, or both.

     (2) An individual 18 years of age or over who violates section

7401(2)(a)(iv) by delivering a controlled substance described in

schedule 1 or 2 that is either a narcotic drug or described in

section 7214(a)(iv) to another person on or within 1,000 feet of

school property shall be punished, subject to subsection (5), by a

term of imprisonment of not less than 2 years or more than 3 times

that authorized by section 7401(2)(a)(iv) and, in addition, may be

punished by a fine of not more than 3 times that authorized by

section 7401(2)(a)(iv).

     (3) An individual 18 years of age or over who violates section

7401(2)(a)(iv) by possessing with intent to deliver to another

person on or within 1,000 feet of school property a controlled

substance described in schedule 1 or 2 that is either a narcotic

drug or described in section 7214(a)(iv) shall be punished, subject

to subsection (5), by a term of imprisonment of not less than 2

years or more than twice that authorized by section 7401(2)(a)(iv)

and, in addition, may be punished by a fine of not more than 3

times that authorized by section 7401(2)(a)(iv).

     (4) An individual 18 years of age or over who violates section

7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing gamma-

butyrolactone or a controlled substance on or within 1,000 feet of

school property shall be punished by a term of imprisonment or a

fine, or both, of not more than twice that authorized by section

7401b or 7403(2)(a)(v), (b), (c), or (d).

     (5) The court may depart from the minimum term of imprisonment

authorized under subsection (2) or (3) if the court finds on the

record that there are substantial and compelling reasons to do so.

     (6) As used in this section, "school property" means a

building, playing field, or property used for school purposes to

impart instruction to children in grades kindergarten through 12,

when provided by a public, private, denominational, or parochial

school, except those buildings used primarily for adult education

or college extension courses.

     (7) A person who distributes marihuana without remuneration

and not to further commercial distribution and who does not violate

subsection (1) 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, unless the distribution is in accordance with

the federal law or the law of this state.