April 13, 2005, Introduced by Rep. Mortimer and referred to the Committee on Health Policy.
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) (6),
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) (6), 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
Except as provided in
subsection (5), 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 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) An individual 18 years of age or over who violates
section 7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing
anabolic steroids 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). As used in this subsection, "anabolic steroids" means
that term as defined in R 338.3122 of the Michigan administrative
code.
(6) (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.
(7) (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.
(8) (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.