February 8, 2006, Introduced by Reps. Cushingberry, Lipsey, Lemmons, Jr., Cheeks, David Law, Meisner, Kolb, Bieda, Condino, Adamini, Whitmer, Gaffney, Vagnozzi, Miller, Kahn, Sak, Sheltrown and Lemmons, III and referred to the Committee on Local Government and Urban 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 or a library 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 or a library 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 school property or a
library 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"
(a) "Library" means a library that is established by the
state; a county, city, township, village, school district, or other
local unit of government or authority or combination of local units
of government and authorities; a community college district; a
college or university; or any private library open to the public.
(b) "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.