SYNTHETIC MARIHUANA: PENALTIES S.B. 1373:
FLOOR SUMMARY
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Senate Bill 1373 (as reported without amendment)
Sponsor: Senator Mike Nofs
Committee: Judiciary
CONTENT
The bill would amend the Public Health Code to include certain synthetic cannabinoids in the list of Schedule 1 controlled substances, and to extend the penalties for possession and use of marihuana to the possession and use of the synthetic cannabinoids.
Specifically, the bill would add each of the following (all of which are synthetic cannabinoids) to the list of Schedule 1 controlled substances:
-- (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (which is also known as HU-210).
-- 2-[1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (which is also known as CP47,497) and its side chain homologues.
-- 1-Pentyl-3-(1-naphthoyl)indole (which is also known as JWH-018).
-- 1-Butyl-3-(1-naphthoyl)indole (which is also known as JWH-073).
The Code prohibits a person from using, or knowingly or intentionally possessing, a controlled substance unless it was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice. A violation involving the use of marihuana is a misdemeanor punishable by up to 90 days' imprisonment, a maximum fine of $100, or both. A violation involving the possession of marihuana is a misdemeanor punishable by up to one year's imprisonment, a maximum fine of $2,000, or both. The bill would extend these penalties to the possession and use of the substances described above.
MCL 333.7212 et al. Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would be convicted of misdemeanor offenses due to the classification of these additional compounds as controlled substances. Local governments would incur the costs of incarceration in local facilities, which vary by county. Any additional penal fine revenue collected under this bill would benefit public libraries.
Date Completed: 6-23-10 Fiscal Analyst: Matthew Grabowski
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1373/0910