HB-6038, As Passed House, June 23, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 6038
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7212, 7403, and 7404 (MCL 333.7212,
333.7403, and 333.7404), as amended by 2002 PA 710.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7212. (1) The following controlled substances are
2 included in schedule 1:
3 (a) Any of the following opiates, including their isomers,
4 esters, the ethers, salts, and salts of isomers, esters, and
5 ethers, unless specifically excepted, when the existence of these
6 isomers, esters, ethers, and salts is possible within the
7 specific chemical designation:
8 Acetylmethadol Difenoxin Noracymethadol
1 Allylprodine Dimenoxadol Norlevorphanol
2 Alpha-acetylmethadol Dimepheptanol Normethadone
3 Alphameprodine Dimethylthiambutene Norpipanone
4 Alphamethadol Dioxaphetyl butyrate Phenadoxone
5 Benzethidine Dipipanone Phenampromide
6 Betacetylmethadol Ethylmethylthiambutene Phenomorphan
7 Betameprodine Etonitazene Phenoperidine
8 Betamethadol Etoxeridine Piritramide
9 Betaprodine Furethidine Proheptazine
10 Clonitazene Hydroxypethidine Properidine
11 Dextromoramide Ketobemidone Propiram
12 Diampromide Levomoramide Racemoramide
13 Diethylthiambutene Levophenacylmorphan Trimeperidine
14 Morpheridine
15 (b) Any of the following opium derivatives, their salts,
16 isomers, and salts of isomers, unless specifically excepted, when
17 the existence of these salts, isomers, and salts of isomers is
18 possible within the specific chemical designation:
19 Acetorphine Drotebanol Morphine-N-Oxide
20 Acetyldihydrocodeine Etorphine Myrophine
21 Benzylmorphine Heroin Nicocodeine
22 Codeine methylbromide Hydromorphinol Nicomorphine
23 Codeine-N-Oxide Methyldesorphine Normorphine
24 Cyprenorphine Methyldihydromorphine Pholcodine
25 Desomorphine Morphine methylbromide Thebacon
26 Dihydromorphine Morphine methylsulfonate
1 (c) Any material, compound, mixture, or preparation which
2 contains any quantity of the following hallucinogenic substances,
3 their salts, isomers, and salts of isomers, unless specifically
4 excepted, when the existence of these salts, isomers, and salts
5 of isomers is possible within the specific chemical designation:
6 2-Methylamino-1-phenylpropan-1-one
7 Some trade and other names:
8 Methcathinone
9 Cat
10 Ephedrone
11 3, 4-methylenedioxy amphetamine
12 5-methoxy-3, 4-methylenedioxy
13 amphetamine
14 3, 4, 5-trimethoxy amphetamine
15 Bufotenine
16 Some trade and other names:
17 3-(B-dimethylaminoethyl)-5 hydrozyindole
18 3-(2-dimethylaminoethyl)-5 indolol
19 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine
20 Mappine
21 2, 5-Dimethoxyamphetamine
22 Some trade or other names:
23 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA
24 4-Bromo-2, 5-Dimethoxyamphetamine
25 Some trade or other names:
26 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo
27 2,5-DMA
28 Diethyltryptamine
29 Some trade and other names:
1 N,N-Diethyltryptamine; DET
2 Dimethyltryptamine
3 Some trade or other names:
4 DMT
5 4-methyl-2, 5-dimethoxyamphetamine
6 Some trade and other names:
7 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine
8 DOM, STP
9 4-methoxyamphetamine
10 Some trade or other names:
11 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;
12 PMA
13 Ibogaine
14 Some trade and other names:
15 7-Ethyl-6,6a,7,8,9,10,12,13
16 Octahydro-2-methoxy-6,9-methano-5H-
17 pyrido (1, 2:1, 2 azepino 4, 5-b) indole
18 tabernanthe iboga
19 Lysergic acid diethylamide
20 Marihuana, except as otherwise provided in subsection (2)
21 Mecloqualone
22 Mescaline
23 Peyote
24 N-ethyl-3 piperidyl benzilate
25 N-methyl-3 piperidyl benzilate
26 Psilocybin
27 Psilocyn
28 Thiophene analog of phencyclidine
29 Some trade or other names:
30 1-(1-(2-thienyl)cyclohexyl) piperidine)
31 2-thienyl analog of phencyclidine; TPCP
1 (d) Except as provided in subsection (2), synthetic
2 Synthetic equivalents of the substances contained in the plant,
3 or in the resinous extractives of cannabis and synthetic
4 substances, derivatives, and their isomers with similar chemical
5 structure or pharmacological activity, or both, such as the
6 following, are included in schedule 1:
7 (i) /\1 cis or trans tetrahydrocannabinol, and their optical
8 isomers.
9 (ii) /\6 cis or trans tetrahydrocannabinol, and their optical
10 isomers.
11 (iii) /\3,4, cis or trans tetrahydrocannabinol, and their
12 optical isomers.
13 (e) Compounds of structures of substances referred to in
14 subdivision (d), regardless of numerical designation of atomic
15 positions, are included.
16 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of
17 isomer of gamma-hydroxybutyrate.
18 Some trade and other names:
19 Sodium oxybate
20 4-hydroxybutanoic acid monosodium salt
21 (g) 3,4-methylenedioxymethamphetamine and n-
22 benzylpiperazine.
23 Some trade and other names:
24 Ecstasy
1 MDMA
2 BZP
3 1-benzylpiperazine
4 1-(phenylmethyl)-piperazine
5 (h) All of the following:
6 (i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-
7 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.
8 Some trade and other names:
9 HU-210
10 (ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
11 yl)phenol and its side chain homologues.
12 Some trade and other names:
13 CP47,497
14 (iii) 1-pentyl-3-(1-naphthoyl)indole.
15 Some trade and other names:
16 JWH-018
17 (iv) 1-butyl-3-(1-naphthoyl)indole.
18 Some trade and other names:
19 JWH-073
20 (2) Marihuana and the substances described in subsection (1)
21 (d) and (e) in schedule 1 shall be regulated as provided in
22 schedule 2, if they are dispensed in the manner provided in
1 sections 7335 and 7336.
2 (2) (3) For
purposes of subsection (1), "isomer" includes
3 the optical, position, and geometric isomers.
4 Sec. 7403. (1) A person shall not knowingly or intentionally
5 possess a controlled substance, a controlled substance analogue,
6 or a prescription form unless the controlled substance,
7 controlled substance analogue, or prescription form was obtained
8 directly from, or pursuant to, a valid prescription or order of a
9 practitioner while acting in the course of the practitioner's
10 professional practice, or except as otherwise authorized by this
11 article.
12 (2) A person who violates this section as to:
13 (a) A controlled substance classified in schedule 1 or 2
14 that is a narcotic drug or a drug described in section
15 7214(a)(iv), and:
16 (i) Which is in an amount of 1,000 grams or more of any
17 mixture containing that substance is guilty of a felony
18 punishable by imprisonment for life or any term of years or a
19 fine of not more than $1,000,000.00, or both.
20 (ii) Which is in an amount of 450 grams or more, but less
21 than 1,000 grams, of any mixture containing that substance is
22 guilty of a felony punishable by imprisonment for not more than
23 30 years or a fine of not more than $500,000.00, or both.
24 (iii) Which is in an amount of 50 grams or more, but less than
25 450 grams, of any mixture containing that substance is guilty of
26 a felony punishable by imprisonment for not more than 20 years or
27 a fine of not more than $250,000.00, or both.
1 (iv) Which is in an amount of 25 grams or more, but less than
2 50 grams of any mixture containing that substance is guilty of a
3 felony punishable by imprisonment for not more than 4 years or a
4 fine of not more than $25,000.00, or both.
5 (v) Which is in an amount less than 25 grams of any mixture
6 containing that substance is guilty of a felony punishable by
7 imprisonment for not more than 4 years or a fine of not more than
8 $25,000.00, or both.
9 (b) Either of the following:
10 (i) A substance described in section 7212(1)(g) or 7214(c)(ii)
11 is guilty of a felony punishable by imprisonment for not more
12 than 10 years or a fine of not more than $15,000.00, or both.
13 (ii) A controlled substance classified in schedule 1, 2, 3,
14 or 4, except a controlled substance for which a penalty is
15 prescribed in subparagraph
(i) or subdivision
(a), (b)(i), (c), or
16 (d), or a controlled substance analogue is guilty of a felony
17 punishable by imprisonment for not more than 2 years or a fine of
18 not more than $2,000.00, or both.
19 (c) Lysergic acid diethylamide, peyote, mescaline,
20 dimethyltryptamine, psilocyn, psilocybin, or a controlled
21 substance classified in schedule 5 is guilty of a misdemeanor
22 punishable by imprisonment for not more than 1 year or a fine of
23 not more than $2,000.00, or both.
24 (d) Marihuana or a substance described in section 7212(1)(h)
25 is guilty of a misdemeanor punishable by imprisonment for not
26 more than 1 year or a fine of not more than $2,000.00, or both.
27 (e) A prescription form is guilty of a misdemeanor
1 punishable by imprisonment for not more than 1 year or a fine of
2 not more than $1,000.00, or both.
3 (3) If an individual was sentenced to lifetime probation
4 under subsection (2)(a)(iv) before the
effective date of the
5 amendatory act that added this subsection April 1, 2003 and the
6 individual has served 5 or more years of that probationary
7 period, the probation officer for that individual may recommend
8 to the court that the court discharge the individual from
9 probation. If an individual's probation officer does not
10 recommend discharge as provided in this subsection, with notice
11 to the prosecutor, the individual may petition the court seeking
12 resentencing under the court rules. The court may discharge an
13 individual from probation as provided in this subsection. An
14 individual may file more than 1 motion seeking resentencing under
15 this subsection.
16 Sec. 7404. (1) A person shall not use a controlled substance
17 or controlled substance analogue unless the substance was
18 obtained directly from, or pursuant to, a valid prescription or
19 order of a practitioner while acting in the course of the
20 practitioner's professional practice, or except as otherwise
21 authorized by this article.
22 (2) A person who violates this section as to:
23 (a) A controlled substance classified in schedule 1 or 2 as
24 a narcotic drug or a drug described in section 7212(1)(g) or
25 7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by
26 imprisonment for not more than 1 year or a fine of not more than
27 $2,000.00, or both.
House Bill N. 6038 (H-2) as amended June 23, 2010
1 (b) A controlled substance classified in schedule 1, 2, 3,
2 or 4, except a controlled substance for which a penalty is
3 prescribed in subdivision (a), (c), or (d), or a controlled
4 substance analogue, is guilty of a misdemeanor punishable by
5 imprisonment for not more than 1 year or a fine of not more than
6 $1,000.00, or both.
7 (c) Lysergic acid diethylamide, peyote, mescaline,
8 dimethyltryptamine, psilocyn, psilocybin, or a controlled
9 substance classified in schedule 5, is guilty of a misdemeanor
10 punishable by imprisonment for not more than 6 months or a fine
11 of not more than $500.00, or both.
12 (d) Marihuana or a substance described in section
13 7212(1)(h), is guilty of a misdemeanor punishable by imprisonment
14 for not more than 90 days or a fine of not more than $100.00, or
15 both.
[Enacting section 1. This amendatory act takes
effect October 1,
2010.]