HB-6226, As Passed House, June 23, 2010

HOUSE BILL No. 6226

June 1, 2010, Introduced by Reps. Lisa Brown and Rick Jones and referred to the Committee on Judiciary.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as

amended by 2002 PA 710.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 7403. (1) A person shall not knowingly or intentionally

possess a controlled substance, a controlled substance analogue, or

a prescription form unless the controlled substance, controlled

substance analogue, or prescription form was obtained directly

from, or pursuant to, a valid prescription or order of a

practitioner while acting in the course of the practitioner's

professional practice, or except as otherwise authorized by this

article.

(2) A person who violates this section as to:

(a) A controlled substance classified in schedule 1 or 2 that

is a narcotic drug or a drug described in section 7214(a)(iv), and:

(i) Which is in an amount of 1,000 grams or more of any mixture

containing that substance is guilty of a felony punishable by

imprisonment for life or any term of years or a fine of not more

than $1,000,000.00, or both.

(ii) Which is in an amount of 450 grams or more, but less than

1,000 grams, of any mixture containing that substance is guilty of

a felony punishable by imprisonment for not more than 30 years or a

fine of not more than $500,000.00, or both.

(iii) Which is in an amount of 50 grams or more, but less than

450 grams, of any mixture containing that substance is guilty of a

felony punishable by imprisonment for not more than 20 years or a

fine of not more than $250,000.00, or both.

(iv) Which is in an amount of 25 grams or more, but less than

50 grams of any mixture containing that substance is guilty of a

felony punishable by imprisonment for not more than 4 years or a

fine of not more than $25,000.00, or both.

(v) Which is in an amount less than 25 grams of any mixture

containing that substance is guilty of a felony punishable by

imprisonment for not more than 4 years or a fine of not more than

$25,000.00, or both.

(b) Either of the following:

(i) A substance described in section 7212(1)(g) or 7214(c)(ii)

is guilty of a felony punishable by imprisonment for not more than

10 years or a fine of not more than $15,000.00, or both.

(ii) A controlled substance classified in schedule 1, 2, 3, or

4, except a controlled substance for which a penalty is prescribed

in subparagraph (i) or subdivision (a), ~~(b)(~~i), (c), or (d), or a

controlled substance analogue is guilty of a felony punishable by

imprisonment for not more than 2 years or a fine of not more than

$2,000.00, or both.

dimethyltryptamine, psilocyn, psilocybin, or a controlled substance

classified in schedule 5 is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$2,000.00, or both.

(d) Marihuana or a substance described in section 7212(1)(h)

is guilty of a misdemeanor punishable by imprisonment for not more

than 1 year or a fine of not more than $2,000.00, or both.

(e) A prescription form 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.

(3) If an individual was sentenced to lifetime probation under

subsection (2)(a)(iv) before ~~the effective date of the amendatory~~

~~act that added this subsection~~ April 1, 2003 and the individual has

served 5 or more years of that probationary period, the probation

officer for that individual may recommend to the court that the

court discharge the individual from probation. If an individual's

probation officer does not recommend discharge as provided in this

subsection, with notice to the prosecutor, the individual may

petition the court seeking resentencing under the court rules. The

court may discharge an individual from probation as provided in

House Bill No. 6226 as amended June 23, 2010

this subsection. An individual may file more than 1 motion seeking

resentencing under this subsection.

Sec. 7404. (1) A person shall not use a controlled substance

or controlled substance analogue unless the substance was obtained

directly from, or pursuant to, a valid prescription or order of a

practitioner while acting in the course of the practitioner's

professional practice, or except as otherwise authorized by this

article.

(2) A person who violates this section as to:

(a) A controlled substance classified in schedule 1 or 2 as a

narcotic drug or a drug described in section 7212(1)(g) or

7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$2,000.00, or both.

(b) A controlled substance classified in schedule 1, 2, 3, or

4, except a controlled substance for which a penalty is prescribed

in subdivision (a), (c), or (d), or a controlled substance

analogue, 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.

dimethyltryptamine, psilocyn, psilocybin, or a controlled substance

classified in schedule 5, is guilty of a misdemeanor punishable by

imprisonment for not more than 6 months or a fine of not more than

$500.00, or both.

(d) Marihuana or a substance described in section 7212(1)(h),

is guilty of a misdemeanor punishable by imprisonment for not more

than 90 days or a fine of not more than $100.00, or both.

[Enacting section 1. This amendatory act takes effect October 1, 2010.]