HB-6226, As Passed Senate, September 22, 2010

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6226

 

 

 

 

 

 

 

 

 

 

 

     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.

 

     (c) Lysergic acid diethylamide, peyote, mescaline,

 

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, catha edulis, salvia divinorum, 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

 


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.

 

     (c) Lysergic acid diethylamide, peyote, mescaline,

 

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, catha edulis, salvia divinorum, 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.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 6038 of the 95th Legislature is enacted into

 

law.