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