June 20, 2013, Introduced by Reps. McBroom, Crawford, Kivela, Yonker, Walsh, Lori, Heise, Hooker, Schmidt, Kesto, McCready, Pagel, Jenkins, O'Brien, Graves, Somerville, Kurtz, Dianda and Oakes and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 45 of chapter XVII (MCL 777.45), as amended
by 2002 PA 666.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 45. (1) Offense variable 15 is aggravated controlled
3 substance offenses. Score offense variable 15 by determining
4 which of the following apply and by assigning the number of
5 points attributable to the one that has the highest number of
6 points:
7 (a) The offense involved the manufacture,
8 creation, delivery, possession, or possession with
9 intent to manufacture, create, or deliver of 1,000
1 or more grams of any mixture containing a controlled
2 substance classified in schedule 1 or 2 that is a
3 narcotic drug or a drug described in section
4 7214(a)(iv)........................................... 100 points
5 (b) The offense involved the manufacture,
6 creation, delivery, possession, or possession with
7 intent to manufacture, create, or deliver of 450
8 grams or more but less than 1,000 grams of any
9 mixture containing a controlled substance classified
10 in schedule 1 or 2 that is a narcotic drug or a drug
11 described in section 7214(a)(iv)...................... 75 points
12 (c) The offense involved the manufacture,
13 creation, delivery, possession, or possession with
14 intent to manufacture, create, or deliver of 50 or
15 more grams but less than 450 grams of any mixture
16 containing a controlled substance classified in
17 schedule 1 or 2 that is a narcotic drug or a drug
18 described in section 7214(a)(iv)...................... 50 points
19 (d) The offense involved traveling from another
20 state to this state with the intent to deliver any
21 mixture containing a controlled substance classified
22 in schedule 1 or 2 that is a narcotic drug or a drug
23 described in section 7212 or 7214.................... 50 points
24
(e) (d) The
offense involved the sale or delivery
25 of a controlled substance other than marihuana or a
26 mixture containing a controlled substance other than
27 marihuana by the offender who was 18 years of age or
28 older to a minor who was 3 or more years younger than
29 the offender......................................... 25 points
1
(f) (e) The
offense involved the sale, delivery,
2 or possession with intent to sell or deliver 45
3 kilograms or more of marihuana or 200 or more of
4 marihuana plants..................................... 10 points
5
(g) (f) The
offense is a violation of section
6 7401(2)(a)(i) to (iii) pertaining to a controlled
7 substance classified in schedule 1 or 2 that is a
8 narcotic drug or a drug described in section 7214(a)(iv)
9 and was committed in a minor's abode, settled home,
10 or domicile, regardless of whether the minor was
11 present.............................................. 10 points
12
(h) (g) The
offense involved the delivery or
13 possession with intent to deliver marihuana or any
14 other controlled substance or a counterfeit controlled
15 substance or possession of controlled substances or
16 counterfeit controlled substances having a value or
17 under such circumstances as to indicate trafficking.. 5 points
18
(i) (h) The
offense was not an offense described
19 in
subdivisions (a) through (g) (h).................. 0 points
20 (2) As used in this section:
21 (a) "Deliver" means the actual or constructive transfer of a
22 controlled substance from 1 individual to another regardless of
23 remuneration.
24 (b) "Minor" means an individual 17 years of age or less.
25 (c) "Trafficking" means the sale or delivery of controlled
26 substances or counterfeit controlled substances on a continuing
27 basis to 1 or more other individuals for further distribution.