HB-4508, As Passed House, June 4, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4508

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7521. (1) The following property is subject to

forfeiture:

     (a) A prescription form, controlled substance, an imitation

controlled substance, a controlled substance analogue, or other

drug that has been manufactured, distributed, dispensed, used,

possessed, or acquired in violation of this article.

     (b) A raw material, product, or equipment of any kind that is

used, or intended for use, in manufacturing, compounding,

processing, delivering, importing, or exporting a controlled

substance, a controlled substance analogue, or other drug in

violation of this article; or a raw material, product, or equipment

of any kind that is intended for use in manufacturing, compounding,

processing, delivering, importing, or exporting an imitation

controlled substance in violation of section 7341.

     (c) Property that is used, or intended for use, as a container

for property described in subdivision (a) or (b).

     (d) Except as provided in subparagraphs (i) to (iv), (v), a

conveyance, including an aircraft, vehicle, or vessel used or

intended for use, to transport, or in any manner to facilitate the

transportation, for the purpose of sale or receipt of property

described in subdivision (a) or (b):

     (i) A conveyance used by a person as a common carrier in the

transaction of business as a common carrier is not subject to

forfeiture unless it appears that the owner or other person in

charge of the conveyance is a consenting party or privy to a

violation of this article.

     (ii) A conveyance is not subject to forfeiture by reason of

any act or omission established by the owner of that conveyance to

have been committed or omitted without the owner's knowledge or

consent.

     (iii) A conveyance is not subject to forfeiture for a

violation of section 7403(2)(c) or (d), section 7404, or section

7341(4).

     (iv) A forfeiture of a conveyance encumbered by a bona fide

security interest is subject to the interest of the secured party

who neither had knowledge of nor consented to the act or omission.

     (v) A conveyance used only to purchase or receive not more

than 1 ounce of marihuana for personal use is not subject to

forfeiture. This subparagraph applies to proceedings commenced

under this article on or after the effective date of the amendatory

act that added this subparagraph.

     (e) Books, records, and research products and materials,

including formulas, microfilm, tapes, and data used, or intended

for use, in violation of this article.

     (f) Any thing of value that is furnished or intended to be

furnished in exchange for a controlled substance, an imitation

controlled substance, or other drug in violation of this article

that is traceable to an exchange for a controlled substance, an

imitation controlled substance, or other drug in violation of this

article or that is used or intended to be used to facilitate any

violation of this article including, but not limited to, money,

negotiable instruments, or securities. To the extent of the

interest of an owner, a thing of value is not subject to forfeiture

under this subdivision by reason of any act or omission that is

established by the owner of the item to have been committed or

omitted without the owner's knowledge or consent. Any money that is

found in close proximity to any property that is subject to

forfeiture under subdivision (a), (b), (c), (d), or (e) is presumed

to be subject to forfeiture under this subdivision. This

presumption may be rebutted by clear and convincing evidence.

     (g) Any other drug paraphernalia not described in subdivision

(b) or (c).

     (2) As used in this section, "imitation controlled substance"

means that term as defined in section 7341.