Bill Text: MI HB6038 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Crimes; controlled substances; designation of certain substances as schedule 1 controlled substances; provide for. Amends secs. 7212 & 7218 of 1978 PA 368 (MCL 333.7212 & 333.7218). TIE BAR WITH: HB 6226'10
Spectrum: Bipartisan Bill
Status: (Passed) 2010-10-06 - Assigned Pa 171'10 With Immediate Effect [HB6038 Detail]
Download: Michigan-2009-HB6038-Chaptered.html
Act No. 171
Public Acts of 2010
Approved by the Governor
September 30, 2010
Filed with the Secretary of State
September 30, 2010
EFFECTIVE DATE: October 1, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Reps. Rick Jones, Agema, Ball, Barnett, Bauer, Bledsoe, Bolger, Lisa Brown, Terry Brown, Byrnes, Calley, Constan, Crawford, Daley, Denby, DeShazor, Durhal, Ebli, Elsenheimer, Espinoza, Geiss, Gonzales, Green, Haase, Haines, Hansen, Haugh, Haveman, Hildenbrand, Horn, Jackson, Johnson, Robert Jones, Kennedy, Knollenberg, Kowall, Kurtz, Leland, Liss, Lori, Marleau, Mayes, Meekhof, Melton, Meltzer, Moss, Nathan, Neumann, Opsommer, Polidori, Proos, Roberts, Rocca, Rogers, Wayne Schmidt, Schuitmaker, Bettie Scott, Paul Scott, Segal, Sheltrown, Slavens, Slezak, Spade, Stamas, Stanley, Switalski, Tyler, Valentine and Warren
ENROLLED HOUSE BILL No. 6038
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 7212 and 7218 (MCL 333.7212 and 333.7218), section 7212 as amended by 2002 PA 710 and section 7218 as amended by 1998 PA 319.
The People of the State of Michigan enact:
Sec. 7212. (1) The following controlled substances are included in schedule 1:
(a) Any of the following opiates, including their isomers, esters, the ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, when the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
Acetylmethadol Difenoxin Noracymethadol
Allylprodine Dimenoxadol Norlevorphanol
Alpha-acetylmethadol Dimepheptanol Normethadone
Alphameprodine Dimethylthiambutene Norpipanone
Alphamethadol Dioxaphetyl butyrate Phenadoxone
Benzethidine Dipipanone Phenampromide
Betacetylmethadol Ethylmethylthiambutene Phenomorphan
Betameprodine Etonitazene Phenoperidine
Betamethadol Etoxeridine Piritramide
Betaprodine Furethidine Proheptazine
Clonitazene Hydroxypethidine Properidine
Dextromoramide Ketobemidone Propiram
Diampromide Levomoramide Racemoramide
Diethylthiambutene Levophenacylmorphan Trimeperidine
Morpheridine
(b) Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
Acetorphine Drotebanol Morphine-N-Oxide
Acetyldihydrocodeine Etorphine Myrophine
Benzylmorphine Heroin Nicocodeine
Codeine methylbromide Hydromorphinol Nicomorphine
Codeine-N-Oxide Methyldesorphine Normorphine
Cyprenorphine Methyldihydromorphine Pholcodine
Desomorphine Morphine methylbromide Thebacon
Dihydromorphine Morphine methylsulfonate
(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
2-Methylamino-1-phenylpropan-1-one
Some trade and other names:
Methcathinone
Cat
Ephedrone
3, 4-methylenedioxy amphetamine
5-methoxy-3, 4-methylenedioxy
amphetamine
3, 4, 5-trimethoxy amphetamine
Bufotenine
Some trade and other names:
3-(B-dimethylaminoethyl)-5 hydrozyindole
3-(2-dimethylaminoethyl)-5 indolol
N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine
Mappine
2, 5-Dimethoxyamphetamine
Some trade or other names:
2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA
4-Bromo-2, 5-Dimethoxyamphetamine
Some trade or other names:
4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo
2,5-DMA
Diethyltryptamine
Some trade and other names:
N,N-Diethyltryptamine; DET
Dimethyltryptamine
Some trade or other names:
DMT
4-methyl-2, 5-dimethoxyamphetamine
Some trade and other names:
4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine
DOM, STP
4-methoxyamphetamine
Some trade or other names:
4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;
PMA
Ibogaine
Some trade and other names:
7-Ethyl-6,6a,7,8,9,10,12,13
Octahydro-2-methoxy-6,9-methano-5H-
pyrido (1, 2:1, 2 azepino 4, 5-b) indole
tabernanthe iboga
Lysergic acid diethylamide
Marihuana
Mecloqualone
Mescaline
Peyote
N-ethyl-3 piperidyl benzilate
N-methyl-3 piperidyl benzilate
Psilocybin
Psilocyn
Thiophene analog of phencyclidine
Some trade or other names:
1-(1-(2-thienyl)cyclohexyl) piperidine)
2-thienyl analog of phencyclidine; TPCP
(d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1:
(i) ∆1 cis or trans tetrahydrocannabinol, and their optical isomers.
(ii) ∆6 cis or trans tetrahydrocannabinol, and their optical isomers.
(iii) ∆3,4, cis or trans tetrahydrocannabinol, and their optical isomers.
(e) Compounds of structures of substances referred to in subdivision (d), regardless of numerical designation of atomic positions, are included.
(f) Gamma-hydroxybutyrate and any isomer, salt, or salt of isomer of gamma-hydroxybutyrate.
Some trade and other names:
Sodium oxybate
4-hydroxybutanoic acid monosodium salt
(g) 3,4-methylenedioxymethamphetamine.
Some trade and other names:
Ecstasy
MDMA
N-Benzylpiperazine
Some trade and other names:
BZP
Benzylpiperazine
1-(phenylmethyl)-piperazine
3-Chlorophenylpiperazine
Some trade and other names:
MCPP
1-(3-Trifluoromethylphenyl)piperazine
Some trade and other names:
TFMPP
4-Bromo-2,5-dimethoxybenzylpiperazine
Some trade and other names:
2C-B-BZP
(h) All of the following:
(i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.
Some trade and other names:
HU-210
(ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol and its side chain homologues.
Some trade and other names:
CP47,497
(iii) 1-pentyl-3-(1-naphthoyl)indole.
Some trade and other names:
JWH-018
(iv) 1-butyl-3-(1-naphthoyl)indole.
Some trade and other names:
JWH-073
(v) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone.
Some trade and other names:
JWH-015
(vi) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-naphthalenyl-methanone.
Some trade and other names:
JWH-200
(vii) 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-ethanone.
Some trade and other names:
JWH-250
(i) Mephradone (4-methylmethcathinone).
Some trade and other names:
4-MMC, M-Cat, meow meow, bounce, bubbles, and mad cow
(j) 4-Methyl-alpha-pyrrolidinobutyrophenone.
Some trade and other names:
MPBP
(k) Catha edulis; except as provided in subdivision (l) and section 7218, all parts of the plant presently classified botanically as catha edulis, whether growing or not; the leaves and seeds of that plant; any extract from any part of that plant; and every compound, salt, derivative, mixture, or preparation of that plant or its leaves, seeds, or extracts.
Some trade and other names:
Khat
Qat
(l) Cathinone.
(m) Salvia divinorum; except as provided in subdivision (n), all parts of the plant presently classified botanically as salvia divinorum, whether growing or not; the leaves and seeds of that plant; any extract from any part of that plant; and every compound, salt, derivative, mixture, or preparation of that plant or its leaves, seeds, or extracts.
(n) Salvinorin A.
(2) For purposes of subsection (1), “isomer” includes the optical, position, and geometric isomers.
Sec. 7218. (1) The following controlled substances are included in schedule 4:
(a) Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:
Barbital Flurazepam
Chloral Betaine Lorazepam
Chloral Hydrate Mebutamate
Chlordiazepoxide Meprobamate
Clonazepam Methohexital
Clorazepate Methylphenobarbital
Dextropropoxyphene Oxazepam
Diazepam Paraldehyde
Ethchlorvynol Petrichloral
Ethinamate Phenobarbital
Flunitrazepam Prazepam
(b) Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with an effect on the central nervous system, including their salts, optical, positional, or geometric isomers, and salts of the isomers if the existence of the salts, isomers, and salts of isomers is possible.
Fenfluramine
(c) Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system, including their salts, optical, positional, or geometric isomers, and salts of the isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation.
Diethylpropion
Phentermine
Pemoline, including organometallic complexes and chelates of pemoline.
Cathine
Some trade and other names:
d-norpseudoephedrine
(2) The administrator may except by rule any compound, mixture or preparation containing any substance listed in subsection (1) from the application of all or any part of this article if the compound, mixture or preparation contains 1 or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant or stimulant effect on the central nervous system.
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. 6226 of the 95th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
