Bill Text: MI SB1175 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Controlled substances; marihuana; penalty for manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver certain synthetic substances; revise. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0548'16 [SB1175 Detail]
Download: Michigan-2015-SB1175-Introduced.html
SENATE BILL No. 1175
November 10, 2016, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7401. (1) Except as authorized by this article, a person
shall not manufacture, create, deliver, or possess with intent to
manufacture, create, or deliver a controlled substance, a
prescription form, or a counterfeit prescription form. A
practitioner licensed by the administrator under this article shall
not dispense, prescribe, or administer a controlled substance for
other than legitimate and professionally recognized therapeutic or
scientific purposes or outside the scope of practice of the
practitioner, licensee, or applicant.
(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 and 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 less than 50 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
$25,000.00, or both.
(b) Either of the following:
(i) A substance described in section 7212(1)(h) or 7214(c)(ii)
is guilty of a felony punishable by imprisonment for not more than
20 years or a fine of not more than $25,000.00, or both.
(ii) Any other controlled substance classified in schedule 1,
2, or 3, except marihuana or a substance listed in section
7212(1)(d), is guilty of a felony punishable by imprisonment for
not more than 7 years or a fine of not more than $10,000.00, or
both.
(c) A substance classified in schedule 4 is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $2,000.00, or both.
(d)
Marihuana, or a mixture containing marihuana, or a
substance listed in section 7212(1)(d) is guilty of a felony
punishable as follows:
(i) If the amount is 45 kilograms or more, or 200 plants or
more, by imprisonment for not more than 15 years or a fine of not
more than $10,000,000.00, or both.
(ii) If the amount is 5 kilograms or more but less than 45
kilograms, or 20 plants or more but fewer than 200 plants, by
imprisonment for not more than 7 years or a fine of not more than
$500,000.00, or both.
(iii) If the amount is less than 5 kilograms or fewer than 20
plants, by imprisonment for not more than 4 years or a fine of not
more than $20,000.00, or both.
(e) A substance classified in schedule 5 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.
(f) A prescription form or a counterfeit prescription form is
guilty of a felony punishable by imprisonment for not more than 7
years or a fine of not more than $5,000.00, or both.
(3) A term of imprisonment imposed under subsection (2)(a) may
be imposed to run consecutively with any term of imprisonment
imposed for the commission of another felony.
(4) If an individual was sentenced to lifetime probation under
subsection (2)(a)(iv) as it existed before March 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.
(5) As used in this section, "plant" means a marihuana plant
that has produced cotyledons or a cutting of a marihuana plant that
has produced cotyledons.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
