Bill Text: MI HB4623 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Controlled substances; marihuana; possession or use of 1 ounce or less of marihuana; decriminalize under certain circumstances. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404).
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2013-04-25 - Printed Bill Filed 04/25/2013 [HB4623 Detail]
Download: Michigan-2013-HB4623-Introduced.html
HOUSE BILL No. 4623
April 24, 2013, Introduced by Reps. Irwin, Callton, Robinson, Cavanagh, Shirkey, Switalski and Hovey-Wright and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as
amended by 2012 PA 183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7403. (1) A person shall not knowingly or intentionally
possess a controlled substance, a controlled substance analogue, or
a prescription form unless the controlled substance, controlled
substance analogue, or prescription form was obtained directly
from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of the practitioner's
professional practice, or except as otherwise authorized by this
article.
(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 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 of 25 grams or more, but less than
50 grams of any mixture containing that substance is guilty of a
felony punishable by imprisonment for not more than 4 years or a
fine of not more than $25,000.00, or both.
(v) Which is in an amount less than 25 grams of any mixture
containing that substance is guilty of a felony punishable by
imprisonment for not more than 4 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
10 years or a fine of not more than $15,000.00, or both.
(ii) A controlled substance classified in schedule 1, 2, 3, or
4, except a controlled substance for which a penalty is prescribed
in
subparagraph (i) or subdivision (a), (b)(i), (c),
or (d), or a
controlled substance analogue 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.
(c) Lysergic acid diethylamide, peyote, mescaline,
dimethyltryptamine, psilocyn, psilocybin, or a controlled substance
classified in schedule 5 is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$2,000.00, or both.
(d) Marihuana, as follows:
(i) Except as provided in subparagraph (ii), the person is
guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $2,000.00, or both.
(ii) If the violation involves 1 ounce of marihuana or less,
the person is responsible for a state civil infraction and is
subject to a fine as follows:
(A) If the person has no prior conviction or finding of
responsibility for violating this subdivision or a local ordinance
substantially corresponding to this subdivision, the person may be
fined not more than $25.00.
(B) If the person has 1 prior conviction or finding of
responsibility for violating this subdivision or a local ordinance
substantially corresponding to this subdivision in any combination,
the person shall be fined not less than $25.00 or more than $50.00.
(C) If the person has more than 1 prior conviction or finding
of responsibility for violating this subdivision or a local
ordinance substantially corresponding to this subdivision in any
combination, the person shall be fined not less than $50.00 or more
than $100.00.
(e) A prescription form is guilty of a misdemeanor punishable
by imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(3) 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.
Sec. 7404. (1) A person shall not use a controlled substance
or controlled substance analogue unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of the practitioner's
professional practice, or except as otherwise authorized by this
article.
(2) A person who violates this section as to:
(a) A controlled substance classified in schedule 1 or 2 as a
narcotic drug or a drug described in section 7212(1)(h) or
7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$2,000.00, or both.
(b) A controlled substance classified in schedule 1, 2, 3, or
4, except a controlled substance for which a penalty is prescribed
in subdivision (a), (c), or (d), or a controlled substance
analogue, is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $1,000.00, or both.
(c) Lysergic acid diethylamide, peyote, mescaline,
dimethyltryptamine, psilocyn, psilocybin, or a controlled substance
classified in schedule 5 is guilty of a misdemeanor punishable by
imprisonment for not more than 6 months or a fine of not more than
$500.00, or both.
(d)
Marihuana, catha Catha edulis, salvia divinorum, or a
substance described in section 7212(1)(i) is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $100.00, or both.
(e) Marihuana is responsible for a state civil infraction and
is subject to a fine as follows:
(i) If the person has no prior conviction or finding of
responsibility for violating this subdivision or a local ordinance
substantially corresponding to this subdivision, the person may be
fined not more than $25.00.
(ii) If the person has 1 prior conviction or finding of
responsibility for violating this subdivision or a local ordinance
substantially corresponding to this subdivision in any combination,
the person shall be fined not less than $25.00 or more than $50.00.
(iii) If the person has more than 1 prior conviction or finding
of responsibility for violating this subdivision or a local
ordinance substantially corresponding to this subdivision in any
combination, the person shall be fined not less than $50.00 or more
than $100.00.
