Bill Text: MI HB6243 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: sentencing guidelines; sentencing guidelines for certain marihuana offenses; update. Amends secs. 13m & 45, ch. XVII of 1927 PA 175 (MCL 777.13m & 777.45).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-12-05 - Bill Electronically Reproduced 12/05/2024 [HB6243 Detail]
Download: Michigan-2023-HB6243-Introduced.html
HOUSE BILL NO. 6243
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 13m and 45 of chapter XVII (MCL 777.13m and 777.45), section 13m as amended by 2016 PA 549 and section 45 as amended by 2013 PA 203.
the people of the state of michigan enact:
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Sec. 13m. This chapter applies to the following felonies enumerated in chapter 333 of the Michigan Compiled Laws:
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M.C.L. |
Category |
Class |
Description |
Stat Max |
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15
16
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18
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20
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25
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28
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333.7340 |
CS |
F |
Sale, distribution, or delivery of product containing ephedrine or pseudoephedrine by mail, internet, or telephone |
4 |
|
333.7340c(2) |
CS |
D |
Soliciting another person to purchase or obtain ephedrine or pseudoephedrine to manufacture methamphetamine |
10 |
|
333.7341(8) |
CS |
G |
Delivery or manufacture of imitation controlled substance |
2 |
|
333.7401(2)(a)(i) |
CS |
A |
Delivery or manufacture of 1,000 or more grams of certain schedule 1 or 2 controlled substances |
Life |
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333.7401(2)(a)(ii) |
CS |
A |
Delivery or manufacture of 450 or more but less than 1,000 grams of certain schedule 1 or 2 controlled substances |
30 |
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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333.7401(2)(a)(iii) |
CS |
B |
Delivery or manufacture of 50 or more but less than 450 grams of certain schedule 1 or 2 controlled substances |
20 |
|
333.7401(2)(a)(iv) |
CS |
D |
Delivery or manufacture of less than 50 grams of certain schedule 1 or 2 controlled substances |
20 |
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333.7401(2)(b)(i) |
CS |
B |
Delivery or manufacture of methamphetamine or 3, 4-methylenedioxymethamphetamine |
20 |
|
333.7401(2)(b)(ii) |
CS |
E |
Delivery or manufacture of certain schedule 1, 2, or 3 controlled substances |
7 |
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333.7401(2)(c) |
CS |
F |
Delivery or manufacture of schedule 4 controlled substance |
4 |
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4
5
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20
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333.7401(2)(d)(i) |
CS |
C |
Delivery or manufacture of 45 or more kilograms of marihuana or synthetic equivalents of marihuana |
15 |
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333.7401(2)(d)(ii) |
CS |
D |
Delivery or manufacture of 5 or more but less than 45 kilograms of marihuana or synthetic equivalents of marihuana |
7 |
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333.7401(2)(d)(iii) |
CS |
F |
Delivery or manufacture of less than 5 kilograms or 20 plants of marihuana or of synthetic equivalents of marihuana |
4 |
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333.7401(2)(e) |
CS |
G |
Delivery or manufacture of schedule 5 controlled substance |
2 |
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333.7401(2)(f) |
CS |
D |
Delivery or manufacture of a prescription form or counterfeit prescription form |
7 |
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333.7401a |
Person |
B |
Delivering a controlled substance or GBL with intent to commit criminal sexual conduct |
20 |
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333.7401b(3)(a) |
CS |
E |
Delivery or manufacture of GBL |
7 |
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333.7401b(3)(b) |
CS |
G |
Possession of GBL |
2 |
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333.7401c(2)(a) |
CS |
D |
Operating or maintaining controlled substance laboratory |
10 |
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333.7401c(2)(b) |
CS |
B |
Operating or maintaining controlled substance laboratory in presence of minor |
20 |
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333.7401c(2)(c) |
CS |
B |
Operating or maintaining controlled substance laboratory involving hazardous waste |
20 |
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333.7401c(2)(d) |
CS |
B |
Operating or maintaining controlled substance laboratory near certain places |
20 |
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333.7401c(2)(e) |
CS |
A |
Operating or maintaining controlled substance laboratory involving firearm or other harmful device |
25 |
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20
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25
26
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333.7401c(2)(f) |
CS |
B |
Operating or maintaining controlled substance laboratory involving methamphetamine |
20 |
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333.7402(2)(a) |
CS |
D |
Delivery or manufacture of certain counterfeit controlled substances |
10 |
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333.7402(2)(b) |
CS |
E |
Delivery or manufacture of schedule 1, 2, or 3 counterfeit controlled substance |
5 |
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333.7402(2)(c) |
CS |
F |
Delivery or manufacture of counterfeit schedule 4 controlled substance |
4 |
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333.7402(2)(d) |
CS |
G |
Delivery or manufacture of counterfeit schedule 5 controlled substance |
2 |
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333.7402(2)(e) |
CS |
C |
Delivery or manufacture of controlled substance analogue |
15 |
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4
5
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15
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25
26
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29
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333.7403(2)(a)(i) |
CS |
A |
Possession of 1,000 or more grams of certain schedule 1 or 2 controlled substances |
Life |
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333.7403(2)(a)(ii) |
CS |
A |
Possession of 450 or more but less than 1,000 grams of certain schedule 1 or 2 controlled substances |
30 |
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333.7403(2)(a)(iii) |
CS |
B |
Possession of 50 or more but less than 450 grams of certain schedule 1 or 2 controlled substances |
20 |
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333.7403(2)(a)(iv) |
CS |
G |
Possession of 25 or more but less than 50 grams of certain schedule 1 or 2 controlled substances |
4 |
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333.7403(2)(a)(v) |
CS |
G |
Possession of less than 25 grams of certain schedule 1 or 2 controlled substances |
4 |
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333.7403(2)(b)(i) |
CS |
D |
Possession of methamphetamine or 3, 4-methylenedioxymethamphetamine |
10 |
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25
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27
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333.7403(2)(b)(ii) |
CS |
G |
Possession of certain schedule 1, 2, 3, or 4 controlled substances or controlled substances analogue |
2 |
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333.7403a |
CS |
F |
Fraudulently obtaining controlled substance or prescription for controlled substance |
4 |
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333.7405(1)(a) |
CS |
G |
Controlled substance violations by licensee |
2 |
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333.7405(1)(b) |
CS |
G |
Manufacturing or distribution violations by licensee |
2 |
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333.7405(1)(c) |
CS |
G |
Refusing lawful inspection |
2 |
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333.7405(1)(d) |
CS |
G |
Maintaining drug house |
2 |
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333.7405(1)(e) |
CS |
G |
Unlawfully dispensing out-of-state prescription |
2 |
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333.7407(1)(a) |
CS |
G |
Controlled substance violations by licensee |
4 |
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333.7407(1)(b) |
CS |
G |
Use of fictitious, revoked, or suspended license number |
4 |
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333.7407(1)(c) |
CS |
G |
Obtaining controlled substance by fraud |
4 |
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333.7407(1)(d) |
CS |
G |
False reports under controlled substance article |
4 |
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333.7407(1)(e) |
CS |
G |
Possession of counterfeiting implements |
4 |
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333.7407(1)(f) |
CS |
F |
Disclosing or obtaining prescription informationPossession of a counterfeit prescription form |
4 |
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333.7407(1)(g) |
CS |
F |
Possession of counterfeit prescription form |
4 |
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333.7407(2) |
CS |
G |
Refusing to furnish records under controlled substance article |
4 |
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333.7410a |
CS |
G |
Controlled substance offense or offense involving GBL in or near a park |
2 |
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333.7417 |
CS |
F |
Sell or offer to sell named product producing same or similar effect as scheduled ingredient |
4 |
Sec. 45. (1) Offense variable 15 is aggravated controlled substance offenses. Score offense variable 15 by determining which
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of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
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(a) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 1,000 or more grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)...................... |
100 points |
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(b) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 450 grams or more but less than 1,000 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)...................... |
75 points |
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(c) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 50 or more grams but less than 450 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)...................... |
50 points |
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(d) The offense involved traveling from another state or country to this state while in possession of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7212 or 7214 with the intent to deliver that mixture in this state............ |
50 Points |
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(e) The offense involved the sale or delivery of a controlled substance other than marihuana or a mixture containing a controlled substance other than marihuana by the offender who was 18 years of age or older to a minor who was 3 or more years younger than the offender......................... |
25 points |
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(f) The offense involved the sale, delivery, or possession with intent to sell or deliver 45 kilograms or more of marihuana or 200 or more of marihuana plants........................... |
10 points |
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(f) (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) and was committed in a minor's abode, settled home, or domicile, regardless of whether the minor was present...................... |
10 points |
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(g) (h) The offense involved the delivery or possession with intent to deliver marihuana or any other a controlled substance or a counterfeit controlled substance or possession of controlled substances or counterfeit controlled substances having a value or under such circumstances as to indicate trafficking...................... |
5 points |
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(h) (i) The offense was not an offense described in subdivisions (a) through (h)(g).................. |
0 points |
(2) As used in this section:
(a) "Deliver" means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.
(b) "Minor" means an individual 17 years of age or less.
(c) "Trafficking" means the sale or delivery of controlled substances or counterfeit controlled substances on a continuing basis to 1 or more other individuals for further distribution.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6241 (request no. 04241'23) of the 102nd Legislature is enacted into law.
