Bill Text: MI SB0099 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Crimes; controlled substances; possession of certain schedule 1 controlled substances; prohibit, and provide a penalty. Amends sec. 7403 of 1978 PA 368 (MCL 333.7403).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-04-28 - Referred To Second Reading [SB0099 Detail]

Download: Michigan-2011-SB0099-Engrossed.html

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SB-0099, As Passed Senate, February 15, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 99

 

 

February 1, 2011, 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 7403 (MCL 333.7403), as amended by 2010 PA 352.

 

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)(g) 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, catha edulis, salvia divinorum, or a substance

 

described in section 7212(1)(h) 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.

 

     (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.