SENATE BILL NO. 499
September 14, 2023, Introduced by Senator IRWIN and referred to the Committee on Regulatory
Affairs.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7401, 7403, and 7404 (MCL 333.7401, 333.7403,
and 333.7404), section 7401 as amended by 2016 PA 548, section 7403
as amended by 2016 PA 307, and section 7404 as amended by 2016 PA
308.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7401. (1) Except as authorized by this article, a person
2 shall not manufacture, create, deliver, or possess with intent to
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1 manufacture, create, or deliver a controlled substance, a
2 prescription form, or a counterfeit prescription form. A
3 practitioner licensed by the administrator under this article shall
4 not dispense, prescribe, or administer a controlled substance for
5 other than legitimate and professionally recognized therapeutic or
6 scientific purposes or outside the scope of practice of the
7 practitioner, licensee, or applicant.
8 (2) A person who violates this section as to:
9 (a) A controlled substance classified in schedule 1 or 2 that
10 is a narcotic drug or a drug described in section 7214(a)(iv) and:
11 (i) Which is in an amount of 1,000 grams or more of any mixture
12 containing that substance is guilty of a felony punishable by
13 imprisonment for life or any term of years or a fine of not more
14 than $1,000,000.00, or both.
15 (ii) Which is in an amount of 450 grams or more, but less than
16 1,000 grams, of any mixture containing that substance is guilty of
17 a felony and punishable by imprisonment for not more than 30 years
18 or a fine of not more than $500,000.00, or both.
19 (iii) Which is in an amount of 50 grams or more, but less than
20 450 grams, of any mixture containing that substance is guilty of a
21 felony punishable by imprisonment for not more than 20 years or a
22 fine of not more than $250,000.00, or both.
23 (iv) Which is in an amount less than 50 grams, of any mixture
24 containing that substance is guilty of a felony punishable by
25 imprisonment for not more than 20 years or a fine of not more than
26 $25,000.00, or both.
27 (b) Either of the following:
28 (i) A substance described in section 7212(1)(h) or 7214(c)(ii)
29 is guilty of a felony punishable by imprisonment for not more than
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1 20 years or a fine of not more than $25,000.00, or both.
2 (ii) Any other controlled substance classified in schedule 1,
3 2, or 3, except marihuana or a substance listed in section
4 7212(1)(d), is guilty of a felony punishable by imprisonment for
5 not more than 7 years or a fine of not more than $10,000.00, or
6 both.
7 (c) A substance classified in schedule 4 is guilty of a felony
8 punishable by imprisonment for not more than 4 years or a fine of
9 not more than $2,000.00, or both.
10 (d) Marihuana, a mixture containing marihuana, or a substance
11 listed in section 7212(1)(d) is guilty of a felony punishable as
12 follows:
13 (i) If the amount is 45 kilograms or more, or 200 marihuana
14 plants or more, by imprisonment for not more than 15 years or a
15 fine of not more than $10,000,000.00, or both.
16 (ii) If the amount is 5 kilograms or more but less than 45
17 kilograms, or 20 marihuana plants or more but fewer than 200
18 marihuana plants, by imprisonment for not more than 7 years or a
19 fine of not more than $500,000.00, or both.
20 (iii) If the amount is less than 5 kilograms or fewer than 20
21 marihuana plants, by imprisonment for not more than 4 years or a
22 fine of not more than $20,000.00, or both.
23 (e) A substance classified in schedule 5 is guilty of a felony
24 punishable by imprisonment for not more than 2 years or a fine of
25 not more than $2,000.00, or both.
26 (f) A prescription form or a counterfeit prescription form is
27 guilty of a felony punishable by imprisonment for not more than 7
28 years or a fine of not more than $5,000.00, or both.
29 (3) A term of imprisonment imposed under subsection (2)(a) may
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1 be imposed to run consecutively with any term of imprisonment
2 imposed for the commission of another felony.
3 (4) If an individual was sentenced to lifetime probation under
4 subsection (2)(a)(iv) as it existed before March 1, 2003 and the
5 individual has served 5 or more years of that probationary period,
6 the probation officer for that individual may recommend to the
7 court that the court discharge the individual from probation. If an
8 individual's probation officer does not recommend discharge as
9 provided in this subsection, with notice to the prosecutor, the
10 individual may petition the court seeking resentencing under the
11 court rules. The court may discharge an individual from probation
12 as provided in this subsection. An individual may file more than 1
13 motion seeking resentencing under this subsection.
14 (5) An individual is not in violation of this section related
15 to an entheogenic plant or fungus if the individual manufactures,
16 creates, delivers, or possesses with intent to manufacture, create,
17 or deliver the entheogenic plant or fungus without receiving money
18 or other valuable consideration for the entheogenic plant or
19 fungus.
20 (6) (5) As used in this section: , "plant"
21 (a) "Entheogenic plant or fungus" means a plant or fungus of
22 any species in which there is naturally occurring any of the
23 following substances listed in section 7212(1)(c), including any
24 mixture or preparation thereof, or any other natural material
25 containing an indole amine, tryptamine, or phenethylamine compound:
26 (i) Dimethyltryptamine.
27 (ii) Ibogaine.
28 (iii) Mescaline.
29 (iv) Psilocybin.
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1 (v) Psilocyn.
2 (b) "Marihuana plant" means a marihuana plant that has
3 produced cotyledons or a cutting of a marihuana plant that has
4 produced cotyledons.
5 (c) "Money or other valuable consideration" does not include a
6 reasonable fee for counseling, spiritual guidance, or a related
7 service that is provided in conjunction with the use of an
8 entheogenic plant or fungus under the guidance and supervision of
9 an individual providing the service.
10 Sec. 7403. (1) A person shall not knowingly or intentionally
11 possess a controlled substance, a controlled substance analogue, or
12 a prescription form unless the controlled substance, controlled
13 substance analogue, or prescription form was obtained directly
14 from, or pursuant to, a valid prescription or order of a
15 practitioner while acting in the course of the practitioner's
16 professional practice, or except as otherwise authorized by this
17 article.
18 (2) A person who violates this section as to:
19 (a) A controlled substance classified in schedule 1 or 2 that
20 is a narcotic drug or a drug described in section 7214(a)(iv), and:
21 (i) That is in an amount of 1,000 grams or more of any mixture
22 containing that substance is guilty of a felony punishable by
23 imprisonment for life or any term of years or a fine of not more
24 than $1,000,000.00, or both.
25 (ii) That is in an amount of 450 grams or more, but less than
26 1,000 grams, of any mixture containing that substance is guilty of
27 a felony punishable by imprisonment for not more than 30 years or a
28 fine of not more than $500,000.00, or both.
29 (iii) That is in an amount of 50 grams or more, but less than
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1 450 grams, of any mixture containing that substance is guilty of a
2 felony punishable by imprisonment for not more than 20 years or a
3 fine of not more than $250,000.00, or both.
4 (iv) That is in an amount of 25 grams or more, but less than 50
5 grams of any mixture containing that substance is guilty of a
6 felony punishable by imprisonment for not more than 4 years or a
7 fine of not more than $25,000.00, or both.
8 (v) That is in an amount less than 25 grams of any mixture
9 containing that substance is guilty of a felony punishable by
10 imprisonment for not more than 4 years or a fine of not more than
11 $25,000.00, or both.
12 (b) Either of the following:
13 (i) A substance described in section 7212(1)(h) or 7214(c)(ii)
14 is guilty of a felony punishable by imprisonment for not more than
15 10 years or a fine of not more than $15,000.00, or both.
16 (ii) A controlled substance classified in schedule 1, 2, 3, or
17 4, except a controlled substance for which a penalty is prescribed
18 in subparagraph (i) or subdivision (a), (c), or (d), or a controlled
19 substance analogue is guilty of a felony punishable by imprisonment
20 for not more than 2 years or a fine of not more than $2,000.00, or
21 both.
22 (c) Lysergic acid diethylamide, peyote, mescaline,
23 dimethyltryptamine, psilocyn, psilocybin, or a controlled substance
24 classified in schedule 5 is guilty of a misdemeanor punishable by
25 imprisonment for not more than 1 year or a fine of not more than
26 $2,000.00, or both.
27 (d) Marihuana or a substance listed in section 7212(1)(d) is
28 guilty of a misdemeanor punishable by imprisonment for not more
29 than 1 year or a fine of not more than $2,000.00, or both.
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1 (e) A prescription form is guilty of a misdemeanor punishable
2 by imprisonment for not more than 1 year or a fine of not more than
3 $1,000.00, or both.
4 (3) The following individuals are not in violation of this
5 section:
6 (a) An individual who seeks medical assistance for himself or
7 herself or who requires medical assistance and is presented for
8 assistance by another individual if he or she is incapacitated
9 because of a drug overdose or other perceived medical emergency
10 arising from the use of a controlled substance or a controlled
11 substance analogue that he or she possesses or possessed in an
12 amount sufficient only for personal use and the evidence of his or
13 her violation of this section is obtained as a result of the
14 individual's seeking or being presented for medical assistance.
15 (b) An individual who in good faith attempts to procure
16 medical assistance for another individual or who accompanies
17 another individual who requires medical assistance for a drug
18 overdose or other perceived medical emergency arising from the use
19 of a controlled substance or a controlled substance analogue that
20 he or she possesses or possessed in an amount sufficient only for
21 personal use and the evidence of his or her violation of this
22 section is obtained as a result of the individual's attempting to
23 procure medical assistance for another individual or as a result of
24 the individual's accompanying another individual who requires
25 medical assistance to a health facility or agency.
26 (c) An individual who possesses an entheogenic plant or fungus
27 is not in violation of this section for possessing the entheogenic
28 plant or fungus.
29 (4) A health facility or agency shall develop a process for
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1 notification of the parent or parents, guardian, or custodian of a
2 minor under the age of 18 who is not emancipated under 1968 PA 293,
3 MCL 722.1 to 722.6, and who voluntarily presents himself or
4 herself, or is presented by another individual if he or she is
5 incapacitated, to a health facility or agency for emergency medical
6 treatment as provided in subsection (3)(a) and (b). A health
7 facility or agency shall not provide notification to a parent or
8 parents, guardian, or custodian under this subsection for
9 nonemergency treatment without obtaining the minor's consent.
10 (5) The exemption from prosecution under this section provided
11 in subsection (3) does not prevent the investigation, arrest,
12 charging, or prosecution of an individual for any other violation
13 of the laws of this state or be grounds for suppression of evidence
14 in the prosecution of any other criminal charges.
15 (6) If an individual was sentenced to lifetime probation under
16 subsection (2)(a)(iv) as it existed before March 1, 2003 and the
17 individual has served 5 or more years of that probationary period,
18 the probation officer for that individual may recommend to the
19 court that the court discharge the individual from probation. If an
20 individual's probation officer does not recommend discharge as
21 provided in this subsection, with notice to the prosecutor, the
22 individual may petition the court seeking resentencing under the
23 court rules. The court may discharge an individual from probation
24 as provided in this subsection. An individual may file more than 1
25 motion seeking resentencing under this subsection.
26 (7) As used in this section:
27 (a) "Drug overdose" means a condition including, but not
28 limited to, extreme physical illness, decreased level of
29 consciousness, respiratory depression, coma, mania, or death, that
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1 is the result of consumption or use of a controlled substance or a
2 controlled substance analogue or a substance with which the
3 controlled substance or controlled substance analogue was combined,
4 or that a layperson would reasonably believe to be a drug overdose
5 that requires medical assistance.
6 (b) "Entheogenic plant or fungus" means a plant or fungus of
7 any species in which there is naturally occurring any of the
8 following substances listed in section 7212(1)(c), including any
9 mixture or preparation thereof, or any other natural material
10 containing an indole amine, tryptamine, or phenethylamine compound:
11 (i) Dimethyltryptamine.
12 (ii) Ibogaine.
13 (iii) Mescaline.
14 (iv) Psilocybin.
15 (v) Psilocyn.
16 (c) (b) "Seeks medical assistance" means reporting a drug
17 overdose or other medical emergency to law enforcement, the 9-1-1
18 system, a poison control center, or a medical provider, or
19 assisting someone in reporting a drug overdose or other medical
20 emergency.
21 Sec. 7404. (1) A person shall not use a controlled substance
22 or controlled substance analogue unless the substance was obtained
23 directly from, or pursuant to, a valid prescription or order of a
24 practitioner while acting in the course of the practitioner's
25 professional practice, or except as otherwise authorized by this
26 article.
27 (2) A person who violates this section as to:
28 (a) A controlled substance classified in schedule 1 or 2 as a
29 narcotic drug or a drug described in section 7212(1)(h) or
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1 7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by
2 imprisonment for not more than 1 year or a fine of not more than
3 $2,000.00, or both.
4 (b) A controlled substance classified in schedule 1, 2, 3, or
5 4, except a controlled substance for which a penalty is prescribed
6 in subdivision (a), (c), or (d), or a controlled substance
7 analogue, is guilty of a misdemeanor punishable by imprisonment for
8 not more than 1 year or a fine of not more than $1,000.00, or both.
9 (c) Lysergic acid diethylamide, peyote, mescaline,
10 dimethyltryptamine, psilocyn, psilocybin, or a controlled substance
11 classified in schedule 5 is guilty of a misdemeanor punishable by
12 imprisonment for not more than 6 months or a fine of not more than
13 $500.00, or both.
14 (d) Marihuana, catha edulis, salvia divinorum, Catha edulis,
15 Salva divinorum, or a substance described in section 7212(1)(d) or
16 (i) is guilty of a misdemeanor punishable by imprisonment for not
17 more than 90 days or a fine of not more than $100.00, or both.
18 (3) The following individuals are not in violation of this
19 section:
20 (a) An individual who seeks medical assistance for himself or
21 herself or who requires medical assistance and is presented for
22 assistance by another individual if he or she is incapacitated
23 because of a drug overdose or other perceived medical emergency
24 arising from the use of a controlled substance or a controlled
25 substance analogue that he or she possesses or possessed in an
26 amount sufficient only for personal use and the evidence of his or
27 her violation of this section is obtained as a result of the
28 individual's seeking or being presented for medical assistance.
29 (b) An individual who in good faith attempts to procure
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