Legislative Analysis
Phone: (517) 373-8080
REVISE PENALTIES FOR CERTAIN NARCOTIC DRUGS
http://www.house.mi.gov/hfa
House Bill 5124 as introduced Analysis available at
Sponsor: Rep. Ann Bollin http://www.legislature.mi.gov
House Bill 5125 as introduced
Sponsor: Rep. Sarah Lightner
House Bill 5126 as introduced
Sponsor: Rep. Angela Witwer
Committee: Criminal Justice
Revised 3-12-24
SUMMARY:
House Bills 5124, 5125, and 5126 would change penalties and sentencing recommendations
for violations involving the manufacture or delivery, or possession with intent to manufacture
or deliver, of cocaine and Schedule 1 and 2 narcotic drugs (opium, opiates, and their
derivatives). Generally speaking:
• The bills would raise felony classifications in the sentencing guidelines for certain
violations involving heroin, fentanyl, or carfentanil or their derivatives.
• The bills would lower felony classifications in the sentencing guidelines for certain
violations involving cocaine and certain opium-based drugs.
• The bills would reduce maximum terms of imprisonment for certain violations
involving cocaine, certain opium-based drugs, or opiates other than heroin, fentanyl,
or carfentanil or their derivatives.
• The bills would newly allow probation for violations involving the manufacture or
delivery, or possession with intent to manufacture or deliver, of less than 50 grams of
a mixture containing cocaine, certain opium-based drugs, or opiates other than heroin,
fentanyl, or carfentanil or their derivatives.
• The bills would retain the current maximum terms of imprisonment for violations
involving heroin, fentanyl, or carfentanil or their derivatives.
As noted, the bills would apply only to cocaine and Schedule 1 or 2 narcotic drugs, which
include such substances as carfentanil, clonitazene, codeine, dextromoramide, difenoxin,
etorphine, fentanyl, heroin, hydrocodone (Vicodin®), hydromorphone (Dilaudid®), laudanum,
meperidine (Demerol®), methadone, morphine, nicomorphine, normethadone, opium,
oxycodone (OxyContin®, Percocet®), oxymorphone (Opana®), piritramide, tapentadol, and
tilidine. (See Appendix A for a full list of narcotic drugs on Schedules 1 and 2.)
The bills would not affect penalties or sentencing for Schedule 1 or 2 controlled substances
that are not narcotic drugs, for example such substances as amobarbital (Amytal®), ecstasy
(MDMA), GHB, LSD, marijuana, mescaline (peyote), methamphetamine, methaqualone
(Quaalude®), methcathinone (“cat”), PCP, pentobarbital (Nembutal®), psilocybin (“magic
mushrooms”), secobarbital (Seconal®), or stimulants such as Dexedrine®, Adderall®, or
Ritalin®. Penalties for those violations are found in other areas of the Public Health Code.
House Fiscal Agency Page 1 of 14
 House Bill 5124 would amend the Public Health Code to revise the maximum terms of
imprisonment for certain violations involving the unlawful manufacture or delivery, or
possession with intent to manufacture or deliver, of cocaine or a Schedule 1 or 2 controlled
substance that is a narcotic drug. Generally speaking, with exceptions described below, the
bill would retain current penalties for violations involving heroin, fentanyl, carfentanil, or other
opiates and reduce maximum terms of imprisonment for violations involving cocaine or
Schedule 1 or 2 drugs that are derived from opium and not classed as opiates.
Narcotic drug means opium and opiate; any salt, compound, derivative, or preparation
of opium or opiate; or any salt, compound, isomer, or derivative (or preparation of a
salt, compound, isomer, or derivative) that is chemically equivalent or identical with
opium, opiate, or any salt, compound, derivative, or preparation of opium or opiate.
However, narcotic drug does not include the isoquinoline alkaloids of opium.1
Opiate means a substance with an addiction-forming or addiction-sustaining liability
similar to morphine or that can be converted into a drug with an addiction-forming or
addiction-sustaining liability. 2
Currently, a violation involving cocaine or a Schedule 1 or 2 narcotic drug, or any mixture
containing those substances, is a felony punishable as follows:
• For 1,000 grams or more: imprisonment for life or any term of years or a fine of up to
$1.0 million, or both.
• For at least 450 grams but less than 1,000 grams: imprisonment for up to 30 years or a
fine of up to $500,000, or both.
• For at least 50 grams but less than 450 grams: imprisonment for up to 20 years or a fine
of up to $250,000, or both.
• For less than 50 grams: imprisonment for up to 20 years or a fine of up to $25,000, or
both.
The bill would essentially divide the substances now subject to the above penalties into three
groups subject to different penalties. Under the bill, in the first penalty group, the current
penalties would still apply to a violation involving heroin, fentanyl, or carfentanil; a derivative
of any of those substances; or a mixture containing such a substance or derivative.
The current penalties also would still apply to a violation involving an opiate other than the
substances in the first penalty group; a derivative of any of those opiates; or a mixture
containing such a substance or derivative, except that the maximum term of imprisonment for
a violation involving less than 50 grams would be reduced from 20 years to 10 years.
Finally, a violation involving cocaine or a Schedule 1 or 2 narcotic drug not included in the
above two penalty groups, or a mixture containing it, would be a felony punishable as follows:
• For 1,000 grams or more: imprisonment for up to 30 years or a fine of up to $1.0
million, or both.
1
http://legislature.mi.gov/documents/mcl/pdf/mcl-333-7107.pdf. Narcotic drug includes substances produced
directly or indirectly by extraction from substances of vegetable origin, those produced independently by means of
chemical synthesis, and those produced by a combination of extraction and chemical synthesis
2
http://www.legislature.mi.gov/documents/mcl/pdf/mcl-333-7108.pdf In addition, opiate does not include, unless
specifically designated as controlled under section 7212 of the code, the dextrorotatory isomer of 3-methoxy-n-
methyl-morphinan (dextromethorphan) and its salts—but it does include its racemic and levorotatory forms.
House Fiscal Agency HBs 5124, 5125, and 5126 as introduced Page 2 of 14
 • For at least 450 grams but less than 1,000 grams: imprisonment for up to 20 years or a
fine of up to $500,000, or both.
• For at least 50 grams but less than 450 grams: imprisonment for up to 20 years or a fine
of up to $250,000, or both. (This is the same as current law.)
• For less than 50 grams: imprisonment for up to 10 years or a fine of up to $25,000, or
both.
Table 1 provides a comparison of maximum penalties in current law and the bill.
Table 1. Maximum Penalties under Current Law and House Bill 5124
Current Law House Bill 5124
A B C
Cocaine or a Heroin, fentanyl, Schedule 1 or 2 Cocaine or a Schedule
Schedule 1 or 2 or carfentanil or a opiate not included 1 or 2 controlled
controlled derivative of such in Column A or a substance that is a
substance that is a a substance or a derivative of such a narcotic drug and is not
narcotic drug or any mixture substance or a included in Column A
mixture containing containing such a mixture containing or B or a mixture
those substances substance or such a substance or containing such a
derivative derivative 3 substance 4
1,000 grams or Life Life Life 30 years
more
$1.0 million $1.0 million $1.0 million $1.0 million
At least 450 but 30 years 30 years 30 years 20 years
less than 1,000
grams
$500,000 $500,000 $500,000 $500,000
At least 50 but 20 years 20 years 20 years 20 years
less than 450
grams
$250,000 $250,000 $250,000 $250,000
Less than 50 20 years 20 years 10 years 10 years
grams
$25,000 $25,000 $25,000 $25,000
All violations are felonies punishable by imprisonment, a fine, or both. Penalties shown in
the table are maximums. Shading denotes a proposed change from current law.
MCL 333.7401
3
The penalties for this category would apply to the manufacture, delivery, or possession with intent of such opiates
as, for example, clonitazene, dextromoramide, difenoxin, meperidine (Demerol®), methadone, normethadone,
piritramide, tapentadol, and tilidine. See Appendix A for a more complete listing.
4
The penalties for this category would apply to the manufacture, delivery, or possession with intent of cocaine or such
non-opiate opium-derived drugs as, for example, codeine, etorphine, hydrocodone (Vicodin®), hydromorphone
(Dilaudid®), laudanum, morphine, nicomorphine, opium, oxycodone (OxyContin®, Percocet®), and oxymorphone
(Opana®). See Appendix A for a more complete listing.
House Fiscal Agency HBs 5124, 5125, and 5126 as introduced Page 3 of 14
 House Bill 5126 would amend the sentencing guidelines in the Code of Criminal Procedure to
raise the felony classification of certain crimes involving heroin, fentanyl, or carfentanil and
lower the classifications of certain crimes involving cocaine or Schedule 1 or 2 drugs that are
derived from opium but not classed as opiates. The bill would also reflect the penalty groups
and maximum terms of imprisonment proposed by House Bill 5124.
Table 2 shows the changes proposed by House Bill 5126.
Table 2. Statutory Maximums and Felony Classifications in the
Sentencing Guidelines under Current Law and House Bill 5126
Current Law House Bill 5126
A B C
Cocaine or a Heroin, fentanyl, Schedule 1 or 2 Cocaine or a Schedule
Schedule 1 or 2 or carfentanil or a opiate not included 1 or 2 controlled
controlled derivative of such in Column A or a substance that is a
substance that is a a substance or a derivative of such a narcotic drug and is not
narcotic drug or any mixture substance or a included in Column A
mixture containing containing such a mixture containing or B or a mixture
those substances substance or such a substance or containing such a
derivative derivative substance
1,000 grams or Life Life Life 30 years
more
Class A Class A Class A Class B
At least 450 but 30 years 30 years 30 years 20 years
less than 1,000
grams
Class A Class A Class A Class B
At least 50 but 20 years 20 years 20 years 20 years
less than 450
grams
Class B Class A Class B Class C
Less than 50 20 years 20 years 10 years 10 years
grams
Class D Class B Class D Class D
Shading denotes a change from current law proposed by this bill or bill to reflect changes
proposed by HB 5124.
The bill also would make a technical correction to reflect changes made to the Public Health
Code by 2001 PA 236.
MCL 777.13m
House Fiscal Agency HBs 5124, 5125, and 5126 as introduced Page 4 of 14
 House Bill 5125 would amend the Code of Criminal Procedure to allow a court to order
probation for certain controlled substance offenses. The code generally allows the court to
place a defendant who has been found guilty of a crime on probation if it determines that the
defendant is not likely to engage in an offensive or criminal course of conduct and that the
public good does not require probation to be denied. However, certain crimes, including major
controlled substance offenses, are not eligible for probation.
Major controlled substance offense means a violation of section 7401(2)(a) or
7403(2)(a)(i) to (iv) of the Public Health Code. 5
Under the bill, a defendant could be sentenced to probation for the unlawful manufacture or
delivery, or possession with intent to manufacture or deliver, of cocaine or a Schedule 1 or 2
narcotic drug (except for heroin, fentanyl, or carfentanil or their derivatives) in an amount of
less than 50 grams of any mixture containing that substance. (See Appendix A for a list of
narcotic drugs on Schedules 1 and 2.)
The bill would apply only to those found guilty of manufacturing, delivery, or possession with
intent to manufacture or deliver the specified substances. A defendant found guilty of simple
possession of cocaine or any Schedule 1 or 2 narcotic drug, in any amount, would not be
eligible for probation under the bill.
MCL 771.1
Each bill would take effect 90 days after being enacted. House Bills 5125 and 5126 cannot take
effect unless House Bill 5124 is also enacted.
BACKGROUND:
Drug classifications
A controlled substance is placed in Schedule 1 if it has high potential for abuse and has no
accepted medical use in treatment in the United States or lacks accepted safety for use in
treatment under medical supervision.
A Schedule 2 controlled substance also has high potential for abuse, and its abuse may lead to
severe psychic or physical dependence, but it has currently accepted medical use in treatment
in the United States, including medical use with severe restrictions.
Heroin is not given a specific definition for purposes of the Public Health Code. It is a narcotic
drug that is made from morphine, a substance derived from opium poppy plants. It was first
developed commercially by the Bayer Company in Germany at the end of the 1800s, in part to
address the fact that many cough remedies of the day contained morphine or codeine and thus
themselves were addictive and fostered user tolerance (the need for larger or more frequent
doses to attain the same effect). Heroin is now a Schedule 1 controlled substance, which means
that it has high potential for abuse and no accepted medical uses.
Fentanyl is not given a specific definition for purposes of the Public Health Code. It is a
synthetic narcotic drug that was first synthesized in the 1950s by chemists at Janssen
5
http://legislature.mi.gov/doc.aspx?mcl-333-7401 and http://legislature.mi.gov/doc.aspx?mcl-333-7403. These
provisions establish penalties related to the unlawful possession (section 7403) or unlawful manufacture, delivery, or
possession with intent (section 7401) of cocaine and Schedule 1 or 2 narcotic drugs.
House Fiscal Agency HBs 5124, 5125, and 5126 as introduced Page 5 of 14
 Pharmaceutical in Belgium. It is a Schedule 2 controlled substance, which means that it has
high potential for abuse but some accepted medical uses—most commonly to mitigate the pain
of certain patients with cancer.
Carfentanil is not given a specific definition for purposes of the Public Health Code. It is a
fentanyl-related narcotic drug that was first synthesized by chemists at Janssen Pharmaceutical
in 1974. It is a Schedule 2 controlled substance that is used by veterinarians as a tranquilizer
for elephants and other large mammals. It is not approved for human use.
Cocaine is not given a specific definition for purposes of the Public