Bill Summary – FastDemocracy

HOUSE BILL NO. 5128
     October 12, 2023, Introduced by Reps. Skaggs, Wilson and Filler and referred to the Committee
       on Criminal Justice.
          A bill to amend 1978 PA 368, entitled
    "Public health code,"
    by amending section 7401 (MCL 333.7401), as amended by 2016 PA 548.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 7401. (1) Except as authorized by this article, a person
 shall not manufacture, create, deliver, or possess with intent to
 manufacture, create, or deliver a controlled substance, a
 prescription form, or a counterfeit prescription form. A
 practitioner licensed by the administrator under this article shall
 not dispense, prescribe, or administer a controlled substance for
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 other than legitimate and professionally recognized therapeutic or
 scientific purposes or outside the scope of practice of the
 practitioner, licensee, or applicant.
       (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 That 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, as provided under subsection (5).
       (ii) Which That 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 and punishable by imprisonment for not more than
 30 years or a fine, of not more than $500,000.00, or both, as
 provided under subsection (6).
       (iii) Which That 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, as provided under
 subsection (7).
       (iv) Which That is in an amount less than 50 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 $25,000.00, or both, as provided under subsection (8).
       (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
 20 years or a fine of not more than $25,000.00, or both.
       (ii) Any other controlled substance classified in schedule 1,
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 2, or 3, except marihuana, or a substance listed in section
 7212(1)(d), or a substance listed in subsections (5) to (8), is
 guilty of a felony punishable by imprisonment for not more than 7
 years or a fine of not more than $10,000.00, or both.
       (c) A substance classified in schedule 4 is guilty of a felony
 punishable by imprisonment for not more than 4 years or a fine of
 not more than $2,000.00, or both.
       (d) Marihuana, a mixture containing marihuana, or a substance
 listed in section 7212(1)(d) is guilty of a felony punishable as
 follows:
       (i) If the amount is 45 kilograms or more, or 200 plants or
 more, by imprisonment for not more than 15 years or a fine of not
 more than $10,000,000.00, or both.
       (ii) If the amount is 5 kilograms or more but less than 45
 kilograms, or 20 plants or more but fewer than 200 plants, by
 imprisonment for not more than 7 years or a fine of not more than
 $500,000.00, or both.
       (iii) If the amount is less than 5 kilograms or fewer than 20
 plants, by imprisonment for not more than 4 years or a fine of not
 more than $20,000.00, or both.
       (e) A substance classified in schedule 5 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.
       (f) A prescription form or a counterfeit prescription form is
 guilty of a felony punishable by imprisonment for not more than 7
 years or a fine of not more than $5,000.00, or both.
       (3) A term of imprisonment imposed under subsection (2)(a) may
 be imposed to run consecutively with any term of imprisonment
 imposed for the commission of another felony.
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       (4) 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.
       (5) A person who violates this section as described in
 subsection (2)(a)(i) is subject to the following penalties:
       (a) If the substance is heroin, fentanyl, carfentanil, or any
 derivative of heroin, fentanyl, or carfentanil, by imprisonment for
 life or any term of years or a fine of not more than $1,000,000.00.
       (b) If the substance is a substance that is not listed in
 subdivision (a), by imprisonment for not more than 30 years or a
 fine of not more than $1,000,000.00, or both.
       (6) A person who violates this section as described in
 subsection (2)(a)(ii) is subject to the following penalties:
       (a) If the substance is heroin, fentanyl, carfentanil, or any
 derivative of heroin, fentanyl, or carfentanil, by imprisonment for
 not more than 30 years or a fine of not more than $500,000.00.
       (b) If the substance is a substance that is not listed in
 subdivision (a), by imprisonment for not more than 20 years or a
 fine of not more than $500,000.00, or both.
       (7) A person who violates this section as described in
 subsection (2)(a)(iii) is subject to the following penalties:
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         (a) If the substance is heroin, fentanyl, carfentanil, or any
 derivative of heroin, fentanyl, or carfentanil, by imprisonment for
 not more than 20 years or a fine of not more than $250,000.00, or
 both.
         (b) If the substance is a substance that is not listed in
 subdivision (a), by imprisonment for not more than 20 years or a
 fine of not more than $250,000.00, or both.
         (8) A person who violates this section as described in
 subsection (2)(a)(iv) is subject to the following penalties:
         (a) If the substance is heroin, fentanyl, carfentanil, or any
 derivative of heroin, fentanyl, or carfentanil, by imprisonment for
 not more than 20 years or a fine of not more than $25,000.00, or
 both.
         (b) If the substance is a substance that is not listed under
 subdivision (a), by imprisonment for not more than 10 years or a
 fine of not more than $25,000.00, or both.
         (9) (5) As used in this section, "plant" means a marihuana
 plant that has produced cotyledons or a cutting of a marihuana
 plant that has produced cotyledons.
         Enacting section 1. This amendatory act takes effect 90 days
 after the date it is enacted into law.
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Statutes affected: 
House Introduced Bill: 333.7401