Bill Summary – FastDemocracy

HOUSE BILL NO. 5710
 May 07, 2024, Introduced by Reps. Bruck, Friske, Rigas, Bezotte, DeBoyer and Beeler and
   referred to the Committee on Government Operations.
      A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7340c, 7401, 7401c, 7402, 7403, 7404, 7405,
7406, 7410, and 17766c (MCL 333.7340c, 333.7401, 333.7401c,
7402, 333.7403, 333.7404, 333.7405, 333.7406, 333.7410, and
17766c), section 7340c as amended by 2016 PA 125, section 7401
as amended by 2016 PA 548, section 7401c as amended by 2003 PA 310,
section 7402 as amended by 2012 PA 183, section 7403 as amended by
PA 307, section 7404 as amended by 2016 PA 308, section 7405
as amended by 2016 PA 49, section 7410 as amended by 2016 PA 128,
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     and section 17766c as amended by 2014 PA 216.
                    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
         Sec. 7340c. (1) A person shall not solicit another person to
 purchase or otherwise obtain any amount of ephedrine or
 pseudoephedrine knowing that it is to be used for the purpose of
 illegally manufacturing methamphetamine.
         (2) Except as provided in subsection (3), a person who
 violates this section is guilty of a felony punishable by
 imprisonment for not more less than 10 years 182 days or more than
 life or any term of years or a fine of not more than $10,000.00, or
 both.
         (3) A person who attempts to violate subsection (1) 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.
         (4) This section does not prohibit the person from being
 charged with, convicted of, or sentenced for any other violation of
 law committed by the person while violating this section.
         (5) If a person is convicted of violating this section, the
 court shall report the violation to the department of state police.
         (6) For purposes of this section:
         (a) "Ephedrine" includes the salts and isomers and salts of
 isomers of ephedrine.
         (b) "Pseudoephedrine" includes the salts and isomers and salts
 of isomers of pseudoephedrine.
         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
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 not dispense, prescribe, or administer a controlled substance for
 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.
         (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 less
 than 30 15 years or more than life or any term of years or a fine
 of not more than $500,000.00, or both.
         (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 less than 20 10
 years or more than life or any term of years or a fine of not more
 than $250,000.00, or both.
         (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 less than 20 5 years or more than life
 or any term of 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)(h) or 7214(c)(ii)
 is guilty of a felony punishable by imprisonment for not more less
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 than 20 15 years or more than life or any term of years or a fine
 of not more than $25,000.00, or both.
         (ii) Any other controlled substance classified in schedule 1,
 2, or 3, except marihuana or a substance listed in section
 7212(1)(d), is guilty of a felony punishable by imprisonment for
 not more less than 7 10 years or more than life or any term of
 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 less than 4 5 years or more
 than life or any term of 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 less than 15 4 years or more
 than life or any term of 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 less than 7 4 years or more than life or
 any term of 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 less than 4 years or more than
 life or any term of 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.
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       (f) A prescription form or a counterfeit prescription form is
 guilty of a felony punishable by imprisonment for not more less
 than 7 4 years or more than life or any term of 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.
       (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) 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.
       Sec. 7401c. (1) A person shall not do any of the following:
       (a) Own, possess, or use a vehicle, building, structure,
 place, or area that he or she the person knows or has reason to
 know is to be used as a location to manufacture a controlled
 substance in violation of section 7401 or a counterfeit substance
 or a controlled substance analogue in violation of section 7402.
       (b) Own or possess any chemical or any laboratory equipment
 that he or she the person knows or has reason to know is to be used
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 for the purpose of manufacturing a controlled substance in
 violation of section 7401 or a counterfeit substance or a
 controlled substance analogue in violation of section 7402.
         (c) Provide any chemical or laboratory equipment to another
 person knowing or having reason to know that the other person
 intends to use that chemical or laboratory equipment for the
 purpose of manufacturing a controlled substance in violation of
 section 7401 or a counterfeit substance or a controlled substance
 analogue in violation of section 7402.
         (2) A person who violates this section is guilty of a felony
 punishable as follows:
         (a) Except as provided in subdivisions (b) to (f), by
 imprisonment for not more less than 10 5 years or more than life or
 any term of years or a fine of not more than $100,000.00, or both.
         (b) If the violation is committed in the presence of a minor,
 by imprisonment for not more less than 20 5 years or more than life
 or any term of years or a fine of not more than $100,000.00, or
 both.
         (c) If the violation involves the unlawful generation,
 treatment, storage, or disposal of a hazardous waste, by
 imprisonment for not more less than 20 5 years or more than life or
 any term of years or a fine of not more than $100,000.00, or both.
         (d) If the violation occurs within 500 feet of a residence,
 business establishment, school property, or church or other house
 of worship, by imprisonment for not more less than 20 5 years or
 more than life or any term of years or a fine of not more than
 $100,000.00, or both.
         (e) If the violation involves the possession, placement, or
 use of a firearm or any other device designed or intended to be
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 used to injure another person, by imprisonment for not more than 25
 years or a fine of not more than $100,000.00, or both.
       (f) If the violation involves or is intended to involve the
 manufacture of a substance described in section 7214(c)(ii), by
 imprisonment for not more less than 20 5 years or more than life or
 any term of years or a fine of not more than $25,000.00, or both.
       (3) This section does not apply to a violation involving only
 a substance described in section 7214(a)(iv) or marihuana, or both.
       (4) This section does not prohibit the person from being
 charged with, convicted of, or punished for any other violation of
 law committed by that person while violating or attempting to
 violate this section.
       (5) A term of imprisonment imposed under this section may be
 served consecutively to any other term of imprisonment imposed for
 a violation of law arising out of the same transaction.
       (6) The court may, as a condition of sentence, order a person
 convicted of a violation punishable under subsection (2)(c) to pay
 response activity costs arising out of the violation.
       (7) As used in this section:
       (a) "Hazardous waste" means that term as defined in section
 11103 of the natural resources and environmental protection act,
 1994 PA 451, MCL 324.11103.
       (b) "Laboratory equipment" means any equipment, device, or
 container used or intended to be used in the process of
 manufacturing a controlled substance, counterfeit substance, or
 controlled substance analogue.
       (c) "Manufacture" means the production, preparation,
 propagation, compounding, conversion, or processing of a controlled
 substance, directly or indirectly by extraction from substances of
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 natural origin, or independently by means of chemical synthesis, or
 by a combination of extraction and chemical synthesis. Manufacture
 does not include any of the following:
         (i) The packaging or repackaging of the substance or labeling
 or relabeling of its container.
         (ii) The preparation or compounding of a controlled substance
 by any of the following:
         (A) A practitioner as an incident to the practitioner's
 administering or dispensing of a controlled substance in the course
 of his or her the practitioner's professional practice.
         (B) A practitioner, or by the practitioner's authorized agent
 under his or her the practitioner's supervision, for the purpose
 of, or as an incident to, research, teaching, or chemical analysis
 and not for sale.
         (d) "Minor" means an individual less than 18 years of age.
         (e) "Response activity costs" means that term as defined in
 section 20101 of the natural resources and environmental protection
 act, 1994 PA 451, MCL 324.20101.
         (f) "School property" means that term as defined in section
 7410.
         (g) "Vehicle" means that term as defined in section 79 of the
 Michigan vehicle code, 1949 PA 300, MCL 257.79.
         Sec. 7402. (1) Except as authorized by this article, a person
 shall not create, manufacture, deliver, or possess with intent to
 deliver a counterfeit substance or a controlled substance analogue
 intended for human consumption. This section does not apply to a
 person who manufactures or distributes a substance in conformance
 with the provisions of an approved new drug application or an
 exemption for investigational use within the meaning of section 505
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 of the federal food, drug, and cosmetic act, 21 U.S.C. 355. 21 USC
 355. For purposes of this section, section 505 of the federal food,
 drug, and cosmetic act, shall be 21 USC 355, is applicable to the
 introduction or delivery for introduction of any new drug into
 intrastate, interstate, or foreign commerce.
       (2) A person who violates this section as to:
       (a) A counterfeit substance classified in schedule 1 or 2
 which that is either a narcotic drug or a drug described in section
 7212(1)(h) or 7214(a)(iv) or (c)(ii), is guilty of a felony
 punishable by imprisonment for not more less than 10 4 years or
 more than life or any term of years or a fine of not more than
 $10,000.00, or both.
       (b) Any other counterfeit substance classified in schedule 1,
 2, or 3, is guilty of a felony punishable by imprisonment for not
 more than 5 years or a fine of not more than $5,000.00, or both.
       (c) A counterfeit 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) A counterfeit 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.
       (e) A controlled substance analogue, is guilty of a felony
 punishable by imprisonment for not more less than 15 4 years or
 more than life or any term of years or a fine of not more than
 $250,000.00, or both.
       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
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 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) 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.
       (ii) 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 punishable by imprisonment for not more less than 30 15
 years or more than life or any term of years or a fine of not more
 than $500,000.00, or both.
       (iii) 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 less than 20 10
 years or more than life or any term of years or a fine of not more
 than $250,000.00, or both.
       (iv) That 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 less than 4 5 years
 or more than life or any term of years or a fine of not more than
 $25,000.00, or both