HOUSE BILL NO. 6241
December 04, 2024, Introduced by Reps. Wilson and Rheingans and referred to the Committee on
Natural Resources, Environment, Tourism and Outdoor Recreation.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7106, 7208, 7212, 7214, 7303, 7401, 7401c,
7403, 7404, 7410, 7411, 7413, 7416, 7451, 8105, 8109, 8111, 8154,
8501, 8503, and 18817 (MCL 333.7106, 333.7208, 333.7212, 333.7214,
333.7303, 333.7401, 333.7401c, 333.7403, 333.7404, 333.7410,
333.7411, 333.7413, 333.7416, 333.7451, 333.8105, 333.8109,
333.8111, 333.8154, 333.8501, 333.8503, and 333.18817), section
7106 as amended by 2021 PA 60, section 7208 as amended by 1999 PA
144, sections 7212 and 7303 as amended and sections 8109, 8111,
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8154, 8501, and 8503 as added by 2013 PA 268, section 7214 as
amended by 2018 PA 107, section 7401 as amended by 2016 PA 548,
section 7401c as amended by 2003 PA 310, section 7403 as amended by
2016 PA 307, section 7404 as amended by 2016 PA 308, section 7410
as amended by 2016 PA 128, section 7411 as amended by 2016 PA 291,
section 7413 as amended by 2017 PA 266, section 7416 as amended by
1995 PA 95, section 7451 as added by 1988 PA 139, and section 18817
as added by 2020 PA 280.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7106. (1) "Immediate precursor" means a substance that
2 the administrator has found to be and by rule designates as being
3 the principal compound commonly used or produced primarily for use
4 and that is an immediate chemical intermediary used or likely to be
5 used in the manufacture of a controlled substance, the control of
6 which is necessary to prevent, curtail, or limit manufacture.
7 (2) "Industrial hemp" means that term as defined in section 3
8 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL
9 1, MCL 333.27953.
10 (2) (3) "Manufacture" means the production, preparation,
11 propagation, compounding, conversion, or processing of a controlled
12 substance, directly or indirectly by extraction from substances of
13 natural origin, or independently by means of chemical synthesis, or
14 by a combination of extraction and chemical synthesis. It includes
15 the packaging or repackaging of the substance or labeling or
16 relabeling of its container, except that it does not include either
17 of the following:
18 (a) The preparation or compounding of a controlled substance
19 by an individual for his or her the individual's own use.
20 (b) The preparation, compounding packaging, or labeling of a
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1 controlled substance by either of the following:
2 (i) A practitioner as an incident to the practitioner's
3 administering or dispensing of a controlled substance in the course
4 of his or her the practitioner's professional practice.
5 (ii) A practitioner, or by the practitioner's authorized agent
6 under his or her the practitioner's supervision, for the purpose
7 of, or as an incident to, research, teaching, or chemical analysis,
8 and not for sale.
9 (4) "Marihuana" means that term as defined in section 3 of the
10 Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL
11 333.27953.
12 Sec. 7208. (1) Authority to control under this article does
13 not extend to distilled spirits, wine, malt beverages, or tobacco,
14 or marihuana.
15 (2) Except as provided in section 7220(1)(c), the
16 administrator shall exclude a nonnarcotic substance from a schedule
17 if the substance, under the federal food, drug, and cosmetic act of
18 1938, 21 U.S.C. USC 301 to 392, 399i, and the laws of this state,
19 may be lawfully sold over the counter without a prescription.
20 Sec. 7212. (1) The following controlled substances are
21 included in schedule 1:
22 (a) Any of the following opiates, including their isomers,
23 esters, the ethers, salts, and salts of isomers, esters, and
24 ethers, unless specifically excepted, when the existence of these
25 isomers, esters, ethers, and salts is possible within the specific
26 chemical designation:
27 Acetylmethadol Difenoxin Noracymethadol
28 Allylprodine Dimenoxadol Norlevorphanol
29 Alpha-acetylmethadol Dimepheptanol Normethadone
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1 Alphameprodine Dimethylthiambutene Norpipanone
2 Alphamethadol Dioxaphetyl butyrate Phenadoxone
3 Benzethidine Dipipanone Phenampromide
4 Betacetylmethadol Ethylmethylthiambutene Phenomorphan
5 Betameprodine Etonitazene Phenoperidine
6 Betamethadol Etoxeridine Piritramide
7 Betaprodine Furethidine Proheptazine
8 Clonitazene Hydroxypethidine Properidine
9 Dextromoramide Ketobemidone Propiram
10 Diampromide Levomoramide Racemoramide
11 Diethylthiambutene Levophenacylmorphan Trimeperidine
12 Morpheridine
13 (b) Any of the following opium derivatives, their salts,
14 isomers, and salts of isomers, unless specifically excepted, when
15 the existence of these salts, isomers, and salts of isomers is
16 possible within the specific chemical designation:
17 Acetorphine Drotebanol Morphine-N-
18 Oxide
19 Acetyldihydrocodeine Etorphine Myrophine
20 Benzylmorphine Heroin Nicocodeine
21 Codeine methylbromide Hydromorphinol Nicomorphine
22 Codeine-N-Oxide Methyldesorphine Normorphine
23 Cyprenorphine Methyldihydromorphine Pholcodine
24 Desomorphine Morphine methylbromide Thebacon
25 Dihydromorphine Morphine methylsulfonate
26 (c) Any material, compound, mixture, or preparation which
27 contains any quantity of the following hallucinogenic substances,
28 their salts, isomers, and salts of isomers, unless specifically
29 excepted, when the existence of these salts, isomers, and salts of
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1 isomers is possible within the specific chemical designation:
2 2-Methylamino-1-phenylpropan-1-one
3 Some trade and other names:
4 Methcathinone
5 Cat
6 Ephedrone
7 3, 4-methylenedioxy amphetamine
8 5-methoxy-3, 4-methylenedioxy
9 amphetamine
10 3, 4, 5-trimethoxy amphetamine
11 Bufotenine
12 Some trade and other names:
13 3-(B-dimethylaminoethyl)-5 hydrozyindole
14 3-(2-dimethylaminoethyl)-5 indolol
15 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine
16 Mappine
17 2, 5-Dimethoxyamphetamine
18 Some trade or other names:
19 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA
20 4-Bromo-2, 5-Dimethoxyamphetamine
21 Some trade or other names:
22 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo
23 2,5-DMA
24 Diethyltryptamine
25 Some trade and other names:
26 N,N-Diethyltryptamine; DET
27 Dimethyltryptamine
28 Some trade or other names:
29 DMT
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1 4-methyl-2, 5-dimethoxyamphetamine
2 Some trade and other names:
3 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine
4 DOM, STP
5 4-methoxyamphetamine
6 Some trade or other names:
7 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;
8 PMA
9 Ibogaine
10 Some trade and other names:
11 7-Ethyl-6,6a,7,8,9,10,12,13
12 Octahydro-2-methoxy-6,9-methano-5H-
13 pyrido (1, 2:1, 2 azepino 4, 5-b) indole
14 tabernanthe iboga
15 Lysergic acid diethylamide
16 Except as provided in subsection (2), Marihuana, including
17 pharmaceutical-grade cannabis
18 Mecloqualone
19 Mescaline
20 Peyote
21 N-ethyl-3 piperidyl benzilate
22 N-methyl-3 piperidyl benzilate
23 Psilocybin
24 Psilocyn
25 Thiophene analog of phencyclidine
26 Some trade or other names:
27 1-(1-(2-thienyl)cyclohexyl) piperidine
28 2-thienyl analog of phencyclidine; TPCP
29 (d) Synthetic equivalents of the substances contained in the
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1 plant, or in the resinous extractives of cannabis and synthetic
2 substances, derivatives, and their isomers with similar chemical
3 structure or pharmacological activity, or both, such as the
4 following, are included in schedule 1:
5 (i) /\1 cis or trans tetrahydrocannabinol, and their optical
6 isomers.
7 (ii) /\6 cis or trans tetrahydrocannabinol, and their optical
8 isomers.
9 (iii) /\3,4, cis or trans tetrahydrocannabinol, and their
10 optical isomers.
11 (e) Synthetic cannabinoids. As used in this subdivision,
12 "synthetic cannabinoids" includes any material, compound, mixture,
13 or preparation that is not otherwise listed as a controlled
14 substance in this schedule or in schedules II 2 through V, 5, is
15 not approved by the federal food United States Food and drug
16 administration Drug Administration as a drug, and contains any
17 quantity of the following substances, their salts, isomers (whether
18 optical, positional, or geometric), homologues (analogs), and salts
19 of isomers and homologues (analogs), unless specifically excepted,
20 whenever the existence of these salts, isomers, homologues
21 (analogs), and salts of isomers and homologues (analogs) is
22 possible within the specific chemical designation:
23 (i) Any compound containing a 3-(1-naphthoyl)indole structure,
24 also known as napthoylindoles, with substitution at the nitrogen
25 atom of the indole ring by an alkyl, haloalkyl, alkenyl,
26 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
27 piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
28 further substituted on the indole ring to any extent and whether or
29 not substituted on the naphthyl ring to any extent. Examples of
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1 this structural class include but are not limited to: JWH-007, JWH-
2 015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210,
3 JWH-398, AM-1220, AM-2201, and WIN-55, 212-2.
4 (ii) Any compound containing a 1H-indol-3-yl-(1-
5 naphthyl)methane structure, also known as napthylmethylindoles,
6 with substitution at the nitrogen atom of the indole ring by an
7 alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-
8 methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group,
9 whether or not further substituted on the indole ring to any extent
10 and whether or not substituted on the naphthyl ring to any extent.
11 Examples of this structural class include but are not limited to:
12 JWH-175, and JWH-184.
13 (iii) Any compound containing a 3-(1-naphthoyl)pyrrole
14 structure, also known as naphthoylpyrroles with substitution at the
15 nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl,
16 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
17 piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
18 further substituted on the pyrrole ring to any extent and whether
19 or not substituted on the naphthyl ring to any extent. Examples of
20 this structural class include but are not limited to: JWH-370, JWH-
21 030.
22 (iv) Any compound containing a naphthylideneindene structure
23 with substitution at the 3-position of the indene ring by an alkyl,
24 haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-
25 2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or
26 not further substituted on the indene ring to any extent and
27 whether or not substituted on the naphthyl ring to any extent.
28 Examples of this structural class include but are not limited to:
29 JWH-176.
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1 (v) Any compound containing a 3-phenylacetylindole structure,
2 also known as phenacetylindoles, with substitution at the nitrogen
3 atom of the indole ring by an alkyl, haloalkyl, alkenyl,
4 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
5 piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
6 further substituted on the indole ring to any extent and whether or
7 not substituted on the phenyl ring to any extent. Examples of this
8 structural class include but are not limited to: RCS-8 (SR-18),
9 JWH-250, JWH-203, JWH-251, and JWH-302.
10 (vi) Any compound containing a 2-(3-hydroxycyclohexyl)phenol
11 structure, also known as cyclohexylphenols, with substitution at
12 the 5-position of the phenolic ring by an alkyl, haloalkyl,
13 alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
14 piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
15 substituted on the cyclohexyl ring to any extent. Examples of this
16 structural class include but are not limited to: CP-47,497 (and
17 homologues(analogs)), cannabicyclohexanol, and CP-55,940.
18 (vii) Any compound containing a 3-(benzoyl)indole structure,
19 also known as benzoylindoles, with substitution at the nitrogen
20 atom of the indole ring by an alkyl, haloalkyl, alkenyl,
21 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
22 piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
23 further substituted on the indole ring to any extent and whether or
24 not substituted on the phenyl ring to any extent. Examples of this
25 structural class include but are not limited to: AM-694,
26 pravadoline (WIN-48,098), RCS-4, AM-630, AM-679, AM-1241, and AM-
27 2233.
28 (viii) Any compound containing a 11-hydroxy-/\8-
29 tetrahydrocannabinol structure, also known as dibenzopyrans, with
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1 further substitution on the 3-pentyl group by an alkyl, haloalkyl,
2 alkenyl, cycloalkylmethyl, cycloalkyethyl, 1-(N-methyl-2-
3 piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group. Examples of
4 this structural class include but are not limited to: HU-210, JWH-
5 051, JWH-133.
6 (ix) Any compound containing a 3-(L-adamantoyl)indole 3-(1-
7 adamantoyl)indole structure, also known as adamantoylindoles, with
8 substitution at the nitrogen atom of the indole ring by an alkyl,
9 haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-
10 2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or
11 not further substituted on the adamantyl ring system to any extent.
12 Examples of this structural class include but are not limited to:
13 AM-1248.
14 (x) Any other synthetic chemical compound that is a
15 cannabinoid receptor agonist and mimics the pharmacological effect
16 of naturally occurring cannabinoids that is not listed in schedules
17 II 2 through V 5 and is not approved by the federal food United
18 States Food and drug administration Drug Administration as a drug.
19 (f) Compounds of structures referred to in subdivision (d),
20 regardless of numerical designation of atomic positions, are
21 included.
22 (g) Gamma-hydroxybutyrate and any isomer, salt, or salt of
23 isomer of gamma-hydroxybutyrate.
24 Some trade and other names:
25 Sodium oxybate
26 4-hydroxybutanoic acid monosodium salt
27 (h) 3,4-methylenedioxymethamphetamine.
28 Some trade and other names:
29 Ecstasy
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1 MDMA
2 (i) N-Benzylpiperazine
3 Some trade and other names:
4 BZP
5 Benzylpiperazine
6 1-(phenylmethyl)-piperazine
7 (j) 3-Chlorophenylpiperazine
8 Some trade and other names:
9 MCPP
10 (k) 1-(3-Trifluoromethylphenyl)piperazine
11 Some trade and other names:
12 TFMPP
13 (l) 4-Bromo-2,5-dimethoxybenzylpiperazine
14 Some trade and other names:
15 2C-B-BZP
16 (m) All of the following:
17 (i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-
18 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.
19 Some trade and other names:
20 HU-210
21 (ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
22 yl)phenol and its side chain homologues.
23 Some trade and other names:
24 CP47,497
25 (iii) 1-pentyl-3-(1-naphthoyl)indole.
26 Some trade and other names:
27 JWH-018
28 (iv) 1-butyl-3-(1-naphthoyl)indole.
29 Some trade and other names:
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