HOUSE BILL No. 4787 May 17, 2001, Introduced by Rep. Newell 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 2000 PA 314. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7401. (1) Except as authorized by this article, a 2 person shall not manufacture, create, deliver, or possess with 3 intent to manufacture, create, or deliver a controlled substance, 4 a prescription form, an official prescription form, or a counter- 5 feit prescription form. A practitioner licensed by the adminis- 6 trator under this article shall not dispense, prescribe, or 7 administer a controlled substance for other than legitimate and 8 professionally recognized therapeutic or scientific purposes or 9 outside the scope of practice of the practitioner, licensee, or 10 applicant. 03024'01 DRM 2 1 (2) A person who violates this section as to: 2 (a) A controlled substance classified in schedule 1 or 2 3 that is a narcotic drug or a drug described in section 4 7214(a)(iv) and: 5 (i)WhichTHAT is in an amount of 650 grams or more of any 6 mixture containing that substance is guilty of a felony punish- 7 able by imprisonment for life or any term of years but not less 8 than 20 years. 9 (ii)WhichTHAT is in an amount of 225 grams or more, but 10 less than 650 grams, of any mixture containing that substance is 11 guilty of a felony and shall be imprisoned for not less than 20 12 years nor more than 30 years. 13 (iii)WhichTHAT is in an amount of 50 grams or more, but 14 less than 225 grams, of any mixture containing that substance is 15 guilty of a felony and shall be imprisoned for not less than 10 16 years nor more than 20 years. 17 (iv)WhichTHAT is in an amount less than 50 grams, of any 18 mixture containing that substance is guilty of a felony and shall 19 be imprisoned for not less than 1 year nor more than 20 years, 20 and may be fined not more than $25,000.00, or placed on probation 21 for life. 22 (b) Either of the following: 23 (i) A substance described in section 7214(c)(ii) is guilty 24 of a felony punishable by imprisonment for not more than 20 years 25 or a fine of not more than $25,000.00, or both. 26 (ii) Any other controlled substance classified in schedule 27 1, 2, or 3, except marihuana is guilty of a felony punishable by 03024'01 3 1 imprisonment for not more than 7 years or a fine of not more than 2 $10,000.00, or both. 3 (c) A substance classified in schedule 4 is guilty of a 4 felony punishable by imprisonment for not more than 4 years or a 5 fine of not more than $2,000.00, or both. 6 (d) Marihuana or a mixture containing marihuana is guilty of 7 a felony punishable as follows: 8 (i) If the amount is 45 kilograms or more, or 200 plants or 9 more, by imprisonment for not more than 15 years or a fine of not 10 more than $10,000,000.00, or both. 11 (ii) If the amount is 5 kilograms or more but less than 45 12 kilograms, or 20 plants or more but fewer than 200 plants, by 13 imprisonment for not more than 7 years or a fine of not more than 14 $500,000.00, or both. 15 (iii) If the amount is less than 5 kilograms or fewer than 16 20 plants, by imprisonment for not more than 4 years or a fine of 17 not more than $20,000.00, or both. 18 (e) A substance classified in schedule 5 is guilty of a 19 felony punishable by imprisonment for not more than 2 years or a 20 fine of not more than $2,000.00, or both. 21 (f) An official prescription form or a counterfeit official 22 prescription form is guilty of a felony punishable by imprison- 23 ment for not more than 20 years or a fine of not more than 24 $25,000.00, or both. 25 (g) A prescription form or a counterfeit prescription form 26 other than an official prescription form or a counterfeit 27 official prescription form is guilty of a felony punishable by 03024'01 4 1 imprisonment for not more than 7 years or a fine of not more than 2 $5,000.00, or both. 3 (3) A term of imprisonment imposed under subsection (2)(a) 4 or section 7403(2)(a)(i), (ii), (iii), or (iv) shall be imposed 5 to run consecutively with any term of imprisonment imposed for 6 the commission of another felony. An individual subject to 7 IMPRISONMENT FOR a mandatory term ofimprisonmentYEARS under 8 subsection (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) 9 is not eligible for probation, suspension of that sentence, or 10 parole during that mandatory term OF YEARS, except to the extent 11 that those provisions permit probation for life, and shall not 12 receive a reduction in that mandatory term of imprisonment by 13 disciplinary credits or any other type of sentence credit 14 reduction. 15 (4) The court may depart from the minimum term of imprison- 16 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if 17 the court finds on the record that there are substantial and com- 18 pelling reasons to do so. In addition, if any of the following 19 apply, the court may depart from the minimum term of imprisonment 20 authorized under subsection (2)(a)(ii), (iii), or (iv) if the 21 individual has not previously been convicted of a felony or an 22 assaultive crime and has not been convicted of another felony or 23 assaultive crime arising from the same transaction as the viola- 24 tion of this section: 25 (a) The person is within the jurisdiction of the circuit 26 court under section 606 of the revised judicature act of 1961, 03024'01 5 1 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of the 2 probate code of 1939, 1939 PA 288, MCL 712A.4. 3 (b) The person is being sentenced under section 18(1)(n) of 4 chapter XIIA of the probate code of 1939, 1939 PA 288, 5 MCL 712A.18. 6 (5) As used in this section: 7 (a) "Assaultive crime" means a violation of sections 81 to 8 90 of the Michigan penal code, 1931 PA 328, MCL 750.81 to 9 750.90. 10 (b) "Plant" means a marihuana plant that has produced coty- 11 ledons or a cutting of a marihuana plant that has produced 12 cotyledons. 03024'01 Final page. 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