DRUG DEALER LIABILITY S.B. 1141: FLOOR ANALYSIS


Senate Bill 1141 (as reported without amendment)
Sponsor: Senator Alan L. Cropsey
Committee: Judiciary

CONTENT
The bill would amend the Drug Dealer Liability Act to revise the amounts of controlled substances in the definitions of Level 1, 2, 3, and 4 participation in the illegal marketing of controlled substances, for purposes of an action brought under the Act. The Act allows people injured by an individual abuser of a controlled substance to bring an action against a person who participated in the illegal marketing of the controlled substance. The market area (county or counties) in which a person is presumed to have participated in the illegal marketing of a "market area controlled substance" (generally, a Schedule 1 opiate, cocaine, methamphetamine, or marihuana) depends upon the person's participation level, which is defined in terms of the quantity of the substance. The bill would revise the definition of the levels of participation, as shown below.


Controlled Substance Marihuana
Participation
Level
 
Current
 
Proposed
 
Current
 
Proposed
1 650 grams or more 1,000 grams or more 16 lbs. or more; or 100 plants or more 45 kg. or more; or 200 plants or more
2 225 or more grams but less than 650 450 or more grams but less than 1,000 8 or more lbs. but less than 16; or 75 or more plants but less than 100 5 kg. or more but less than 45; or 20 or more plants but fewer than 200
3 50 or more grams but less than 225 50 or more grams but less than 450 4 or more lbs. but less than 8; or 50 or more plants but less than 75 Less than 5 kg.; or fewer than 20 plants
4 Less than 50 grams Less than 50 grams 1 or more lbs. but less than 4; or 25 or more plants but less than 50 N/A
MCL 691.1603 Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have no fiscal impact on State or local government.


Date Completed: 5-5-04 Fiscal Analyst: Bethany Wicksall

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1141/0304