April 19, 2012, Introduced by Senator HILDENBRAND and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7212 (MCL 333.7212), as amended by 2011 PA
88, and by adding section 7417.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7212. (1) The following controlled substances are
2 included in schedule 1:
3 (a) Any of the following opiates, including their isomers,
4 esters, the ethers, salts, and salts of isomers, esters, and
5 ethers, unless specifically excepted, when the existence of these
6 isomers, esters, ethers, and salts is possible within the
7 specific chemical designation:
|
8 |
Acetylmethadol |
Difenoxin |
Noracymethadol |
|
1 |
Allylprodine |
Dimenoxadol |
Norlevorphanol |
|
2 |
Alpha-acetylmethadol |
Dimepheptanol |
Normethadone |
|
3 |
Alphameprodine |
Dimethylthiambutene |
Norpipanone |
|
4 |
Alphamethadol |
Dioxaphetyl butyrate |
Phenadoxone |
|
5 |
Benzethidine |
Dipipanone |
Phenampromide |
|
6 |
Betacetylmethadol |
Ethylmethylthiambutene |
Phenomorphan |
|
7 |
Betameprodine |
Etonitazene |
Phenoperidine |
|
8 |
Betamethadol |
Etoxeridine |
Piritramide |
|
9 |
Betaprodine |
Furethidine |
Proheptazine |
|
10 |
Clonitazene |
Hydroxypethidine |
Properidine |
|
11 |
Dextromoramide |
Ketobemidone |
Propiram |
|
12 |
Diampromide |
Levomoramide |
Racemoramide |
|
13 |
Diethylthiambutene |
Levophenacylmorphan |
Trimeperidine |
|
14 |
|
Morpheridine |
|
15 (b) Any of the following opium derivatives, their salts,
16 isomers, and salts of isomers, unless specifically excepted, when
17 the existence of these salts, isomers, and salts of isomers is
18 possible within the specific chemical designation:
|
19 |
Acetorphine |
Drotebanol |
Morphine-N-Oxide |
|
20 |
Acetyldihydrocodeine |
Etorphine |
Myrophine |
|
21 |
Benzylmorphine |
Heroin |
Nicocodeine |
|
22 |
Codeine methylbromide |
Hydromorphinol |
Nicomorphine |
|
23 |
Codeine-N-Oxide |
Methyldesorphine |
Normorphine |
|
24 |
Cyprenorphine |
Methyldihydromorphine |
Pholcodine |
|
25 |
Desomorphine |
Morphine methylbromide |
Thebacon |
|
26 |
Dihydromorphine |
Morphine methylsulfonate |
|
27 (c) Any material, compound, mixture, or preparation which
28 contains any quantity of the following hallucinogenic substances,
1 their salts, isomers, and salts of isomers, unless specifically
2 excepted, when the existence of these salts, isomers, and salts
3 of isomers is possible within the specific chemical designation:
|
4 |
2-Methylamino-1-phenylpropan-1-one |
|
5 |
Some trade and other names: |
|
6 |
Methcathinone |
|
7 |
Cat |
|
8 |
Ephedrone |
|
9 |
3, 4-methylenedioxy amphetamine |
|
10 |
5-methoxy-3, 4-methylenedioxy |
|
11 |
amphetamine |
|
12 |
3, 4, 5-trimethoxy amphetamine |
|
13 |
Bufotenine |
|
14 |
Some trade and other names: |
|
15 |
3-(B-dimethylaminoethyl)-5 hydrozyindole |
|
16 |
3-(2-dimethylaminoethyl)-5 indolol |
|
17 |
N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine |
|
18 |
Mappine |
|
19 |
2, 5-Dimethoxyamphetamine |
|
20 |
Some trade or other names: |
|
21 |
2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA |
|
22 |
4-Bromo-2, 5-Dimethoxyamphetamine |
|
23 |
Some trade or other names: |
|
24 |
4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo |
|
25 |
2,5-DMA |
|
26 |
Diethyltryptamine |
|
27 |
Some trade and other names: |
|
28 |
N,N-Diethyltryptamine; DET |
|
29 |
Dimethyltryptamine |
|
1 |
Some trade or other names: |
|
2 |
DMT |
|
3 |
4-methyl-2, 5-dimethoxyamphetamine |
|
4 |
Some trade and other names: |
|
5 |
4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine |
|
6 |
DOM, STP |
|
7 |
4-methoxyamphetamine |
|
8 |
Some trade or other names: |
|
9 |
4-methoxy-a-methylphenethylamine; paramethoxy amphetamine; |
|
10 |
PMA |
|
11 |
Ibogaine |
|
12 |
Some trade and other names: |
|
13 |
7-Ethyl-6,6a,7,8,9,10,12,13 |
|
14 |
Octahydro-2-methoxy-6,9-methano-5H- |
|
15 |
pyrido (1, 2:1, 2 azepino 4, 5-b) indole |
|
16 |
tabernanthe iboga |
|
17 |
Lysergic acid diethylamide |
|
18 |
Marihuana |
|
19 |
Mecloqualone |
|
20 |
Mescaline |
|
21 |
Peyote |
|
22 |
N-ethyl-3 piperidyl benzilate |
|
23 |
N-methyl-3 piperidyl benzilate |
|
24 |
Psilocybin |
|
25 |
Psilocyn |
|
26 |
Thiophene analog of phencyclidine |
|
27 |
Some trade or other names: |
|
28 |
1-(1-(2-thienyl)cyclohexyl) piperidine) |
|
29 |
2-thienyl analog of phencyclidine; TPCP |
30 (d) Synthetic equivalents of the substances contained in the
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 (d) Synthetic cannabinoids. As used in this subdivision,
12 "synthetic cannabinoids" includes any material, compound,
13 mixture, or preparation that is not listed as a controlled
14 substance in this schedule or in schedules II through V, is not
15 approved by the federal food and drug administration as a drug,
16 and contains any quantity of the following substances, their
17 salts, isomers (whether optical, positional, or geometric),
18 homologues(analogs), and salts of isomers and
19 homologues(analogs), unless specifically excepted, whenever the
20 existence of these salts, isomers, homologues(analogs), and salts
21 of isomers and homologues(analogs) is possible within the
22 specific chemical designation:
23 (i) Any compound containing a 3-(1-naphthoyl)indole structure
24 with substitution at the nitrogen atom of the indole ring by an
25 alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
26 (N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group,
27 whether or not further substituted in the indole ring to any
1 extent and whether or not substituted in the naphthyl ring to any
2 extent. Examples of this structural class include but are not
3 limited to: JWH 015, JWH 018, JWH 019, JWH 073, JWH 081, JWH 122,
4 JWH 200, JWH 210, JWH 398, AM 2201, and WIN 55 212-2.
5 (ii) Any compound containing a 1H-indol-3-yl-(1-
6 naphthyl)methane structure with substitution at the nitrogen atom
7 of the indole ring by an alkyl, haloalkyl, alkenyl,
8 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
9 piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or
10 not further substituted in the indole ring to any extent and
11 whether or not substituted in the naphthyl ring to any extent.
12 Examples of this structural class include but are not limited to:
13 JWH-175, and JWH-184.
14 (iii) Any compound containing a 3-(1-naphthoyl)pyrrole
15 structure with substitution at the nitrogen atom of the pyrrole
16 ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
17 cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-
18 morpholinyl)ethyl group, whether or not further substituted in
19 the pyrrole ring to any extent and whether or not substituted in
20 the naphthyl ring to any extent. Examples of this structural
21 class include but are not limited to: JWH 307.
22 (iv) Any compound containing a naphthylideneindene structure
23 with substitution at the 3-position of the indene ring by an
24 alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
25 (N-methy1-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group,
26 whether or not further substituted in the indene ring to any
27 extent and whether or not substituted in the naphthyl ring to any
1 extent. Examples of this structural class include but are not
2 limited to: JWH-176.
3 (v) Any compound containing a 3-phenylacetylindole structure
4 with substitution at the nitrogen atom of the indole ring by an
5 alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
6 (N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group,
7 whether or not further substituted in the indole ring to any
8 extent and whether or not substituted in the phenyl ring to any
9 extent. Examples of this structural class include but are not
10 limited to: RCS-8 (SR-18), JWH 250, JWH 203, JWH-251, and JWH-
11 302.
12 (vi) Any compound containing a 2-(3- hydroxycyclohexyl)phenol
13 structure with substitution at the 5-position of the phenolic
14 ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
15 cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-
16 morpholinyl)ethyl group, whether or not substituted in the
17 cyclohexyl ring to any extent. Examples of this structural class
18 include but are not limited to: CP 47,497 (and
19 homologues(analogs)), cannabicyclohexanol, and CP 55, 940.
20 (vii) Any compound containing a 3-(benzoyl)indole structure
21 with substitution at the nitrogen atom of the indole ring by an
22 alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
23 (N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group,
24 whether or not further substituted in the indole ring to any
25 extent and whether or not substituted in the phenyl ring to any
26 extent. Examples of this structural class include but are not
27 limited to: AM 694, Pravadoline (WIN 48,098), RCS 4, and AM-679.
1 (viii) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethy1-3-(2-
2 methyloctan-2-yl) - 6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol
3 7370. Examples of this structural class include but are not
4 limited to: HU-210.
5 (ix) Any compound containing a 3-(l- adamantoyl)indole
6 structure with substitution at the nitrogen atom of the indole
7 ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
8 cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-
9 morpholinyl)ethyl group, whether or not further substituted in
10 the adamantyl ring system to any extent. Examples of this
11 structural class include but are not limited to: AM-1248.
12 (x) Any other synthetic chemical compound that is a
13 cannabinoid receptor agonist and mimics the pharmacological
14 effect of naturally occurring cannabinoids that is not listed in
15 schedules II through V and is not approved by the federal food
16 and drug administration as a drug.
17 (e) Compounds of structures of substances referred to in
18 subdivision (d), regardless of numerical designation of atomic
19 positions, are included.
20 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of
21 isomer of gamma-hydroxybutyrate.
|
22 |
Some trade and other names: |
|
23 |
Sodium oxybate |
|
24 |
4-hydroxybutanoic acid monosodium salt |
25 (g) 3,4-methylenedioxymethamphetamine.
|
1 |
Some trade and other names: |
|
2 |
Ecstasy |
|
3 |
MDMA |
4 (h) N-Benzylpiperazine
|
5 |
Some trade and other names: |
|
6 |
BZP |
|
7 |
Benzylpiperazine |
|
8 |
1-(phenylmethyl)-piperazine |
9 (i) 3-Chlorophenylpiperazine
|
10 |
Some trade and other names: |
|
11 |
MCPP |
12 (j) 1-(3-Trifluoromethylphenyl)piperazine
|
13 |
Some trade and other names: |
|
14 |
TFMPP |
15 (k) 4-Bromo-2,5-dimethoxybenzylpiperazine
|
16 |
Some trade and other names: |
|
17 |
2C-B-BZP |
18 (l) All
of the following:
19 (i)
(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-
20 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.
|
21 |
|
|
1 |
|
2 (ii)
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
3 yl)phenol and its side chain homologues.
|
4 |
|
|
5 |
|
6 (iii)
1-pentyl-3-(1-naphthoyl)indole.
|
7 |
|
|
8 |
|
9 (iv)
1-butyl-3-(1-naphthoyl)indole.
|
10 |
|
|
11 |
|
12 (v)
(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-
13 methanone.
|
14 |
|
|
15 |
|
16 (vi) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-
17 naphthalenyl-methanone.
|
18 |
|
|
19 |
|
20 (vii)
1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-
1 ethanone.
|
2 |
|
|
3 |
|
4 (l) (m) Mephedrone (4-methylmethcathinone).
|
5 |
Some trade and other names: |
|
6 |
4-MMC, M-Cat, meow meow, miaow miaow, bounce, bubbles, bubble |
|
7 |
love, mad cow, plant food, drone, and neo doves |
8 (m) (n) 4-Methyl-alpha-pyrrolidinobutyrophenone.
|
9 |
Some trade and other names: |
|
10 |
MPBP |
11 (n) (o) Methylenedioxypyrovalerone
|
12 |
Some trade and other names: |
|
13 |
MDPV, Bath salts, charge plus, cloud nine, hurricane Charlie, |
|
14 |
ivory wave, ocean, red dove, scarface, sonic, white dove, |
|
15 |
white lightning |
16 (o) (p) 5,6-Methylenedioxy-2-aminoindane
|
17 |
Some trade and other names: |
|
18 |
MDAI |
|
19 |
Woof-woof |
20 (p) (q) Naphyrone
(Naphthylpyrovalerone)
|
1 |
Some trade and other names: |
|
2 |
NRG-1 |
|
3 |
Rave |
4 (q) (r) Pyrovalerone
(1-(4-Methylphenyl)-2-(1-pyrrolidinyl)-
5 1-pentanone)
6 (r) (s) Catha
edulis; except as provided in subdivision (t)
7 (s) and section 7218, all parts of the plant presently classified
8 botanically as catha edulis, whether growing or not; the leaves
9 and seeds of that plant; any extract from any part of that plant;
10 and every compound, salt, derivative, mixture, or preparation of
11 that plant or its leaves, seeds, or extracts.
|
12 |
Some trade and other names: |
|
13 |
Khat |
|
14 |
Qat |
15 (s) (t) Cathinone.
16 (t) (u) Salvia
divinorum; except as provided in subdivision
17 (v), (u), all parts of the plant presently classified botanically
18 as salvia divinorum, whether growing or not; the leaves and seeds
19 of that plant; any extract from any part of that plant; and every
20 compound, salt, derivative, mixture, or preparation of that plant
21 or its leaves, seeds, or extracts.
22 (u) (v) Salvinorin
A.
23 (2) For purposes of subsection (1), "isomer" includes the
24 optical, position, and geometric isomers.
25 Sec. 7417. (1) A person shall not do either of the
1 following:
2 (a) Knowing that a named product previously contained an
3 ingredient that was designated to be a schedule 1 controlled
4 substance, but that no longer contains that ingredient, sell or
5 offer to sell that named product without disclosing that it no
6 longer contains that scheduled ingredient.
7 (b) Knowing that a named product contains or previously
8 contained an ingredient that was designated to be a schedule 1
9 controlled substance, sell or offer to sell any other product
10 while representing that it contains the same scheduled ingredient
11 as the named product or that it contains an ingredient that
12 produces the same or a substantially similar physiological or
13 psychological effect as that scheduled ingredient.
14 (2) A person who violates this section is guilty of a
15 misdemeanor punishable by imprisonment for not more than 93 days
16 or a fine of not more than $5,000.00, or both.
17 (3) As used in this section, "named product" means either of
18 the following:
19 (a) A product having a designated brand name.
20 (b) A product having a street or common name with
21 application sufficient to identify the product as a specific
22 product within this state or within a local unit of government.
23 Enacting section 1. This amendatory act takes effect 90 days
24 after the date it is enacted into law.