HB-4843, As Passed House, October 14, 2015

HOUSE BILL No. 4843

August 20, 2015, Introduced by Reps. Pscholka, Aaron Miller, Barrett, Sheppard, Glenn, Crawford, Tedder, Schor, Lucido, Forlini, Leutheuser, Webber, Kivela, Victory, Singh, Glardon, Inman, Lyons, Pagel, Canfield, Yonker, Rendon, Heise, LaVoy, Derek Miller, Geiss, Lane, Dianda, Theis, Kosowski and Zemke and referred to the Committee on Criminal Justice.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as

amended by 2012 PA 183.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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) Which 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 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 than 30 years or a

fine of not more than $500,000.00, or both.

(iii) Which 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 than 20 years or a

fine of not more than $250,000.00, or both.

(iv) Which 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 than 4 years or a

fine of not more than $25,000.00, or both.

(v) Which is in an amount less than 25 grams of any mixture

containing that substance is guilty of a felony punishable by

imprisonment for not more than 4 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 than

10 years or a fine of not more than $15,000.00, or both.

(ii) A controlled substance classified in schedule 1, 2, 3, or

4, except a controlled substance for which a penalty is prescribed

in subparagraph (i) or subdivision (a), ~~(b)(~~i), (c), or (d), or a

controlled substance analogue 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.

dimethyltryptamine, psilocyn, psilocybin, or a controlled substance

classified in schedule 5 is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$2,000.00, or both.

(d) Marihuana is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$2,000.00, or both.

(e) A prescription form 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.

(3) The following individuals are not in violation of this

section:

(a) An individual who is less than 21 years of age and who

seeks medical assistance for himself or herself or who requires

medical assistance and is presented for assistance by another

individual if he or she is incapacitated because of a drug overdose

or other perceived medical emergency arising from the use of a

prescription drug that is a controlled substance or a prescription

drug that is a controlled substance analogue that he or she

possesses or possessed in an amount sufficient only for personal

use and the evidence of his or her violation of this section is

obtained as a result of the individual's seeking or being presented

for medical assistance.

(b) An individual who is less than 21 years of age and who in

good faith attempts to procure medical assistance for another

individual or who accompanies another individual who requires

medical assistance for a drug overdose or other perceived medical

emergency arising from the use of a prescription drug that is a

controlled substance or a prescription drug that is a controlled

substance analogue that he or she possesses or possessed in an

amount sufficient only for personal use and the evidence of his or

her violation of this section is obtained as a result of the

individual's attempting to procure medical assistance for another

individual or as a result of the individual's accompanying another

individual who requires medical assistance to a health facility or

agency.

(4) A health facility or agency shall develop a process for

notification of the parent or parents, guardian, or custodian of a

minor under the age of 18 who is not emancipated under 1968 PA 293,

MCL 722.1 to 722.6, and who voluntarily presents himself or

herself, or is presented by another individual if he or she is

incapacitated, to a health facility or agency for emergency medical

treatment as provided in subsection (3). A health facility or

agency shall not provide notification to a parent or parents,

guardian, or custodian under this subsection for nonemergency

treatment without obtaining the minor's consent.

(5) The exemption from prosecution under this section provided

in subsection (3) shall not prevent the investigation, arrest,

charging, or prosecution of an individual for any other violation

of the laws of this state or be grounds for suppression of evidence

in the prosecution of any other criminal charges.

(6) ~~(3)~~ 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.

(7) As used in this section:

(a) "Drug overdose" means a condition including, but not

limited to, extreme physical illness, decreased level of

consciousness, respiratory depression, coma, mania, or death, that

is the result of consumption or use of a controlled substance or a

controlled substance analogue or a substance with which the

controlled substance or controlled substance analogue was combined,

or that a layperson would reasonably believe to be a drug overdose

that requires medical assistance.

(b) "Seeks medical assistance" includes, but is not limited

to, reporting a drug overdose or other medical emergency to law

enforcement, the 9-1-1 system, a poison control center, or a

medical provider, or assisting someone in reporting a drug overdose

or other medical emergency.

Sec. 7404. (1) A person shall not use a controlled substance

or controlled substance analogue unless the substance was obtained

directly 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 as a

narcotic drug or a drug described in section 7212(1)(h) or

7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$2,000.00, or both.

(b) A controlled substance classified in schedule 1, 2, 3, or

4, except a controlled substance for which a penalty is prescribed

in subdivision (a), (c), or (d), or a controlled substance

analogue, 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.

dimethyltryptamine, psilocyn, psilocybin, or a controlled substance

classified in schedule 5 is guilty of a misdemeanor punishable by

imprisonment for not more than 6 months or a fine of not more than

$500.00, or both.

(d) Marihuana, catha edulis, salvia divinorum, or a substance

described in section 7212(1)(i) is guilty of a misdemeanor

punishable by imprisonment for not more than 90 days or a fine of

not more than $100.00, or both.

(3) The following individuals are not in violation of this

section:

(a) An individual who is less than 21 years of age and who

seeks medical assistance for himself or herself or who requires

medical assistance and is presented for assistance by another

individual if he or she is incapacitated because of a drug overdose

or other perceived medical emergency arising from the use of a

prescription drug that is a controlled substance or prescription