Act No. 549

Public Acts of 2016

Approved by the Governor

January 6, 2017

Filed with the Secretary of State

January 10, 2017

EFFECTIVE DATE: April 10, 2017

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Senator Shirkey

ENROLLED SENATE BILL No. 1176

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 13m. This chapter applies to the following felonies enumerated in chapter 333 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

333.7340 CS F Sale, distribution, or delivery of product containing ephedrine or pseudoephedrine by mail, internet, or telephone 4

333.7340c(2) CS D Soliciting another person to purchase or obtain ephedrine or pseudoephedrine to manufacture methamphetamine 10

333.7341(8) CS G Delivery or manufacture of imitation controlled substance 2

333.7401(2)(a)(i) CS A Delivery or manufacture of 1,000 or more grams of certain schedule 1 or 2 controlled substances Life

333.7401(2)(a)(ii) CS A Delivery or manufacture of 450 or more but less than 1,000 grams of certain schedule 1 or 2 controlled substances 30

333.7401(2)(a)(iii) CS B Delivery or manufacture of 50 or more but less than 450 grams of certain schedule 1 or 2 controlled substances 20

333.7401(2)(a)(iv) CS D Delivery or manufacture of less than 50 grams of certain schedule 1 or 2 controlled substances 20

333.7401(2)(b)(i) CS B Delivery or manufacture of methamphetamine or 3, 4-methylenedioxymethamphetamine 20

333.7401(2)(b)(ii) CS E Delivery or manufacture of certain schedule 1, 2, or 3 controlled substances 7

333.7401(2)(c) CS F Delivery or manufacture of schedule 4 controlled substance 4

333.7401(2)(d)(i) CS C Delivery or manufacture of 45 or more kilograms of marihuana or synthetic equivalents of marihuana 15

333.7401(2)(d)(ii) CS D Delivery or manufacture of 5 or more but less than 45 kilograms of marihuana or synthetic equivalents of marihuana 7

333.7401(2)(d)(iii) CS F Delivery or manufacture of less than 5 kilograms or 20 plants of marihuana or synthetic equivalents of marihuana 4

333.7401(2)(e) CS G Delivery or manufacture of schedule 5 controlled substance 2

333.7401(2)(f) CS D Delivery or manufacture of a prescription form or counterfeit prescription form 7

333.7401a Person B Delivering a controlled substance or GBL with intent to commit criminal sexual conduct 20

333.7401b(3)(a) CS E Delivery or manufacture of GBL 7

333.7401b(3)(b) CS G Possession of GBL 2

333.7401c(2)(a) CS D Operating or maintaining controlled substance laboratory 10

333.7401c(2)(b) CS B Operating or maintaining controlled substance laboratory in presence of minor 20

333.7401c(2)(c) CS B Operating or maintaining controlled substance laboratory involving hazardous waste 20

333.7401c(2)(d) CS B Operating or maintaining controlled substance laboratory near certain places 20

333.7401c(2)(e) CS A Operating or maintaining controlled substance laboratory involving firearm or other harmful device 25

333.7401c(2)(f) CS B Operating or maintaining controlled substance laboratory involving methamphetamine 20

333.7402(2)(a) CS D Delivery or manufacture of certain counterfeit controlled substances 10

333.7402(2)(b) CS E Delivery or manufacture of schedule 1, 2, or 3 counterfeit controlled substance 5

333.7402(2)(c) CS F Delivery or manufacture of counterfeit schedule 4 controlled substance 4

333.7402(2)(d) CS G Delivery or manufacture of counterfeit schedule 5 controlled substance 2

333.7402(2)(e) CS C Delivery or manufacture of controlled substance analogue 15

333.7403(2)(a)(i) CS A Possession of 1,000 or more grams of certain schedule 1 or 2 controlled substances Life

333.7403(2)(a)(ii) CS A Possession of 450 or more but less than 1,000 grams of certain schedule 1 or 2 controlled substances 30

333.7403(2)(a)(iii) CS B Possession of 50 or more but less than 450 grams of certain schedule 1 or 2 controlled substances 20

333.7403(2)(a)(iv) CS G Possession of 25 or more but less than 50 grams of certain schedule 1 or 2 controlled substances 4

333.7403(2)(a)(v) CS G Possession of less than 25 grams of certain schedule 1 or 2 controlled substances 4

333.7403(2)(b)(i) CS D Possession of methamphetamine or 3, 4-methylenedioxymethamphetamine 10

333.7403(2)(b)(ii) CS G Possession of certain schedule 1, 2, 3, or 4 controlled substances or controlled substances analogue 2

333.7403a CS F Fraudulently obtaining controlled substance or prescription for controlled substance 4

333.7405(1)(a) CS G Controlled substance violations by licensee 2

333.7405(1)(b) CS G Manufacturing or distribution violations by licensee 2

333.7405(1)(c) CS G Refusing lawful inspection 2

333.7405(1)(d) CS G Maintaining drug house 2

333.7405(1)(e) CS G Unlawfully dispensing out-of-state prescription 2

333.7407(1)(a) CS G Controlled substance violations by licensee 4

333.7407(1)(b) CS G Use of fictitious, revoked, or suspended license number 4

333.7407(1)(c) CS G Obtaining controlled substance by fraud 4

333.7407(1)(d) CS G False reports under controlled substance article 4

333.7407(1)(e) CS G Possession of counterfeiting implements 4

333.7407(1)(f) CS F Disclosing or obtaining prescription information 4

333.7407(1)(g) CS F Possession of counterfeit prescription form 4

333.7407(2) CS G Refusing to furnish records under controlled substance article 4

333.7410a CS G Controlled substance offense or offense involving GBL in or near a park 2

333.7417 CS F Sell or offer to sell named product producing same or similar effect as scheduled ingredient 4

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1175 of the 98th Legislature is enacted into law.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor