April 29, 2009, Introduced by Rep. Sheltrown and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7212, 7403, and 7404 (MCL 333.7212,
333.7403, and 333.7404), as amended by 2002 PA 710.
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
9 Allylprodine Dimenoxadol Norlevorphanol
10 Alpha-acetylmethadol Dimepheptanol Normethadone
11 Alphameprodine Dimethylthiambutene Norpipanone
1 Alphamethadol Dioxaphetyl butyrate Phenadoxone
2 Benzethidine Dipipanone Phenampromide
3 Betacetylmethadol Ethylmethylthiambutene Phenomorphan
4 Betameprodine Etonitazene Phenoperidine
5 Betamethadol Etoxeridine Piritramide
6 Betaprodine Furethidine Proheptazine
7 Clonitazene Hydroxypethidine Properidine
8 Dextromoramide Ketobemidone Propiram
9 Diampromide Levomoramide Racemoramide
10 Diethylthiambutene Levophenacylmorphan Trimeperidine
11 Morpheridine
12
13 (b) Any of the following opium derivatives, their salts,
14 isomers, and salts of isomers, unless specifically excepted, when
15 the existence of these salts, isomers, and salts of isomers is
16 possible within the specific chemical designation:
17 Acetorphine Drotebanol Morphine-N-Oxide
18 Acetyldihydrocodeine Etorphine Myrophine
19 Benzylmorphine Heroin Nicocodeine
20 Codeine methylbromide Hydromorphinol Nicomorphine
21 Codeine-N-Oxide Methyldesorphine Normorphine
22 Cyprenorphine Methyldihydromorphine Pholcodine
23 Desomorphine Morphine methylbromide Thebacon
24 Dihydromorphine Morphine methylsulfonate
25 (c) Any material, compound, mixture, or preparation which
26 contains any quantity of the following hallucinogenic substances,
27 their salts, isomers, and salts of isomers, unless specifically
28 excepted, when the existence of these salts, isomers, and salts
29 of isomers is possible within the specific chemical designation:
30 Argyreia nervosa
31 2-Methylamino-1-phenylpropan-1-one
32 Some trade and other names:
33 Methcathinone
34 Cat
35 Ephedrone
1 3, 4-methylenedioxy amphetamine
2 5-methoxy-3, 4-methylenedioxy
3 amphetamine
4 3, 4, 5-trimethoxy amphetamine
5 Bufotenine
6 Some trade and other names:
7 3-(B-dimethylaminoethyl)-5 hydrozyindole
8 3-(2-dimethylaminoethyl)-5 indolol
9 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine
10 Mappine
11 2, 5-Dimethoxyamphetamine
12 Some trade or other names:
13 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA
14 4-Bromo-2, 5-Dimethoxyamphetamine
15 Some trade or other names:
16 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo
17 2,5-DMA
18 Diethyltryptamine
19 Some trade and other names:
20 N,N-Diethyltryptamine; DET
21 Dimethyltryptamine
22 Some trade or other names:
23 DMT
24 4-methyl-2, 5-dimethoxyamphetamine
25 Some trade and other names:
26 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine
27 DOM, STP
28 4-methoxyamphetamine
29 Some trade or other names:
30 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;
31 PMA
1 Ibogaine
2 Some trade and other names:
3 7-Ethyl-6,6a,7,8,9,10,12,13
4 Octahydro-2-methoxy-6,9-methano-5H-
5 pyrido (1, 2:1, 2 azepino 4, 5-b) indole
6 tabernanthe iboga
7 Lysergic acid diethylamide
8
Marihuana, except as otherwise provided in subsection (2)
9 Mecloqualone
10 Mescaline
11 Peyote
12 N-ethyl-3 piperidyl benzilate
13 N-methyl-3 piperidyl benzilate
14 Psilocybin
15 Psilocyn
16 Salvia divinorum
17 Salvinorin A
18 Thiophene analog of phencyclidine
19 Some trade or other names:
20 1-(1-(2-thienyl)cyclohexyl) piperidine)
21 2-thienyl analog of phencyclidine; TPCP
22 (d) Except as provided in subsection (2), synthetic
23 Synthetic equivalents of the substances contained in the plant,
24 or in the resinous extractives of cannabis and synthetic
25 substances, derivatives, and their isomers with similar chemical
26 structure or pharmacological activity, or both, such as the
27 following, are included in schedule 1:
28 (i) /\1 cis or trans tetrahydrocannabinol, and their optical
29 isomers.
1 (ii) /\6 cis or trans tetrahydrocannabinol, and their optical
2 isomers.
3 (iii) /\3,4, cis or trans tetrahydrocannabinol, and their
4 optical isomers.
5 (e) Compounds of structures of substances referred to in
6 subdivision (d), regardless of numerical designation of atomic
7 positions, are included.
8 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of
9 isomer of gamma-hydroxybutyrate.
10 Some trade and other names:
11 Sodium oxybate
12 4-hydroxybutanoic acid monosodium salt
13 (g) 3,4-methylenedioxymethamphetamine.
14 Some trade and other names:
15 Ecstasy
16 MDMA
17 (2) Marihuana and the substances described in subsection (1)
18 (d) and (e) in schedule 1 shall be regulated as provided in
19 schedule 2, if they are dispensed in the manner provided in
20 sections 7335 and 7336.
21 (2) (3) For purposes of subsection (1),
"isomer" includes
22 the optical, position, and geometric isomers.
23 Sec. 7403. (1) A person shall not knowingly or intentionally
24 possess a controlled substance, a controlled substance analogue,
25 or a prescription form unless the controlled substance,
1 controlled substance analogue, or prescription form was obtained
2 directly from, or pursuant to, a valid prescription or order of a
3 practitioner while acting in the course of the practitioner's
4 professional practice, or except as otherwise authorized by this
5 article.
6 (2) A person who violates this section as to:
7 (a) A controlled substance classified in schedule 1 or 2
8 that is a narcotic drug or a drug described in section
9 7214(a)(iv), and:
10 (i) Which is in an amount of 1,000 grams or more of any
11 mixture containing that substance is guilty of a felony
12 punishable by imprisonment for life or any term of years or a
13 fine of not more than $1,000,000.00, or both.
14 (ii) Which is in an amount of 450 grams or more, but less
15 than 1,000 grams, of any mixture containing that substance is
16 guilty of a felony punishable by imprisonment for not more than
17 30 years or a fine of not more than $500,000.00, or both.
18 (iii) Which is in an amount of 50 grams or more, but less than
19 450 grams, of any mixture containing that substance is guilty of
20 a felony punishable by imprisonment for not more than 20 years or
21 a fine of not more than $250,000.00, or both.
22 (iv) Which is in an amount of 25 grams or more, but less than
23 50 grams of any mixture containing that substance is guilty of a
24 felony punishable by imprisonment for not more than 4 years or a
25 fine of not more than $25,000.00, or both.
26 (v) Which is in an amount less than 25 grams of any mixture
27 containing that substance is guilty of a felony punishable by
1 imprisonment for not more than 4 years or a fine of not more than
2 $25,000.00, or both.
3 (b) Either of the following:
4 (i) A substance described in section 7212(1)(g) or 7214(c)(ii)
5 is guilty of a felony punishable by imprisonment for not more
6 than 10 years or a fine of not more than $15,000.00, or both.
7 (ii) A controlled substance classified in schedule 1, 2, 3,
8 or 4, except a controlled substance for which a penalty is
9 prescribed in subdivision (a), (b)(i), (c), or (d), or a
10 controlled substance analogue is guilty of a felony punishable by
11 imprisonment for not more than 2 years or a fine of not more than
12 $2,000.00, or both.
13 (c) Lysergic acid diethylamide, peyote, mescaline,
14 dimethyltryptamine, psilocyn, psilocybin, Salvia divinorum,
15 salvinorin A, Argyreia nervosa, or a controlled substance
16 classified in schedule 5 is guilty of a misdemeanor punishable by
17 imprisonment for not more than 1 year or a fine of not more than
18 $2,000.00, or both.
19 (d) Marihuana is guilty of a misdemeanor punishable by
20 imprisonment for not more than 1 year or a fine of not more than
21 $2,000.00, or both.
22 (e) A prescription form is guilty of a misdemeanor
23 punishable by imprisonment for not more than 1 year or a fine of
24 not more than $1,000.00, or both.
25 (3) If an individual was sentenced to lifetime probation
26 under subsection (2)(a)(iv) before the
effective date of the
27 amendatory act that added this subsection April 1, 2003 and the
1 individual has served 5 or more years of that probationary
2 period, the probation officer for that individual may recommend
3 to the court that the court discharge the individual from
4 probation. If an individual's probation officer does not
5 recommend discharge as provided in this subsection, with notice
6 to the prosecutor, the individual may petition the court seeking
7 resentencing under the court rules. The court may discharge an
8 individual from probation as provided in this subsection. An
9 individual may file more than 1 motion seeking resentencing under
10 this subsection.
11 Sec. 7404. (1) A person shall not use a controlled substance
12 or controlled substance analogue unless the substance was
13 obtained directly from, or pursuant to, a valid prescription or
14 order of a practitioner while acting in the course of the
15 practitioner's professional practice, or except as otherwise
16 authorized by this article.
17 (2) A person who violates this section as to:
18 (a) A controlled substance classified in schedule 1 or 2 as
19 a narcotic drug or a drug described in section 7212(1)(g) or
20 7214(a)(iv) or (c)(ii) is guilty of a misdemeanor punishable by
21 imprisonment for not more than 1 year or a fine of not more than
22 $2,000.00, or both.
23 (b) A controlled substance classified in schedule 1, 2, 3,
24 or 4, except a controlled substance for which a penalty is
25 prescribed in subdivision (a), (c), or (d), or a controlled
26 substance analogue, is guilty of a misdemeanor punishable by
27 imprisonment for not more than 1 year or a fine of not more than
1 $1,000.00, or both.
2 (c) Lysergic acid diethylamide, peyote, mescaline,
3 dimethyltryptamine, psilocyn, psilocybin, Salvia divinorum,
4 salvinorin A, Argyreia nervosa, or a controlled substance
5 classified in schedule 5, is guilty of a misdemeanor punishable
6 by imprisonment for not more than 6 months or a fine of not more
7 than $500.00, or both.
8 (d) Marihuana, is guilty of a misdemeanor punishable by
9 imprisonment for not more than 90 days or a fine of not more than
10 $100.00, or both.