September 2, 2009, Introduced by Reps. Agema, Genetski, Rick Jones, Walsh, Kurtz, McMillin, Lori, Knollenberg, Meltzer, Calley, Marleau, Meekhof, Green, Proos and Pearce and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7212 and 7214 (MCL 333.7212 and 333.7214),
section 7212 as amended by 2002 PA 710 and section 7214 as
amended by 1982 PA 352; and to repeal acts and parts of acts.
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
1 specific chemical designation:
2 Acetylmethadol Difenoxin Noracymethadol
3 Allylprodine Dimenoxadol Norlevorphanol
4 Alpha-acetylmethadol Dimepheptanol Normethadone
5 Alphameprodine Dimethylthiambutene Norpipanone
6 Alphamethadol Dioxaphetyl butyrate Phenadoxone
7 Benzethidine Dipipanone Phenampromide
8 Betacetylmethadol Ethylmethylthiambutene Phenomorphan
9 Betameprodine Etonitazene Phenoperidine
10 Betamethadol Etoxeridine Piritramide
11 Betaprodine Furethidine Proheptazine
12 Clonitazene Hydroxypethidine Properidine
13 Dextromoramide Ketobemidone Propiram
14 Diampromide Levomoramide Racemoramide
15 Diethylthiambutene Levophenacylmorphan Trimeperidine
16 Morpheridine
17 (b) Any of the following opium derivatives, their salts,
18 isomers, and salts of isomers, unless specifically excepted, when
19 the existence of these salts, isomers, and salts of isomers is
20 possible within the specific chemical designation:
21 Acetorphine Drotebanol Morphine-N-Oxide
22 Acetyldihydrocodeine Etorphine Myrophine
23 Benzylmorphine Heroin Nicocodeine
24 Codeine methylbromide Hydromorphinol Nicomorphine
25 Codeine-N-Oxide Methyldesorphine Normorphine
1 Cyprenorphine Methyldihydromorphine Pholcodine
2 Desomorphine Morphine methylbromide Thebacon
3 Dihydromorphine Morphine methylsulfonate
4 (c) Any material, compound, mixture, or preparation which
5 contains any quantity of the following hallucinogenic substances,
6 their salts, isomers, and salts of isomers, unless specifically
7 excepted, when the existence of these salts, isomers, and salts
8 of isomers is possible within the specific chemical designation:
9 2-Methylamino-1-phenylpropan-1-one
10 Some trade and other names:
11 Methcathinone
12 Cat
13 Ephedrone
14 3, 4-methylenedioxy amphetamine
15 5-methoxy-3, 4-methylenedioxy
16 amphetamine
17 3, 4, 5-trimethoxy amphetamine
18 Bufotenine
19 Some trade and other names:
20 3-(B-dimethylaminoethyl)-5 hydrozyindole
21 3-(2-dimethylaminoethyl)-5 indolol
22 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine
23 Mappine
24 2, 5-Dimethoxyamphetamine
25 Some trade or other names:
26 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA
27 4-Bromo-2, 5-Dimethoxyamphetamine
28 Some trade or other names:
1 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo
2 2,5-DMA
3 Diethyltryptamine
4 Some trade and other names:
5 N,N-Diethyltryptamine; DET
6 Dimethyltryptamine
7 Some trade or other names:
8 DMT
9 4-methyl-2, 5-dimethoxyamphetamine
10 Some trade and other names:
11 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine
12 DOM, STP
13 4-methoxyamphetamine
14 Some trade or other names:
15 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;
16 PMA
17 Ibogaine
18 Some trade and other names:
19 7-Ethyl-6,6a,7,8,9,10,12,13
20 Octahydro-2-methoxy-6,9-methano-5H-
21 pyrido (1, 2:1, 2 azepino 4, 5-b) indole
22 tabernanthe iboga
23 Lysergic acid diethylamide
24 Marihuana, except as otherwise provided in subsection (2)
25 Mecloqualone
26 Mescaline
27 Peyote
28 N-ethyl-3 piperidyl benzilate
29 N-methyl-3 piperidyl benzilate
30 Psilocybin
31 Psilocyn
1 Thiophene analog of phencyclidine
2 Some trade or other names:
3 1-(1-(2-thienyl)cyclohexyl) piperidine)
4 2-thienyl analog of phencyclidine; TPCP
5 (d) Except as provided in subsection (2), synthetic
6 equivalents of the substances contained in the plant, or in the
7 resinous extractives of cannabis and synthetic substances,
8 derivatives, and their isomers with similar chemical structure or
9 pharmacological activity, or both, such as the following, are
10 included in schedule 1:
11 (i) /\1 cis or trans tetrahydrocannabinol, and their optical
12 isomers.
13 (ii) /\6 cis or trans tetrahydrocannabinol, and their optical
14 isomers.
15 (iii) /\3,4, cis or trans tetrahydrocannabinol, and their
16 optical isomers.
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 (2) Marihuana and the substances described in subsection (1)
5 (d) and (e) in schedule 1 shall be regulated as provided in
6 schedule 2, if they are dispensed for use in the manner provided
7 in sections 7335 and 7336 the Michigan medical marihuana act,
8 2008 IL 1, MCL 333.26421 to 333.26430.
9 (3) For purposes of subsection (1), "isomer" includes the
10 optical, position, and geometric isomers.
11 Sec. 7214. The following controlled substances are included
12 in schedule 2:
13 (a) Any of the following substances, except those narcotic
14 drugs listed in other schedules, whether produced directly or
15 indirectly by extraction from substances of vegetable origin, or
16 independently by means of chemical synthesis, or by combination
17 of extraction and chemical synthesis:
18 (i) Opium and opiate, and any salt, compound, derivative, or
19 preparation of opium or opiate excluding nalaxone and its salts,
20 and excluding naltrexone and its salts, but including the
21 following:
22 Raw opium Etorphine hydrochloride
23 Opium extracts Hydrocodone
24 Opium Fluid-extracts Hydromorphone
25 Powdered opium Metopon
26 Granulated opium Morphine
1 Tincture of opium Oxycodone
2 Codeine Oxymorphone
3 Ethylmorphine Thebaine
4 (ii) A salt, compound, derivative, or preparation thereof
5 which is chemically equivalent to or identical with a substance
6 referred to in subdivision (a), except that these substances do
7 not include the isoquinoline alkaloids of opium.
8 (iii) Opium poppy, poppy straw, and concentrate of poppy
9 straw, the crude extract of poppy straw in either liquid, solid,
10 or powder form, which contains the phenanthrene alkaloids of the
11 opium poppy.
12 (iv) Coca leaves and any salt, compound, derivative, or
13 preparation thereof which is chemically equivalent to or
14 identical with any of these substances, except that the
15 substances do not include decocainized coca leaves or extraction
16 of coca leaves which extractions do not contain cocaine or
17 ecgonine. The substances include cocaine, its salts,
18 stereoisomers, and salts of stereoisomers when the existence of
19 the salts, stereoisomers, and salts of stereoisomers is possible
20 within the specific chemical designation.
21 (b) Any of the following opiates, including their isomers,
22 esters, ethers, salts, and salts of isomers, when the existence
23 of these isomers, esters, ethers, and salts is possible within
24 the specific chemical designation:
25 Alphaprodine Fentanyl
26 Anileridine Isomethadone
1 Bezitramide Levomethorphan
2 Dihydrocodeine Levorphanol
3 Diphenoxylate Metazocine
4
5 Methadone
6 Methadone-Intermediate, 4-cyano-2dimethylamino-4, 4-diphenyl butane
7 Moramide-Intermediate, 2-methyl-3-morpholino-1,
8 1-diphenylpropane-carboxylic acid
9
10 Pethidine
11 Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine
12 Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate
13 Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-
14 carboxylic acid
15
16 Phenazocine Racemethorphan
17 Piminodine Racemorphan
18 (c) Unless listed in another schedule, any material,
19 compound, mixture, or preparation which contains any quantity of
20 the following substances having potential for abuse associated
21 with a stimulant effect on the nervous system:
22 (i) Amphetamine, its salts, optical isomers, and salts of its
23 optical isomers.
24 (ii) Any substance which contains any quantity of
25 methamphetamine, including its salts, stereoisomers, and salts of
26 stereoisomers.
27 (iii) Phenmetrazine and its salts.
28 (iv) Methylphenidate and its salts.
29 (d) Any material, compound, mixture, or preparation,
1 including its salts, isomers, and salts of isomers when the
2 existence of the salts, isomers, and salts of isomers is possible
3 within the specific chemical designation as listed in schedule 2,
4 which contains any quantity of the following substances having a
5 potential for abuse associated with the depressant effect on the
6 central nervous system: methaqualone, amobarbital, pentobarbital,
7 or secobarbital; or, any compound, mixture, or preparation
8 containing amobarbital, secobarbital, pentobarbital, or any salt
9 thereof in combination with itself, with another, or with 1 or
10 more other controlled substances.
11 (e) Marihuana, but only for use as provided in sections 7335
12 and 7336 the Michigan medical marihuana act, 2008 IL 1, MCL
13 333.26421 to 333.26430.
14 Enacting section 1. Sections 7335 and 7336 of the public
15 health code, 1978 PA 368, MCL 333.7335 and 333.7336, are
16 repealed.
17 Enacting section 2. This amendatory act does not take effect
18 unless Senate Bill No.____ or House Bill No. 5289(request no.
19 02584'09 a) of the 95th Legislature is enacted into law.