Bill Text: MI HB4508 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Criminal procedure; forfeiture; forfeiture of vehicle used by individual to purchase or possess 1 ounce or less of marihuana; create exception. Amends sec. 7521 of 1978 PA 368 (MCL 333.7521).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-09 - Referred To Committee On Judiciary [HB4508 Detail]

Download: Michigan-2015-HB4508-Engrossed.html

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HB-4508, As Passed House, June 4, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4508

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7521. (1) The following property is subject to

 

forfeiture:

 

     (a) A prescription form, controlled substance, an imitation

 

controlled substance, a controlled substance analogue, or other

 

drug that has been manufactured, distributed, dispensed, used,

 

possessed, or acquired in violation of this article.

 

     (b) A raw material, product, or equipment of any kind that is

 

used, or intended for use, in manufacturing, compounding,

 

processing, delivering, importing, or exporting a controlled

 

substance, a controlled substance analogue, or other drug in

violation of this article; or a raw material, product, or equipment

 

of any kind that is intended for use in manufacturing, compounding,

 

processing, delivering, importing, or exporting an imitation

 

controlled substance in violation of section 7341.

 

     (c) Property that is used, or intended for use, as a container

 

for property described in subdivision (a) or (b).

 

     (d) Except as provided in subparagraphs (i) to (iv), (v), a

 

conveyance, including an aircraft, vehicle, or vessel used or

 

intended for use, to transport, or in any manner to facilitate the

 

transportation, for the purpose of sale or receipt of property

 

described in subdivision (a) or (b):

 

     (i) A conveyance used by a person as a common carrier in the

 

transaction of business as a common carrier is not subject to

 

forfeiture unless it appears that the owner or other person in

 

charge of the conveyance is a consenting party or privy to a

 

violation of this article.

 

     (ii) A conveyance is not subject to forfeiture by reason of

 

any act or omission established by the owner of that conveyance to

 

have been committed or omitted without the owner's knowledge or

 

consent.

 

     (iii) A conveyance is not subject to forfeiture for a

 

violation of section 7403(2)(c) or (d), section 7404, or section

 

7341(4).

 

     (iv) A forfeiture of a conveyance encumbered by a bona fide

 

security interest is subject to the interest of the secured party

 

who neither had knowledge of nor consented to the act or omission.

 

     (v) A conveyance used only to purchase or receive not more

than 1 ounce of marihuana for personal use is not subject to

 

forfeiture. This subparagraph applies to proceedings commenced

 

under this article on or after the effective date of the amendatory

 

act that added this subparagraph.

 

     (e) Books, records, and research products and materials,

 

including formulas, microfilm, tapes, and data used, or intended

 

for use, in violation of this article.

 

     (f) Any thing of value that is furnished or intended to be

 

furnished in exchange for a controlled substance, an imitation

 

controlled substance, or other drug in violation of this article

 

that is traceable to an exchange for a controlled substance, an

 

imitation controlled substance, or other drug in violation of this

 

article or that is used or intended to be used to facilitate any

 

violation of this article including, but not limited to, money,

 

negotiable instruments, or securities. To the extent of the

 

interest of an owner, a thing of value is not subject to forfeiture

 

under this subdivision by reason of any act or omission that is

 

established by the owner of the item to have been committed or

 

omitted without the owner's knowledge or consent. Any money that is

 

found in close proximity to any property that is subject to

 

forfeiture under subdivision (a), (b), (c), (d), or (e) is presumed

 

to be subject to forfeiture under this subdivision. This

 

presumption may be rebutted by clear and convincing evidence.

 

     (g) Any other drug paraphernalia not described in subdivision

 

(b) or (c).

 

     (2) As used in this section, "imitation controlled substance"

 

means that term as defined in section 7341.