Bill Text: MI HB4623 | 2013-2014 | 97th Legislature | Introduced


Bill Title: Controlled substances; marihuana; possession or use of 1 ounce or less of marihuana; decriminalize under certain circumstances. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404).

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2013-04-25 - Printed Bill Filed 04/25/2013 [HB4623 Detail]

Download: Michigan-2013-HB4623-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4623

 

April 24, 2013, Introduced by Reps. Irwin, Callton, Robinson, Cavanagh, Shirkey, Switalski and Hovey-Wright and referred to the Committee on Judiciary.

 

     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.

 

     (c) Lysergic acid diethylamide, peyote, mescaline,

 

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, as follows:

 

     (i) Except as provided in subparagraph (ii), the person 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.

 

     (ii) If the violation involves 1 ounce of marihuana or less,

 

the person is responsible for a state civil infraction and is

 

subject to a fine as follows:

 

     (A) If the person has no prior conviction or finding of

 

responsibility for violating this subdivision or a local ordinance

 

substantially corresponding to this subdivision, the person may be

 

fined not more than $25.00.

 

     (B) If the person has 1 prior conviction or finding of

 

responsibility for violating this subdivision or a local ordinance

 

substantially corresponding to this subdivision in any combination,

 

the person shall be fined not less than $25.00 or more than $50.00.

 

     (C) If the person has more than 1 prior conviction or finding

 

of responsibility for violating this subdivision or a local

 

ordinance substantially corresponding to this subdivision in any


 

combination, the person shall be fined not less than $50.00 or more

 

than $100.00.

 

     (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) 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.

 

     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.

 

     (c) Lysergic acid diethylamide, peyote, mescaline,

 

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 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.

 

     (e) Marihuana is responsible for a state civil infraction and

 

is subject to a fine as follows:

 

     (i) If the person has no prior conviction or finding of

 

responsibility for violating this subdivision or a local ordinance

 

substantially corresponding to this subdivision, the person may be

 

fined not more than $25.00.

 

     (ii) If the person has 1 prior conviction or finding of

 

responsibility for violating this subdivision or a local ordinance

 

substantially corresponding to this subdivision in any combination,

 

the person shall be fined not less than $25.00 or more than $50.00.

 

     (iii) If the person has more than 1 prior conviction or finding

 

of responsibility for violating this subdivision or a local


 

ordinance substantially corresponding to this subdivision in any

 

combination, the person shall be fined not less than $50.00 or more

 

than $100.00.

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