Bill Text: MI SB0263 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Courts: other; public health code; amend to reflect marihuana violation sentence reduction act. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404). TIE BAR WITH: SB 0262'19
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-11 - Referred To Committee On Judiciary And Public Safety [SB0263 Detail]
Download: Michigan-2019-SB0263-Introduced.html
SENATE BILL No. 263
April 11, 2019, Introduced by Senator IRWIN and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404),
section 7403 as amended by 2016 PA 307 and section 7404 as amended
by 2016 PA 308.
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) That 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) That 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) That 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) That 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) That 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), (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 or a substance listed in section 7212(1)(d) 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.
(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) The following individuals are not in violation of this
section:
(a) An individual who seeks medical assistance for himself or
herself or who requires medical assistance and is presented for
assistance by another individual if he or she is incapacitated
because of a drug overdose or other perceived medical emergency
arising from the use of a controlled substance or a controlled
substance analogue that he or she possesses or possessed in an
amount sufficient only for personal use and the evidence of his or
her violation of this section is obtained as a result of the
individual's seeking or being presented for medical assistance.
(b) An individual who in good faith attempts to procure
medical assistance for another individual or who accompanies
another individual who requires medical assistance for a drug
overdose or other perceived medical emergency arising from the use
of a controlled substance or a controlled substance analogue that
he or she possesses or possessed in an amount sufficient only for
personal use and the evidence of his or her violation of this
section is obtained as a result of the individual's attempting to
procure medical assistance for another individual or as a result of
the individual's accompanying another individual who requires
medical assistance to a health facility or agency.
(4) A health facility or agency shall develop a process for
notification of the parent or parents, guardian, or custodian of a
minor under the age of 18 who is not emancipated under 1968 PA 293,
MCL 722.1 to 722.6, and who voluntarily presents himself or
herself, or is presented by another individual if he or she is
incapacitated, to a health facility or agency for emergency medical
treatment as provided in subsection (3). A health facility or
agency shall not provide notification to a parent or parents,
guardian, or custodian under this subsection for nonemergency
treatment without obtaining the minor's consent.
(5) The exemption from prosecution under this section provided
in subsection (3) does not prevent the investigation, arrest,
charging, or prosecution of an individual for any other violation
of the laws of this state or be grounds for suppression of evidence
in the prosecution of any other criminal charges.
(6) 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.
(7) A sentence for a violation of subsection (2)(d) relating
to marihuana is subject to the marihuana violation sentence
reduction act.
(8)
(7) As used in this section:
(a) "Drug overdose" means a condition including, but not
limited to, extreme physical illness, decreased level of
consciousness, respiratory depression, coma, mania, or death, that
is the result of consumption or use of a controlled substance or a
controlled substance analogue or a substance with which the
controlled substance or controlled substance analogue was combined,
or that a layperson would reasonably believe to be a drug overdose
that requires medical assistance.
(b) "Seeks medical assistance" means reporting a drug overdose
or other medical emergency to law enforcement, the 9-1-1 system, a
poison control center, or a medical provider, or assisting someone
in reporting a drug overdose or other medical emergency.
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 edulis, salvia divinorum, or a substance
described in section 7212(1)(d) or (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.
(3) The following individuals are not in violation of this
section:
(a) An individual who seeks medical assistance for himself or
herself or who requires medical assistance and is presented for
assistance by another individual if he or she is incapacitated
because of a drug overdose or other perceived medical emergency
arising from the use of a controlled substance or a controlled
substance analogue that he or she possesses or possessed in an
amount sufficient only for personal use and the evidence of his or
her violation of this section is obtained as a result of the
individual's seeking or being presented for medical assistance.
(b) An individual who in good faith attempts to procure
medical assistance for another individual or who accompanies
another individual who requires medical assistance for a drug
overdose or other perceived medical emergency arising from the use
of a controlled substance or a controlled substance analogue that
he or she possesses or possessed in an amount sufficient only for
personal use and the evidence of his or her violation of this
section is obtained as a result of the individual's attempting to
procure medical assistance for another individual or as a result of
the individual's accompanying another individual who requires
medical assistance to a health facility or agency.
(4) A health facility or agency shall develop a process for
notification of the parent or parents, guardian, or custodian of a
minor under the age of 18 who is not emancipated under 1968 PA 293,
MCL 722.1 to 722.6, and who voluntarily presents himself or
herself, or is presented by another individual if he or she is
incapacitated, to a health facility or agency for emergency medical
treatment as provided in subsection (3). A health facility or
agency shall not provide notification to a parent or parents,
guardian, or custodian under this subsection for nonemergency
treatment without obtaining the minor's consent.
(5) The exemption from prosecution under this section provided
in subsection (3) does not prevent the investigation, arrest,
charging, or prosecution of an individual for any other violation
of the laws of this state, or be grounds for suppression of
evidence in the prosecution of any other criminal charges.
(6) A sentence for a violation of subsection (2)(d) relating
to marihuana is subject to the marihuana violation sentence
reduction act.
(7)
(6) As used in this section:
(a) "Drug overdose" means a condition including, but not
limited to, extreme physical illness, decreased level of
consciousness, respiratory depression, coma, mania, or death, that
is the result of consumption or use of a controlled substance or a
controlled substance analogue or a substance with which the
controlled substance or controlled substance analogue was combined,
or that a layperson would reasonably believe to be a drug overdose
that requires medical assistance.
(b) "Seeks medical assistance" means reporting a drug overdose
or other medical emergency to law enforcement, the 9-1-1 system, a
poison control center, or a medical provider, or assisting someone
in reporting a drug overdose or other medical emergency.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 262
of the 100th Legislature is enacted into law.