Michigan 2023-2024 Regular Session

Michigan House Bill HB5124

Introduced
10/11/23  

Caption

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

Impact

The anticipated impact of HB 5124 on state laws is significant, particularly in terms of enhancing existing penalties for drug-related offenses. By defining specific quantity thresholds for various controlled substances, the bill establishes a framework that escalates punishment for more severe violations, including life imprisonment for the most egregious cases. This aligns with national trends seeking to combat the opioid epidemic through stricter law enforcement measures and judicial responses directed at serious drug offenses.

Summary

House Bill 5124 is proposed legislation aimed at amending Section 7401 of the Public Health Code in Michigan, addressing the manufacture, delivery, and possession of controlled substances, specifically focusing on heroin and fentanyl. The bill proposes increased penalties for serious offenses involving significant quantities of these substances, reflecting the severity of the ongoing opioid crisis. The amendments seek to introduce clear and stringent sentencing guidelines based on the quantities of controlled substances involved, particularly for substances classified in schedules 1 and 2.

Contention

Notable points of contention surrounding this bill include concerns from advocacy groups and some lawmakers regarding the focus on punitive measures rather than treatment-oriented approaches. Critics argue that harsh penalties may not effectively address the root causes of addiction and drug dependency, advocating instead for rehabilitation over incarceration. Debates may arise regarding the balance between public safety and the need for comprehensive approaches to health and social services that address addiction in a compassionate manner.

Companion Bills

No companion bills found.

Previously Filed As

MI HB5128

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI SB0430

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI HB4255

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver certain controlled substances; modify penalties. Amends secs. 7401, 7410 & 7417 of 1978 PA 368 (MCL 333.7401 et seq.) & adds secs. 7410b & 7417a.

MI SB0460

Crimes: controlled substances; crime of manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; modify penalties. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI SB0726

Crimes: controlled substances; crime of manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; modify penalties. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI HB5710

Criminal procedure: sentencing; mandatory sentencing for certain crimes in the public health code; require. Amends secs. 7340c, 7401, 7401c, 7402, 7403, 7404, 7405, 7406, 7410 & 17766c of 1978 PA 368 (MCL 333.7340c et seq.).

MI HB5126

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 5124'23

MI HB5130

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 5128'23

MI SB0431

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 0430'25

MI SB0499

Controlled substances: penalties; conduct associated with entheogenic plants and fungi; exempt from criminal penalties in certain circumstances. Amends secs. 7401, 7403 & 7404 of 1978 PA 368 (MCL 333.7401 et seq.).

Similar Bills

MI SB0460

Crimes: controlled substances; crime of manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; modify penalties. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI HB5128

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI SB0430

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI SB0726

Crimes: controlled substances; crime of manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; modify penalties. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

MI HB4255

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver certain controlled substances; modify penalties. Amends secs. 7401, 7410 & 7417 of 1978 PA 368 (MCL 333.7401 et seq.) & adds secs. 7410b & 7417a.

MA S929

To eliminate mandatory minimum sentences related to drug offenses

OK HB1567

Public health and safety; controlled dangerous substances; deeming certain unlawful act as aggravated trafficking; providing separate penalty provision for aggravated trafficking of fentanyl; effective date.

TX HB6

Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.