| 1 | 1 | | HOUSE BILL NO. 5710 A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7340c, 7401, 7401c, 7402, 7403, 7404, 7405, 7406, 7410, and 17766c (MCL 333.7340c, 333.7401, 333.7401c, 333.7402, 333.7403, 333.7404, 333.7405, 333.7406, 333.7410, and 333.17766c), section 7340c as amended by 2016 PA 125, section 7401 as amended by 2016 PA 548, section 7401c as amended by 2003 PA 310, section 7402 as amended by 2012 PA 183, section 7403 as amended by 2016 PA 307, section 7404 as amended by 2016 PA 308, section 7405 as amended by 2016 PA 49, section 7410 as amended by 2016 PA 128, and section 17766c as amended by 2014 PA 216. the people of the state of michigan enact: Sec. 7340c. (1) A person shall not solicit another person to purchase or otherwise obtain any amount of ephedrine or pseudoephedrine knowing that it is to be used for the purpose of illegally manufacturing methamphetamine. (2) Except as provided in subsection (3), a person who violates this section is guilty of a felony punishable by imprisonment for not more less than 10 years 182 days or more than life or any term of years or a fine of not more than $10,000.00, or both. (3) A person who attempts to violate subsection (1) 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. (4) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by the person while violating this section. (5) If a person is convicted of violating this section, the court shall report the violation to the department of state police. (6) For purposes of this section: (a) "Ephedrine" includes the salts and isomers and salts of isomers of ephedrine. (b) "Pseudoephedrine" includes the salts and isomers and salts of isomers of pseudoephedrine. Sec. 7401. (1) Except as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form. A practitioner licensed by the administrator under this article shall not dispense, prescribe, or administer a controlled substance for other than legitimate and professionally recognized therapeutic or scientific purposes or outside the scope of practice of the practitioner, licensee, or applicant. (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 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) Which 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 and punishable by imprisonment for not more less than 30 15 years or more than life or any term of years or a fine of not more than $500,000.00, or both. (iii) Which 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 less than 20 10 years or more than life or any term of years or a fine of not more than $250,000.00, or both. (iv) Which That is in an amount less than 50 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more less than 20 5 years or more than life or any term of 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 less than 20 15 years or more than life or any term of years or a fine of not more than $25,000.00, or both. (ii) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana or a substance listed in section 7212(1)(d), is guilty of a felony punishable by imprisonment for not more less than 7 10 years or more than life or any term of years or a fine of not more than $10,000.00, or both. (c) A substance classified in schedule 4 is guilty of a felony punishable by imprisonment for not more less than 4 5 years or more than life or any term of years or a fine of not more than $2,000.00, or both. (d) Marihuana, a mixture containing marihuana, or a substance listed in section 7212(1)(d) is guilty of a felony punishable as follows: (i) If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for not more less than 15 4 years or more than life or any term of years or a fine of not more than $10,000,000.00, or both. (ii) If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for not more less than 7 4 years or more than life or any term of years or a fine of not more than $500,000.00, or both. (iii) If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for not more less than 4 years or more than life or any term of years or a fine of not more than $20,000.00, or both. (e) A substance classified in schedule 5 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. (f) A prescription form or a counterfeit prescription form is guilty of a felony punishable by imprisonment for not more less than 7 4 years or more than life or any term of years or a fine of not more than $5,000.00, or both. (3) A term of imprisonment imposed under subsection (2)(a) may be imposed to run consecutively with any term of imprisonment imposed for the commission of another felony. (4) 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. (5) As used in this section, "plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons. Sec. 7401c. (1) A person shall not do any of the following: (a) Own, possess, or use a vehicle, building, structure, place, or area that he or she the person knows or has reason to know is to be used as a location to manufacture a controlled substance in violation of section 7401 or a counterfeit substance or a controlled substance analogue in violation of section 7402. (b) Own or possess any chemical or any laboratory equipment that he or she the person knows or has reason to know is to be used for the purpose of manufacturing a controlled substance in violation of section 7401 or a counterfeit substance or a controlled substance analogue in violation of section 7402. (c) Provide any chemical or laboratory equipment to another person knowing or having reason to know that the other person intends to use that chemical or laboratory equipment for the purpose of manufacturing a controlled substance in violation of section 7401 or a counterfeit substance or a controlled substance analogue in violation of section 7402. (2) A person who violates this section is guilty of a felony punishable as follows: (a) Except as provided in subdivisions (b) to (f), by imprisonment for not more less than 10 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. (b) If the violation is committed in the presence of a minor, by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. (c) If the violation involves the unlawful generation, treatment, storage, or disposal of a hazardous waste, by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. (d) If the violation occurs within 500 feet of a residence, business establishment, school property, or church or other house of worship, by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. (e) If the violation involves the possession, placement, or use of a firearm or any other device designed or intended to be used to injure another person, by imprisonment for not more than 25 years or a fine of not more than $100,000.00, or both. (f) If the violation involves or is intended to involve the manufacture of a substance described in section 7214(c)(ii), by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $25,000.00, or both. (3) This section does not apply to a violation involving only a substance described in section 7214(a)(iv) or marihuana, or both. (4) This section does not prohibit the person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section. (5) A term of imprisonment imposed under this section may be served consecutively to any other term of imprisonment imposed for a violation of law arising out of the same transaction. (6) The court may, as a condition of sentence, order a person convicted of a violation punishable under subsection (2)(c) to pay response activity costs arising out of the violation. (7) As used in this section: (a) "Hazardous waste" means that term as defined in section 11103 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11103. (b) "Laboratory equipment" means any equipment, device, or container used or intended to be used in the process of manufacturing a controlled substance, counterfeit substance, or controlled substance analogue. (c) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture does not include any of the following: (i) The packaging or repackaging of the substance or labeling or relabeling of its container. (ii) The preparation or compounding of a controlled substance by any of the following: (A) A practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her the practitioner's professional practice. (B) A practitioner, or by the practitioner's authorized agent under his or her the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (d) "Minor" means an individual less than 18 years of age. (e) "Response activity costs" means that term as defined in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101. (f) "School property" means that term as defined in section 7410. (g) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. Sec. 7402. (1) Except as authorized by this article, a person shall not create, manufacture, deliver, or possess with intent to deliver a counterfeit substance or a controlled substance analogue intended for human consumption. This section does not apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. 355. 21 USC 355. For purposes of this section, section 505 of the federal food, drug, and cosmetic act, shall be 21 USC 355, is applicable to the introduction or delivery for introduction of any new drug into intrastate, interstate, or foreign commerce. (2) A person who violates this section as to: (a) A counterfeit substance classified in schedule 1 or 2 which that is either a narcotic drug or a drug described in section 7212(1)(h) or 7214(a)(iv) or (c)(ii), is guilty of a felony punishable by imprisonment for not more less than 10 4 years or more than life or any term of years or a fine of not more than $10,000.00, or both. (b) Any other counterfeit substance classified in schedule 1, 2, or 3, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. (c) A counterfeit substance classified in schedule 4, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (d) A counterfeit substance classified in schedule 5, 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. (e) A controlled substance analogue, is guilty of a felony punishable by imprisonment for not more less than 15 4 years or more than life or any term of years or a fine of not more than $250,000.00, or both. 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 less than 30 15 years or more than life or any term of 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 less than 20 10 years or more than life or any term of 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 less than 4 5 years or more than life or any term of 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 less than 4 2 years or more than life or any term of 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 less than 10 2 years or more than life or any term of 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 less than 2 years or more than life or any term of 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 the individual or who requires medical assistance and is presented for assistance by another individual if he or she the individual 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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's 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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's 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 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, and who voluntarily presents himself or herself, the minor, or is presented by another individual if he or she the minor 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) 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 felony punishable by imprisonment for not more less than 1 year 2 years or more than life or any term of years 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 the individual or who requires medical assistance and is presented for assistance by another individual if he or she the individual 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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's 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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's 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 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, and who voluntarily presents himself or herself, the minor, or is presented by another individual if he or she the minor 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) 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. 7405. (1) A person shall not do any of the following: (a) If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333. (b) If the person is a licensee, manufacture a controlled substance not authorized by his or her the person's license or distribute, prescribe, or dispense a controlled substance not authorized by his or her the person's license to another licensee or other authorized person, except as authorized by rules promulgated by the administrator. (c) Refuse an entry into any premises for an inspection authorized by this article. (d) Knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances in violation of this article. (e) If the person is a practitioner, dispense a controlled substance under a prescription written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber licensed to practice in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances. (2) A Except as provided in subsection (3), a person who violates subsection (1) is subject to the penalties prescribed in section 7406. (3) A person who violates subsection (1)(d) is guilty of a felony punishable by imprisonment for not less than 4 years or more than life or any term of years or a fine of not more than $25,000.00, or both. Sec. 7406. A Except as provided in section 7405 for a violation of section 7405(1)(d), a person who violates section 7405 may be punished by a civil fine of not more than $25,000.00 in a proceeding in the circuit court. However, if the violation is prosecuted by a criminal indictment alleging that the violation was committed knowingly or intentionally, and the trier of the fact specifically finds that the violation was committed knowingly or intentionally, the person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both. Sec. 7410. (1) Except as otherwise provided in subsections (2) and (3), an individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering or distributing a controlled substance listed in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to an individual under 18 years of age who is at least 3 years the deliverer's or distributor's junior may be punished by the fine authorized by section 7401(2)(a)(iv) or by a term of imprisonment of not less than 1 year nor more than twice that authorized by section 7401(2)(a)(iv), or both. An individual 18 years of age or over who violates section 7401 or 7401b by delivering or distributing any other controlled substance listed in schedules 1 to 5 or gamma-butyrolactone to an individual under 18 years of age who is at least 3 years the distributor's junior may be punished by the fine authorized by section 7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not more than twice that authorized by section 7401(2)(b), (c), or (d) or 7401b, or both. (2) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to another person on or within 1,000 feet of school property or a library shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 4 years or more than 3 times that authorized by section 7401(2)(a)(iv) life or any term of years and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). (3) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by possessing with intent to deliver to another person on or within 1,000 feet of school property or a library a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 4 years or more than twice that authorized by section 7401(2)(a)(iv) life or any term of years and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). (4) An individual 18 years of age or over who violates section 7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing gamma-butyrolactone or a controlled substance on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401b or 7403(2)(a)(v), (b), (c), or (d). (5) The court may depart from the minimum term of imprisonment authorized under subsection (2) or (3) if the court finds on the record that there are substantial and compelling reasons to do so. (6) An individual 18 years of age or over who violates section 7401 by manufacturing methamphetamine as that term is described in section 7214(c)(ii) on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401(2)(b)(i). (7) A person who distributes marihuana without remuneration and not to further commercial distribution and who does not violate subsection (1) 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, unless the distribution is in accordance with the federal law or the law of this state. (8) As used in this section: (a) "Library" means a library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; a community college district; a college or university; or any private library open to the public. (b) "School property" means a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses. Sec. 17766c. (1) A person shall not do any of the following: (a) Purchase more than 3.6 grams of ephedrine or pseudoephedrine alone or in a mixture within a single calendar day. (b) Purchase more than 9 grams of ephedrine or pseudoephedrine alone or in a mixture within a 30-day period. (c) Possess more than 12 grams of ephedrine or pseudoephedrine alone or in a mixture. (d) Purchase or possess any amount of ephedrine or pseudoephedrine knowing or having reason to know that it is to be used to manufacture methamphetamine. (2) A person who violates this section is guilty of a crime as follows: (a) A person who violates subsection (1)(a) or (b) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (b) A person who violates subsection (1)(c) 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) A person who violates subsection (1)(d) is guilty of a felony punishable by imprisonment for not more less than 5 years 182 days or more than life or any term of years or a fine of not more than $5,000.00, or both. This subdivision does not prohibit the person from being charged with, convicted of, and sentenced for any other violation of law arising out of the violation of subsection (1)(d). (3) This section does not apply to any of the following: (a) A person who possesses ephedrine or pseudoephedrine pursuant to a license issued by this state or the United States to manufacture, deliver, dispense, possess with intent to manufacture or deliver, or possess a controlled substance, prescription drug, or other drug. (b) An individual who possesses ephedrine or pseudoephedrine pursuant to a prescription. (c) A person who possesses ephedrine or pseudoephedrine for retail sale pursuant to a license issued under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78. (d) A person who possesses ephedrine or pseudoephedrine in the course of his or her the person's business of selling or transporting ephedrine or pseudoephedrine to a person described in subdivision (a) or (c). (e) A person who, in the course of his or her the person's business, stores ephedrine or pseudoephedrine for sale or distribution to a person described in subdivision (a), (c), or (d). (f) Any product that the state board of pharmacy, upon application of a manufacturer, exempts from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine. (g) Possession of any pediatric product primarily intended for administration to children under 12 years of age according to label instructions. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 23 | 23 | | HOUSE BILL NO. 5710 |
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| 24 | 24 | | |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1978 PA 368, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Public health code," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending sections 7340c, 7401, 7401c, 7402, 7403, 7404, 7405, 7406, 7410, and 17766c (MCL 333.7340c, 333.7401, 333.7401c, 333.7402, 333.7403, 333.7404, 333.7405, 333.7406, 333.7410, and 333.17766c), section 7340c as amended by 2016 PA 125, section 7401 as amended by 2016 PA 548, section 7401c as amended by 2003 PA 310, section 7402 as amended by 2012 PA 183, section 7403 as amended by 2016 PA 307, section 7404 as amended by 2016 PA 308, section 7405 as amended by 2016 PA 49, section 7410 as amended by 2016 PA 128, and section 17766c as amended by 2014 PA 216. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 7340c. (1) A person shall not solicit another person to purchase or otherwise obtain any amount of ephedrine or pseudoephedrine knowing that it is to be used for the purpose of illegally manufacturing methamphetamine. |
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| 36 | 36 | | |
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| 37 | 37 | | (2) Except as provided in subsection (3), a person who violates this section is guilty of a felony punishable by imprisonment for not more less than 10 years 182 days or more than life or any term of years or a fine of not more than $10,000.00, or both. |
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| 38 | 38 | | |
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| 39 | 39 | | (3) A person who attempts to violate subsection (1) 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. |
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| 40 | 40 | | |
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| 41 | 41 | | (4) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by the person while violating this section. |
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| 42 | 42 | | |
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| 43 | 43 | | (5) If a person is convicted of violating this section, the court shall report the violation to the department of state police. |
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| 44 | 44 | | |
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| 45 | 45 | | (6) For purposes of this section: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) "Ephedrine" includes the salts and isomers and salts of isomers of ephedrine. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) "Pseudoephedrine" includes the salts and isomers and salts of isomers of pseudoephedrine. |
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| 50 | 50 | | |
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| 51 | 51 | | Sec. 7401. (1) Except as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form. A practitioner licensed by the administrator under this article shall not dispense, prescribe, or administer a controlled substance for other than legitimate and professionally recognized therapeutic or scientific purposes or outside the scope of practice of the practitioner, licensee, or applicant. |
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| 52 | 52 | | |
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| 53 | 53 | | (2) A person who violates this section as to: |
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| 54 | 54 | | |
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| 55 | 55 | | (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: |
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| 56 | 56 | | |
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| 57 | 57 | | (i) Which 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. |
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| 58 | 58 | | |
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| 59 | 59 | | (ii) Which 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 and punishable by imprisonment for not more less than 30 15 years or more than life or any term of years or a fine of not more than $500,000.00, or both. |
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| 60 | 60 | | |
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| 61 | 61 | | (iii) Which 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 less than 20 10 years or more than life or any term of years or a fine of not more than $250,000.00, or both. |
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| 62 | 62 | | |
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| 63 | 63 | | (iv) Which That is in an amount less than 50 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $25,000.00, or both. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) Either of the following: |
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| 66 | 66 | | |
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| 67 | 67 | | (i) A substance described in section 7212(1)(h) or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more less than 20 15 years or more than life or any term of years or a fine of not more than $25,000.00, or both. |
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| 68 | 68 | | |
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| 69 | 69 | | (ii) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana or a substance listed in section 7212(1)(d), is guilty of a felony punishable by imprisonment for not more less than 7 10 years or more than life or any term of years or a fine of not more than $10,000.00, or both. |
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| 70 | 70 | | |
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| 71 | 71 | | (c) A substance classified in schedule 4 is guilty of a felony punishable by imprisonment for not more less than 4 5 years or more than life or any term of years or a fine of not more than $2,000.00, or both. |
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| 72 | 72 | | |
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| 73 | 73 | | (d) Marihuana, a mixture containing marihuana, or a substance listed in section 7212(1)(d) is guilty of a felony punishable as follows: |
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| 74 | 74 | | |
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| 75 | 75 | | (i) If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for not more less than 15 4 years or more than life or any term of years or a fine of not more than $10,000,000.00, or both. |
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| 76 | 76 | | |
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| 77 | 77 | | (ii) If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for not more less than 7 4 years or more than life or any term of years or a fine of not more than $500,000.00, or both. |
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| 78 | 78 | | |
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| 79 | 79 | | (iii) If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for not more less than 4 years or more than life or any term of years or a fine of not more than $20,000.00, or both. |
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| 80 | 80 | | |
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| 81 | 81 | | (e) A substance classified in schedule 5 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. |
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| 82 | 82 | | |
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| 83 | 83 | | (f) A prescription form or a counterfeit prescription form is guilty of a felony punishable by imprisonment for not more less than 7 4 years or more than life or any term of years or a fine of not more than $5,000.00, or both. |
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| 84 | 84 | | |
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| 85 | 85 | | (3) A term of imprisonment imposed under subsection (2)(a) may be imposed to run consecutively with any term of imprisonment imposed for the commission of another felony. |
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| 86 | 86 | | |
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| 87 | 87 | | (4) 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. |
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| 88 | 88 | | |
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| 89 | 89 | | (5) As used in this section, "plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons. |
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| 90 | 90 | | |
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| 91 | 91 | | Sec. 7401c. (1) A person shall not do any of the following: |
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| 92 | 92 | | |
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| 93 | 93 | | (a) Own, possess, or use a vehicle, building, structure, place, or area that he or she the person knows or has reason to know is to be used as a location to manufacture a controlled substance in violation of section 7401 or a counterfeit substance or a controlled substance analogue in violation of section 7402. |
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| 94 | 94 | | |
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| 95 | 95 | | (b) Own or possess any chemical or any laboratory equipment that he or she the person knows or has reason to know is to be used for the purpose of manufacturing a controlled substance in violation of section 7401 or a counterfeit substance or a controlled substance analogue in violation of section 7402. |
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| 96 | 96 | | |
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| 97 | 97 | | (c) Provide any chemical or laboratory equipment to another person knowing or having reason to know that the other person intends to use that chemical or laboratory equipment for the purpose of manufacturing a controlled substance in violation of section 7401 or a counterfeit substance or a controlled substance analogue in violation of section 7402. |
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| 98 | 98 | | |
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| 99 | 99 | | (2) A person who violates this section is guilty of a felony punishable as follows: |
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| 100 | 100 | | |
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| 101 | 101 | | (a) Except as provided in subdivisions (b) to (f), by imprisonment for not more less than 10 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. |
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| 102 | 102 | | |
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| 103 | 103 | | (b) If the violation is committed in the presence of a minor, by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. |
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| 104 | 104 | | |
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| 105 | 105 | | (c) If the violation involves the unlawful generation, treatment, storage, or disposal of a hazardous waste, by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. |
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| 106 | 106 | | |
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| 107 | 107 | | (d) If the violation occurs within 500 feet of a residence, business establishment, school property, or church or other house of worship, by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $100,000.00, or both. |
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| 108 | 108 | | |
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| 109 | 109 | | (e) If the violation involves the possession, placement, or use of a firearm or any other device designed or intended to be used to injure another person, by imprisonment for not more than 25 years or a fine of not more than $100,000.00, or both. |
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| 110 | 110 | | |
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| 111 | 111 | | (f) If the violation involves or is intended to involve the manufacture of a substance described in section 7214(c)(ii), by imprisonment for not more less than 20 5 years or more than life or any term of years or a fine of not more than $25,000.00, or both. |
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| 112 | 112 | | |
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| 113 | 113 | | (3) This section does not apply to a violation involving only a substance described in section 7214(a)(iv) or marihuana, or both. |
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| 114 | 114 | | |
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| 115 | 115 | | (4) This section does not prohibit the person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section. |
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| 116 | 116 | | |
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| 117 | 117 | | (5) A term of imprisonment imposed under this section may be served consecutively to any other term of imprisonment imposed for a violation of law arising out of the same transaction. |
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| 118 | 118 | | |
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| 119 | 119 | | (6) The court may, as a condition of sentence, order a person convicted of a violation punishable under subsection (2)(c) to pay response activity costs arising out of the violation. |
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| 120 | 120 | | |
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| 121 | 121 | | (7) As used in this section: |
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| 122 | 122 | | |
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| 123 | 123 | | (a) "Hazardous waste" means that term as defined in section 11103 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11103. |
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| 124 | 124 | | |
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| 125 | 125 | | (b) "Laboratory equipment" means any equipment, device, or container used or intended to be used in the process of manufacturing a controlled substance, counterfeit substance, or controlled substance analogue. |
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| 126 | 126 | | |
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| 127 | 127 | | (c) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture does not include any of the following: |
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| 128 | 128 | | |
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| 129 | 129 | | (i) The packaging or repackaging of the substance or labeling or relabeling of its container. |
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| 130 | 130 | | |
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| 131 | 131 | | (ii) The preparation or compounding of a controlled substance by any of the following: |
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| 132 | 132 | | |
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| 133 | 133 | | (A) A practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her the practitioner's professional practice. |
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| 134 | 134 | | |
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| 135 | 135 | | (B) A practitioner, or by the practitioner's authorized agent under his or her the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. |
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| 136 | 136 | | |
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| 137 | 137 | | (d) "Minor" means an individual less than 18 years of age. |
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| 138 | 138 | | |
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| 139 | 139 | | (e) "Response activity costs" means that term as defined in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101. |
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| 140 | 140 | | |
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| 141 | 141 | | (f) "School property" means that term as defined in section 7410. |
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| 142 | 142 | | |
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| 143 | 143 | | (g) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. |
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| 144 | 144 | | |
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| 145 | 145 | | Sec. 7402. (1) Except as authorized by this article, a person shall not create, manufacture, deliver, or possess with intent to deliver a counterfeit substance or a controlled substance analogue intended for human consumption. This section does not apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. 355. 21 USC 355. For purposes of this section, section 505 of the federal food, drug, and cosmetic act, shall be 21 USC 355, is applicable to the introduction or delivery for introduction of any new drug into intrastate, interstate, or foreign commerce. |
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| 146 | 146 | | |
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| 147 | 147 | | (2) A person who violates this section as to: |
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| 148 | 148 | | |
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| 149 | 149 | | (a) A counterfeit substance classified in schedule 1 or 2 which that is either a narcotic drug or a drug described in section 7212(1)(h) or 7214(a)(iv) or (c)(ii), is guilty of a felony punishable by imprisonment for not more less than 10 4 years or more than life or any term of years or a fine of not more than $10,000.00, or both. |
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| 150 | 150 | | |
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| 151 | 151 | | (b) Any other counterfeit substance classified in schedule 1, 2, or 3, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. |
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| 152 | 152 | | |
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| 153 | 153 | | (c) A counterfeit substance classified in schedule 4, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. |
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| 154 | 154 | | |
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| 155 | 155 | | (d) A counterfeit substance classified in schedule 5, 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. |
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| 156 | 156 | | |
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| 157 | 157 | | (e) A controlled substance analogue, is guilty of a felony punishable by imprisonment for not more less than 15 4 years or more than life or any term of years or a fine of not more than $250,000.00, or both. |
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| 158 | 158 | | |
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| 159 | 159 | | 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. |
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| 160 | 160 | | |
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| 161 | 161 | | (2) A person who violates this section as to: |
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| 162 | 162 | | |
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| 163 | 163 | | (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: |
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| 164 | 164 | | |
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| 165 | 165 | | (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. |
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| 166 | 166 | | |
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| 167 | 167 | | (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 less than 30 15 years or more than life or any term of years or a fine of not more than $500,000.00, or both. |
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| 168 | 168 | | |
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| 169 | 169 | | (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 less than 20 10 years or more than life or any term of years or a fine of not more than $250,000.00, or both. |
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| 170 | 170 | | |
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| 171 | 171 | | (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 less than 4 5 years or more than life or any term of years or a fine of not more than $25,000.00, or both. |
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| 172 | 172 | | |
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| 173 | 173 | | (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 less than 4 2 years or more than life or any term of years or a fine of not more than $25,000.00, or both. |
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| 174 | 174 | | |
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| 175 | 175 | | (b) Either of the following: |
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| 176 | 176 | | |
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| 177 | 177 | | (i) A substance described in section 7212(1)(h) or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more less than 10 2 years or more than life or any term of years or a fine of not more than $15,000.00, or both. |
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| 178 | 178 | | |
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| 179 | 179 | | (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 less than 2 years or more than life or any term of years or a fine of not more than $2,000.00, or both. |
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| 180 | 180 | | |
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| 181 | 181 | | (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. |
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| 182 | 182 | | |
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| 183 | 183 | | (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. |
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| 184 | 184 | | |
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| 185 | 185 | | (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. |
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| 186 | 186 | | |
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| 187 | 187 | | (3) The following individuals are not in violation of this section: |
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| 188 | 188 | | |
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| 189 | 189 | | (a) An individual who seeks medical assistance for himself or herself the individual or who requires medical assistance and is presented for assistance by another individual if he or she the individual 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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's violation of this section is obtained as a result of the individual's seeking or being presented for medical assistance. |
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| 190 | 190 | | |
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| 191 | 191 | | (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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's 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. |
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| 192 | 192 | | |
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| 193 | 193 | | (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 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, and who voluntarily presents himself or herself, the minor, or is presented by another individual if he or she the minor 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. |
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| 194 | 194 | | |
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| 195 | 195 | | (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. |
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| 196 | 196 | | |
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| 197 | 197 | | (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. |
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| 198 | 198 | | |
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| 199 | 199 | | (7) As used in this section: |
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| 200 | 200 | | |
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| 201 | 201 | | (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. |
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| 202 | 202 | | |
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| 203 | 203 | | (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. |
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| 204 | 204 | | |
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| 205 | 205 | | 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. |
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| 206 | 206 | | |
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| 207 | 207 | | (2) A person who violates this section as to: |
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| 208 | 208 | | |
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| 209 | 209 | | (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 felony punishable by imprisonment for not more less than 1 year 2 years or more than life or any term of years or a fine of not more than $2,000.00, or both. |
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| 210 | 210 | | |
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| 211 | 211 | | (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. |
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| 212 | 212 | | |
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| 213 | 213 | | (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. |
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| 214 | 214 | | |
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| 215 | 215 | | (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. |
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| 216 | 216 | | |
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| 217 | 217 | | (3) The following individuals are not in violation of this section: |
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| 218 | 218 | | |
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| 219 | 219 | | (a) An individual who seeks medical assistance for himself or herself the individual or who requires medical assistance and is presented for assistance by another individual if he or she the individual 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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's violation of this section is obtained as a result of the individual's seeking or being presented for medical assistance. |
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| 220 | 220 | | |
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| 221 | 221 | | (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 the individual possesses or possessed in an amount sufficient only for personal use and the evidence of his or her the individual's 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. |
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| 222 | 222 | | |
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| 223 | 223 | | (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 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, and who voluntarily presents himself or herself, the minor, or is presented by another individual if he or she the minor 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. |
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| 224 | 224 | | |
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| 225 | 225 | | (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. |
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| 226 | 226 | | |
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| 227 | 227 | | (6) As used in this section: |
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| 228 | 228 | | |
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| 229 | 229 | | (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. |
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| 230 | 230 | | |
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| 231 | 231 | | (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. |
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| 232 | 232 | | |
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| 233 | 233 | | Sec. 7405. (1) A person shall not do any of the following: |
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| 234 | 234 | | |
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| 235 | 235 | | (a) If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333. |
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| 236 | 236 | | |
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| 237 | 237 | | (b) If the person is a licensee, manufacture a controlled substance not authorized by his or her the person's license or distribute, prescribe, or dispense a controlled substance not authorized by his or her the person's license to another licensee or other authorized person, except as authorized by rules promulgated by the administrator. |
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| 238 | 238 | | |
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| 239 | 239 | | (c) Refuse an entry into any premises for an inspection authorized by this article. |
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| 240 | 240 | | |
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| 241 | 241 | | (d) Knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances in violation of this article. |
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| 242 | 242 | | |
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| 243 | 243 | | (e) If the person is a practitioner, dispense a controlled substance under a prescription written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber licensed to practice in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances. |
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| 244 | 244 | | |
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| 245 | 245 | | (2) A Except as provided in subsection (3), a person who violates subsection (1) is subject to the penalties prescribed in section 7406. |
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| 246 | 246 | | |
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| 247 | 247 | | (3) A person who violates subsection (1)(d) is guilty of a felony punishable by imprisonment for not less than 4 years or more than life or any term of years or a fine of not more than $25,000.00, or both. |
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| 248 | 248 | | |
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| 249 | 249 | | Sec. 7406. A Except as provided in section 7405 for a violation of section 7405(1)(d), a person who violates section 7405 may be punished by a civil fine of not more than $25,000.00 in a proceeding in the circuit court. However, if the violation is prosecuted by a criminal indictment alleging that the violation was committed knowingly or intentionally, and the trier of the fact specifically finds that the violation was committed knowingly or intentionally, the person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both. |
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| 250 | 250 | | |
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| 251 | 251 | | Sec. 7410. (1) Except as otherwise provided in subsections (2) and (3), an individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering or distributing a controlled substance listed in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to an individual under 18 years of age who is at least 3 years the deliverer's or distributor's junior may be punished by the fine authorized by section 7401(2)(a)(iv) or by a term of imprisonment of not less than 1 year nor more than twice that authorized by section 7401(2)(a)(iv), or both. An individual 18 years of age or over who violates section 7401 or 7401b by delivering or distributing any other controlled substance listed in schedules 1 to 5 or gamma-butyrolactone to an individual under 18 years of age who is at least 3 years the distributor's junior may be punished by the fine authorized by section 7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not more than twice that authorized by section 7401(2)(b), (c), or (d) or 7401b, or both. |
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| 252 | 252 | | |
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| 253 | 253 | | (2) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to another person on or within 1,000 feet of school property or a library shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 4 years or more than 3 times that authorized by section 7401(2)(a)(iv) life or any term of years and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). |
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| 254 | 254 | | |
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| 255 | 255 | | (3) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by possessing with intent to deliver to another person on or within 1,000 feet of school property or a library a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 4 years or more than twice that authorized by section 7401(2)(a)(iv) life or any term of years and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). |
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| 256 | 256 | | |
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| 257 | 257 | | (4) An individual 18 years of age or over who violates section 7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing gamma-butyrolactone or a controlled substance on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401b or 7403(2)(a)(v), (b), (c), or (d). |
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| 258 | 258 | | |
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| 259 | 259 | | (5) The court may depart from the minimum term of imprisonment authorized under subsection (2) or (3) if the court finds on the record that there are substantial and compelling reasons to do so. |
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| 260 | 260 | | |
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| 261 | 261 | | (6) An individual 18 years of age or over who violates section 7401 by manufacturing methamphetamine as that term is described in section 7214(c)(ii) on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401(2)(b)(i). |
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| 262 | 262 | | |
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| 263 | 263 | | (7) A person who distributes marihuana without remuneration and not to further commercial distribution and who does not violate subsection (1) 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, unless the distribution is in accordance with the federal law or the law of this state. |
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| 264 | 264 | | |
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| 265 | 265 | | (8) As used in this section: |
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| 266 | 266 | | |
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| 267 | 267 | | (a) "Library" means a library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; a community college district; a college or university; or any private library open to the public. |
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| 268 | 268 | | |
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| 269 | 269 | | (b) "School property" means a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses. |
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| 270 | 270 | | |
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| 271 | 271 | | Sec. 17766c. (1) A person shall not do any of the following: |
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| 272 | 272 | | |
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| 273 | 273 | | (a) Purchase more than 3.6 grams of ephedrine or pseudoephedrine alone or in a mixture within a single calendar day. |
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| 274 | 274 | | |
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| 275 | 275 | | (b) Purchase more than 9 grams of ephedrine or pseudoephedrine alone or in a mixture within a 30-day period. |
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| 276 | 276 | | |
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| 277 | 277 | | (c) Possess more than 12 grams of ephedrine or pseudoephedrine alone or in a mixture. |
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| 278 | 278 | | |
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| 279 | 279 | | (d) Purchase or possess any amount of ephedrine or pseudoephedrine knowing or having reason to know that it is to be used to manufacture methamphetamine. |
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| 280 | 280 | | |
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| 281 | 281 | | (2) A person who violates this section is guilty of a crime as follows: |
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| 282 | 282 | | |
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| 283 | 283 | | (a) A person who violates subsection (1)(a) or (b) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. |
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| 284 | 284 | | |
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| 285 | 285 | | (b) A person who violates subsection (1)(c) 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. |
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| 286 | 286 | | |
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| 287 | 287 | | (c) A person who violates subsection (1)(d) is guilty of a felony punishable by imprisonment for not more less than 5 years 182 days or more than life or any term of years or a fine of not more than $5,000.00, or both. This subdivision does not prohibit the person from being charged with, convicted of, and sentenced for any other violation of law arising out of the violation of subsection (1)(d). |
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| 288 | 288 | | |
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| 289 | 289 | | (3) This section does not apply to any of the following: |
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| 290 | 290 | | |
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| 291 | 291 | | (a) A person who possesses ephedrine or pseudoephedrine pursuant to a license issued by this state or the United States to manufacture, deliver, dispense, possess with intent to manufacture or deliver, or possess a controlled substance, prescription drug, or other drug. |
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| 292 | 292 | | |
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| 293 | 293 | | (b) An individual who possesses ephedrine or pseudoephedrine pursuant to a prescription. |
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| 294 | 294 | | |
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| 295 | 295 | | (c) A person who possesses ephedrine or pseudoephedrine for retail sale pursuant to a license issued under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78. |
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| 296 | 296 | | |
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| 297 | 297 | | (d) A person who possesses ephedrine or pseudoephedrine in the course of his or her the person's business of selling or transporting ephedrine or pseudoephedrine to a person described in subdivision (a) or (c). |
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| 298 | 298 | | |
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| 299 | 299 | | (e) A person who, in the course of his or her the person's business, stores ephedrine or pseudoephedrine for sale or distribution to a person described in subdivision (a), (c), or (d). |
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| 300 | 300 | | |
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| 301 | 301 | | (f) Any product that the state board of pharmacy, upon application of a manufacturer, exempts from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine. |
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| 302 | 302 | | |
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| 303 | 303 | | (g) Possession of any pediatric product primarily intended for administration to children under 12 years of age according to label instructions. |
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| 304 | 304 | | |
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| 305 | 305 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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