PUBLIC ACT 248 of 1996 (S.B. 283) Section 1. Sections 7401 and 7403 of Act No. 368 of the Public Acts of 1978, as amended by Act No. 221 of the Public Acts of 1994, being sections 333.7401 and 333.7403 of the Michigan Compiled Laws, are amended to read as follows: 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, an official 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 is in an amount of 650 grams or more of any mixture containing that substance is guilty of a felony and shall be imprisoned for life except as otherwise provided in this subparagraph. A person convicted of violating this subparagraph may be punished as provided by law by imposing a sentence of imprisonment for any term of years but not less than 25 years if any of the following apply: (A) The person is within the jurisdiction of the circuit court or recorder's court of the city of Detroit under section 606 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 6OO.606 of the Michigan Compiled Laws, section 4 of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.4 of the Michigan Compiled Laws, or section 10A(1)(c) of Act No. 369 of the Public Acts of 1919, being section 725.10A of the Michigan Compiled Laws. (B) The person is being sentenced under section 18(1)(n) of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.18 of the Michigan Compiled Laws. (ii) Which is in an amount of 225 grams or more, but less than 650 grams, of any mixture containing that substance is guilty of a felony and shall be imprisoned for not less than 20 years nor more than 30 years. (iii) Which is in an amount of 50 grams or more, but less than 225 grams, of any mixture containing that substance is guilty of a felony and shall be imprisoned for not less than 10 years nor more than 20 years. (iv) Which is in an amount less than 50 grams, of any mixture containing that substance is guilty of a felony and shall be imprisoned for not less than 1 year nor more than 20 years, and may be fined not more than $ 25,000.00, or placed on probation for life. (b) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana, is guilty of a felony punishable by imprisonment for not more than 7 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 than 4 years or a fine of not more than $ 2,000.00, or both. (d) Marihuana or a mixture containing marihuana, 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 than 15 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 than 7 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 than 4 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) An official prescription form or a counterfeit official prescription form, is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $ 25,000.00. or both. (g) A prescription form or a counterfeit prescription form other than an official prescription form or a counterfeit official prescription form, is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $ 5,000.00, or both. (3) A term of imprisonment imposed pursuant to subsection (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) shall be imposed to run consecutively with any term of imprisonment imposed for the commission of another felony. An individual subject to a mandatory term of imprisonment under subsection (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) shall not be eligible for probation, suspension of that sentence, or parole during that mandatory term, except and only to the extent that those provisions permit probation for life, and shall not receive a reduction in that mandatory term of imprisonment by disciplinary credits or any other type of sentence credit reduction. (4) The court may depart from the minimum term of imprisonment authorized under subsection (2)(a)(ii), (iii), or (iv) if the court finds on the record that there are substantial and compelling reasons to do so. In addition, if any of the following apply, the court may depart from the minimum term of imprisonment authorized under subsection (2)(a)(ii), (iii), or (iv) if the individual has not previously been convicted of a felony or an assaultive crime and has not been convicted of another felony or assaultive crime arising from the same transaction as the violation of this section: (a) The person is within the jurisdiction of the circuit court or recorder's court of the city of Detroit under section 606 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.606 of the Michigan Compiled Laws, section 4 of chapter XllA of Act No. 288 of the Public Acts of 1939, being section 712A.4 of the Michigan Compiled Laws, or section 10a(1)(c) of Act No. 369 of the Public Acts of 1919, being section 725.10a of the Michigan Compiled Laws. (b) The person is being sentenced under section 18(1)(n) of chapter XllA of Act No. 288 of the Public Acts of 1939, being section 712A.18 of the Michigan Compiled Laws. (5) As used in this section: (a) "Assaultive crime" means a violation of chapter XI of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.81 to 750.90 of the Michigan Compiled Laws. (b) "Plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons. Sec. 7403. (1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or an official prescription form or a prescription form unless the controlled substance, controlled substance analogue, official prescription form, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article. (2) A person who violates this section as to: (a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv), and: (i) Which is in an amount of 650 grams or more of any mixture containing that substance is guilty of a felony and shall be imprisoned for life except as otherwise provided in this subparagraph. A person convicted of violating this subparagraph may be punished as provided by law by imposing a sentence of imprisonment for any term of years but not less than 25 years if any of the following apply: (A) The person is within the jurisdiction of the circuit court or recorder's court of the city of Detroit under section 606 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.606 of the Michigan Compiled Laws, section 4 of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.4 of the Michigan Compiled Laws, or section 10a(1)(c) of Act No. 369 of the Public Acts of 1919, being section 725.10a of the Michigan Compiled Laws. (B) The person is being sentenced under section 18(1)(n) of chapter XILA of Act No. 288 of the Public Acts of 1929, being section 712A.18 of the Michigan Compiled Laws. (ii) Which is in an amount of 225 grams or more, but less than 650 grams, of any mixture containing that substance is guilty of a felony and shall be imprisoned for not less than 20 years nor more than 30 years. (iii) Which is in an amount of 50 grams or more, but less than 225 grams, of any mixture containing that substance is guilty of a felony and shall be imprisoned for not less than 10 years nor more than 20 years. (iv) Which is in an amount of 25 grams or more, but less than 50 grams of any mixture containing that substance is guilty of a felony and shall be imprisoned for not less than 1 year and not more than 4 years, and may be fined not more than $ 25,000.00 or placed on probation for life. (v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $ 25,000.00, or both. (b) 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 felony punishable by imprisonment for not more than 2 years or a fine of not more than $ 2,000.00, or both. (c) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $ 2,000.00, or both. (d) Marihuana, 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) An official prescription form, is guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not more than $ 2,000.00, or both. (f) A prescription form other than an official 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 court may depart from the minimum term of imprisonment authorized under subsection (2)(a)(ii), (iii), or (iv) if the court finds on the record that there are substantial and compelling reasons to do so. In addition, if any of the following apply, the court may depart from the minimum term of imprisonment authorized under subsection (2)(a)(ii), (iii), or (iv) if the individual has not previously been convicted of a felony or an assaultive crime and has not been convicted of another felony or assaultive crime arising from the same transaction as the violation of this section: (a) The person is within the jurisdiction of the circuit court or recorder's court of the city of Detroit under section 606 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.606 of the Michigan Compiled Laws, section 4 of chapter XllA of Act No. 288 of the Public Acts of 1939, being section 712A.4 of the Michigan Compiled Laws, or section 10a(1)(c) of Act No. 369 of the Public Acts of 1919, being section 725.10a of the Michigan Compiled Laws. (b) The person is being sentenced under section 18(1)(n) of chapter XllA of Act No. 288 of the Public Acts of 1939, being section 712A.18 of the Michigan Compiled Laws. (4) As used in subsection (3), "assaultive crime" means a violation of chapter XI of the Michigan penal code, Act No. 325 of the Public Acts of 1921, being sections 750.81 to 750.90 of the Michigan Compiled Laws. Section 2. This amendatory act applies to offenses committed on or after its effective date. Section 3. This amendatory act shall take effect January 1,1997. Section 4. This amendatory act shall not take effect unless all of the following bills of the 88th Legislature are enacted into law: (a) Senate Bill No. 281. (b) Senate Hi]] No. 682. (c) Senate Bill No. 689. (d) Senate Bill No. 699. (e) Senate Bill No. 700. (f) Senate Bill No. 724. (g) Senate Bill No. 867. (h) Senate Bill No. 870. (i) House Bill No. 4037. (j) House Bill No. 4038. (k) House Bill No. 4044. (l) House Bill No. 4371. (m) House Bill No. 4445. (n) House Bill No. 4486. (o) House Bill No. 4487. (p) House Bill No. 4490. This act is ordered to take immediate effect.