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HOUSE BILL NO. 5914
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,
April 29, 2026, Introduced by Reps. Schuette, Hoadley, St. Germaine, Wozniak, Pavlov and Bruck
and referred to Committee on Judiciary.
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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 1
purchase or otherwise obtain any amount of ephedrine or 2
pseudoephedrine knowing that it is to be used for the purpose of 3
illegally manufacturing methamphetamine. 4
(2) Except as provided in subsection (3), a person who 5
violates this section is guilty of a felony punishable by 6
imprisonment for life or any term of years but not more less than 7
10 years 182 days or a fine of not more than $10,000.00, or both. 8
(3) A person who attempts to violate subsection (1) is guilty 9
of a misdemeanor punishable by imprisonment for not more than 1 10
year or a fine of not more than $1,000.00, or both. 11
(4) This section does not prohibit the person from being 12
charged with, convicted of, or sentenced for any other violation of 13
law committed by the person while violating this section. 14
(5) If a person is convicted of violating this section, the 15
court shall report the violation to the department of state police. 16
(6) For purposes of this section: 17
(a) "Ephedrine" includes the salts and isomers and salts of 18
isomers of ephedrine. 19
(b) "Pseudoephedrine" includes the salts and isomers and salts 20
of isomers of pseudoephedrine. 21
Sec. 7401. (1) Except as authorized by this article, a person 22
shall not manufacture, create, deliver, or possess with intent to 23
manufacture, create, or deliver a controlled substance, a 24
prescription form, or a counterfeit prescription form. A 25
practitioner licensed by the administrator under this article shall 26
not dispense, prescribe, or administer a controlled substance for 27
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other than legitimate and professionally recognized therapeutic or 1
scientific purposes or outside the scope of practice of the 2
practitioner, licensee, or applicant. 3
(2) A person who violates this section as to: 4
(a) A controlled substance classified in schedule 1 or 2 that 5
is a narcotic drug or a drug described in section 7214(a)(iv) and: 6
(i) Which That is in an amount of 1,000 grams or more of any 7
mixture containing that substance is guilty of a felony punishable 8
by imprisonment for life or any term of years or a fine of not more 9
than $1,000,000.00, or both. 10
(ii) Which That is in an amount of 450 grams or more, but less 11
than 1,000 grams, of any mixture containing that substance is 12
guilty of a felony and punishable by imprisonment for life or any 13
term of years but not more less than 30 15 years or a fine of not 14
more than $500,000.00, or both. 15
(iii) Which That is in an amount of 50 grams or more, but less 16
than 450 grams, of any mixture containing that substance is guilty 17
of a felony punishable by imprisonment for life or any term of 18
years but not more less than 20 10 years or a fine of not more than 19
$250,000.00, or both. 20
(iv) Which That is in an amount less than 50 grams, of any 21
mixture containing that substance is guilty of a felony punishable 22
by imprisonment for life or any term of years but not more less 23
than 20 5 years or a fine of not more than $25,000.00, or both. 24
(b) Either of the following: 25
(i) A substance described in section 7212(1)(h) or 7214(c)(ii) 26
is guilty of a felony punishable by imprisonment for life or any 27
term of years but not more less than 20 15 years or a fine of not 28
more than $25,000.00, or both. 29
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(ii) Any other controlled substance classified in schedule 1, 1
2, or 3, except marihuana or a substance listed in section 2
7212(1)(d), is guilty of a felony punishable by imprisonment for 3
life or any term of years but not more less than 7 10 years or a 4
fine of not more than $10,000.00, or both. 5
(c) A substance classified in schedule 4 is guilty of a felony 6
punishable by imprisonment for life or any term of years but not 7
more less than 4 5 years or a fine of not more than $2,000.00, or 8
both. 9
(d) Marihuana, a mixture containing marihuana, or a substance 10
listed in section 7212(1)(d) is guilty of a felony punishable as 11
follows: 12
(i) If the amount is 45 kilograms or more, or 200 plants or 13
more, by imprisonment for life or any term of years but not more 14
less than 15 4 years or a fine of not more than $10,000,000.00, or 15
both. 16
(ii) If the amount is 5 kilograms or more but less than 45 17
kilograms, or 20 plants or more but fewer than 200 plants, by 18
imprisonment for life or any term of years but not more less than 7 19
4 years or a fine of not more than $500,000.00, or both. 20
(iii) If the amount is less than 5 kilograms or fewer than 20 21
plants, by imprisonment for life or any term of years but not more 22
less than 4 years or a fine of not more than $20,000.00, or both. 23
(e) A substance classified in schedule 5 is guilty of a felony 24
punishable by imprisonment for not more than 2 years or a fine of 25
not more than $2,000.00, or both. 26
(f) A prescription form or a counterfeit prescription form is 27
guilty of a felony punishable by imprisonment for life or any term 28
of years but not more less than 7 4 years or a fine of not more 29
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than $5,000.00, or both. 1
(3) A term of imprisonment imposed under subsection (2)(a) may 2
be imposed to run consecutively with any term of imprisonment 3
imposed for the commission of another felony. 4
(4) If an individual was sentenced to lifetime probation under 5
subsection (2)(a)(iv) as it existed before March 1, 2003 and the 6
individual has served 5 or more years of that probationary period, 7
the probation officer for that individual may recommend to the 8
court that the court discharge the individual from probation. If an 9
individual's probation officer does not recommend discharge as 10
provided in this subsection, with notice to the prosecutor, the 11
individual may petition the court seeking resentencing under the 12
court rules. The court may discharge an individual from probation 13
as provided in this subsection. An individual may file more than 1 14
motion seeking resentencing under this subsection. 15
(5) As used in this section, "plant" means a marihuana plant 16
that has produced cotyledons or a cutting of a marihuana plant that 17
has produced cotyledons. 18
Sec. 7401c. (1) A person shall not do any of the following: 19
(a) Own, possess, or use a vehicle, building, structure, 20
place, or area that he or she the person knows or has reason to 21
know is to be used as a location to manufacture a controlled 22
substance in violation of section 7401 or a counterfeit substance 23
or a controlled substance analogue in violation of section 7402. 24
(b) Own or possess any chemical or any laboratory equipment 25
that he or she the person knows or has reason to know is to be used 26
for the purpose of manufacturing a controlled substance in 27
violation of section 7401 or a counterfeit substance or a 28
controlled substance analogue in violation of section 7402. 29
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(c) Provide any chemical or laboratory equipment to another 1
person knowing or having reason to know that the other person 2
intends to use that chemical or laboratory equipment for the 3
purpose of manufacturing a controlled substance in violation of 4
section 7401 or a counterfeit substance or a controlled substance 5
analogue in violation of section 7402. 6
(2) A person who violates this section is guilty of a felony 7
punishable as follows: 8
(a) Except as provided in subdivisions (b) to (f), by 9
imprisonment for life or any term of years but not more less than 10
10 5 years or a fine of not more than $100,000.00, or both. 11
(b) If the violation is committed in the presence of a minor, 12
by imprisonment for life or any term of years but not more less 13
than 20 5 years or a fine of not more than $100,000.00, or both. 14
(c) If the violation involves the unlawful generation, 15
treatment, storage, or disposal of a hazardous waste, by 16
imprisonment for life or any term of years but not more less than 17
20 5 years or a fine of not more than $100,000.00, or both. 18
(d) If the violation occurs within 500 feet of a residence, 19
business establishment, school property, or church or other house 20
of worship, by imprisonment for life or any term of years but not 21
more less than 20 5 years or a fine of not more than $100,000.00, 22
or both. 23
(e) If the violation involves the possession, placement, or 24
use of a firearm or any other device designed or intended to be 25
used to injure another person, by imprisonment for not more than 25 26
years or a fine of not more than $100,000.00, or both. 27
(f) If the violation involves or is intended to involve the 28
manufacture of a substance described in section 7214(c)(ii), by 29
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imprisonment for life or any term of years but not more less than 1
20 5 years or a fine of not more than $25,000.00, or both. 2
(3) This section does not apply to a violation involving only 3
a substance described in section 7214(a)(iv) or marihuana, or both. 4
(4) This section does not prohibit the person from being 5
charged with, convicted of, or punished for any other violation of 6
law committed by that person while violating or attempting to 7
violate this section. 8
(5) A term of imprisonment imposed under this section may be 9
served consecutively to any other term of imprisonment imposed for 10
a violation of law arising out of the same transaction. 11
(6) The court may, as a condition of sentence, order a person 12
convicted of a violation punishable under subsection (2)(c) to pay 13
response activity costs arising out of the violation. 14
(7) As used in this section: 15
(a) "Hazardous waste" means that term as defined in section 16
11103 of the natural resources and environmental protection act, 17
1994 PA 451, MCL 324.11103. 18
(b) "Laboratory equipment" means any equipment, device, or 19
container used or intended to be used in the process of 20
manufacturing a controlled substance, counterfeit substance, or 21
controlled substance analogue. 22
(c) "Manufacture" means the production, preparation, 23
propagation, compounding, conversion, or processing of a controlled 24
substance, directly or indirectly by extraction from substances of 25
natural origin, or independently by means of chemical synthesis, or 26
by a combination of extraction and chemical synthesis. Manufacture 27
does not include any of the following: 28
(i) The packaging or repackaging of the substance or labeling 29
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or relabeling of its container. 1
(ii) The preparation or compounding of a controlled substance 2
by any of the following: 3
(A) A practitioner as an incident to the practitioner's 4
administering or dispensing of a controlled substance in the course 5
of his or her the practitioner's professional practice. 6
(B) A practitioner, or by the practitioner's authorized agent 7
under his or her the practitioner's supervision, for the purpose 8
of, or as an incident to, research, teaching, or chemical analysis 9
and not for sale. 10
(d) "Minor" means an individual less than 18 years of age. 11
(e) "Response activity costs" means that term as defined in 12
section 20101 of the natural resources and environmental protection 13
act, 1994 PA 451, MCL 324.20101. 14
(f) "School property" means that term as defined in section 15
7410. 16
(g) "Vehicle" means that term as defined in section 79 of the 17
Michigan vehicle code, 1949 PA 300, MCL 257.79. 18
Sec. 7402. (1) Except as authorized by this article, a person 19
shall not create, manufacture, deliver, or possess with intent to 20
deliver a counterfeit substance or a controlled substance analogue 21
intended for human consumption. This section does not apply to a 22
person who manufactures or distributes a substance in conformance 23
with the provisions of an approved new drug application or an 24
exemption for investigational use within the meaning of section 505 25
of the federal food, drug, and cosmetic act, 21 U.S.C. 355. 21 USC 26
355. For purposes of this section, section 505 of the federal food, 27
drug, and cosmetic act, shall be 21 USC 355, is applicable to the 28
introduction or delivery for introduction of any new drug into 29
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intrastate, interstate, or foreign commerce. 1
(2) A person who violates this section as to: 2
(a) A counterfeit substance classified in schedule 1 or 2 3
which that is either a narcotic drug or a drug described in section 4
7212(1)(h) or 7214(a)(iv) or (c)(ii), is guilty of a felony 5
punishable by imprisonment for life or any term of years but not 6
more less than 10 4 years or a fine of not more than $10,000.00, or 7
both. 8
(b) Any other counterfeit substance classified in schedule 1, 9
2, or 3, is guilty of a felony punishable by imprisonment for not 10
more than 5 years or a fine of not more than $5,000.00, or both. 11
(c) A counterfeit substance classified in schedule 4, is 12
guilty of a felony punishable by imprisonment for not more than 4 13
years or a fine of not more than $2,000.00, or both. 14
(d) A counterfeit substance classified in schedule 5, is 15
guilty of a felony punishable by imprisonment for not more than 2 16
years or a fine of not more than $2,000.00, or both. 17
(e) A controlled substance analogue, is guilty of a felony 18
punishable by imprisonment for life or any term of years but not 19
more less than 15 4 years or a fine of not more than $250,000.00, 20
or both. 21
Sec. 7403. (1) A person shall not knowingly or intentionally 22
possess a controlled substance, a controlled substance analogue, or 23
a prescription form unless the controlled substance, controlled 24
substance analogue, or prescription form was obtained directly 25
from, or pursuant to, a valid prescription or order of a 26
practitioner while acting in the course of the practitioner's 27
professional practice, or except as otherwise authorized by this 28
article. 29
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(2) A person who violates this section as to: 1
(a) A controlled substance classified in schedule 1 or 2 that 2
is a narcotic drug or a drug described in section 7214(a)(iv), and: 3
(i) That is in an amount of 1,000 grams or more of any mixture 4
containing that substance is guilty of a felony punishable by 5
imprisonment for life or any term of years or a fine of not more 6
than $1,000,000.00, or both. 7
(ii) That is in an amount of 450 grams or more, but less than 8
1,000 grams, of any mixture containing that substance is guilty of 9
a felony punishable by imprisonment for life but not more less than 10
30 15 years or a fine of not more than $500,000.00, or both. 11
(iii) That is in an amount of 50 grams or more, but less than 12
450 grams, of any mixture containing that substance is guilty of a 13
felony punishable by imprisonment for life but not more less than 14
20 10 years or a fine of not more than $250,000.00, or both. 15
(iv) That is in an amount of 25 grams or more, but less than 50 16
grams of any mixture containing that substance is guilty of a 17
felony punishable by imprisonment for life but not more less than 4 18
5 years or a fine of not more than $25,000.00, or both. 19
(v) That is in an amount less than 25 grams of any mixture 20
containing that substance is guilty of a felony punishable by 21
imprisonment for life but not more less than 4 2 years or a fine of 22
not more than $25,000.00, or both. 23
(b) Either of the following: 24
(i) A substance described in section 7212(1)(h) or 7214(c)(ii) 25
is guilty of a felony punishable by imprisonment for life but not 26
more less than 10 2 years or a fine of not more than $15,000.00, or 27
both. 28
(ii) A controlled substance classified in schedule 1, 2, 3, or 29
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4, except a controlled substance for which a penalty is prescribed 1
in subparagraph (i) or subdivision (a), (c), or (d), or a controlled 2
substance analogue is guilty of a felony punishable by imprisonment 3
for life or any term of years but not more less than 2 years or a 4
fine of not more than $2,000.00, or both. 5
(c) Lysergic acid diethylamide, peyote, mescaline, 6
dimethyltryptamine, psilocyn, psilocybin, or a controlled substance 7
classified in schedule 5 is guilty of a misdemeanor punishable by 8
imprisonment for not more than 1 year or a fine of not more than 9
$2,000.00, or both. 10
(d) Marihuana or a substance listed in section 7212(1)(d) is 11
guilty of a misdemeanor punishable by imprisonment for not more 12
than 1 year or a fine of not more than $2,000.00, or both. 13
(e) A prescription form is guilty of a misdemeanor punishable 14
by imprisonment for not more than 1 year or a fine of not more than 15
$1,000.00, or both. 16
(3) The following individuals are not in violation of this 17
section: 18
(a) An individual who seeks medical assistance for himself or 19
herself the individual or who requires medical assistance and is 20
presented for assistance by another individual if he or she the 21
individual is incapacitated because of a drug overdose or other 22
perceived medical emergency arising from the use of a controlled 23
substance or a controlled substance analogue that he or she the 24
individual possesses or possessed in an amount sufficient only for 25
personal use and the evidence of his or her the individual's 26
violation of this section is obtained as a result of the 27
individual's seeking or being presented for medical assistance. 28
(b) An individual who in good faith attempts to procure 29
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medical assistance for another individual or who accompanies 1
another individual who requires medical assistance for a drug 2
overdose or other perceived medical emergency arising from the use 3
of a controlled substance or a controlled substance analogue that 4
he or she the individual possesses or possessed in an amount 5
sufficient only for personal use and the evidence of his or her the 6
individual's violation of this section is obtained as a result of 7
the individual's attempting to procure medical assistance for 8
another individual or as a result of the individual's accompanying 9
another individual who requires medical assistance to a health 10
facility or agency. 11
(4) A health facility or agency shall develop a process for 12
notification of the parent or parents, guardian, or custodian of a 13
minor under the age of 18 years of age who is not emancipated under 14
1968 PA 293, MCL 722.1 to 722.6, and who voluntarily presents 15
himself or herself, the minor, or is presented by another 16
individual if he or she the minor is incapacitated, to a health 17
facility or agency for emergency medical treatment as provided in 18
subsection (3). A health facility or agency shall not provide 19
notification to a parent or parents, guardian, or custodian under 20
this subsection for nonemergency treatment without obtaining the 21
minor's consent. 22
(5) The exemption from prosecution under this section provided 23
in subsection (3) does not prevent the investigation, arrest, 24
charging, or prosecution of an individual for any other violation 25
of the laws of this state or be grounds for suppression of evidence 26
in the prosecution of any other criminal charges. 27
(6) If an individual was sentenced to lifetime probation under 28
subsection (2)(a)(iv) as it existed before March 1, 2003 and the 29
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individual has served 5 or more years of that probationary period, 1
the probation officer for that individual may recommend to the 2
court that the court discharge the individual from probation. If an 3
individual's probation officer does not recommend discharge as 4
provided in this subsection, with notice to the prosecutor, the 5
individual may petition the court seeking resentencing under the 6
court rules. The court may discharge an individual from probation 7
as provided in this subsection. An individual may file more than 1 8
motion seeking resentencing under this subsection. 9
(7) As used in this section: 10
(a) "Drug overdose" means a condition, including, but not 11
limited to, extreme physical illness, decreased level of 12
consciousness, respiratory depression, coma, mania, or death, that 13
is the result of consumption or use of a controlled substance or a 14
controlled substance analogue or a substance with which the 15
controlled substance or controlled substance analogue was combined, 16
or that a layperson would reasonably believe to be a drug overdose 17
that requires medical assistance. 18
(b) "Seeks medical assistance" means reporting a drug overdose 19
or other medical emergency to law enforcement, the 9-1-1 system, a 20
poison control center, or a medical provider, or assisting someone 21
in reporting a drug overdose or other medical emergency. 22
Sec. 7404. (1) A person shall not use a controlled substance 23
or controlled substance analogue unless the substance was obtained 24
directly from, or pursuant to, a valid prescription or order of a 25
practitioner while acting in the course of the practitioner's 26
professional practice, or except as otherwise authorized by this 27
article. 28
(2) A person who violates this section as to: 29
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(a) A controlled substance classified in schedule 1 or 2 as a 1
narcotic drug or a drug described in section 7212(1)(h) or 2
7214(a)(iv) or (c)(ii) is guilty of a misdemeanor felony punishable 3
by imprisonment for life or any term of years but not more less 4
than 1 year 2 years or a fine of not more than $2,000.00, or both. 5
(b) A controlled substance classified in schedule 1, 2, 3, or 6
4, except a controlled substance for which a penalty is prescribed 7
in subdivision (a), (c), or (d), or a controlled substance 8
analogue, is guilty of a misdemeanor punishable by imprisonment for 9
not more than 1 year or a fine of not more than $1,000.00, or both. 10
(c) Lysergic acid diethylamide, peyote, mescaline, 11
dimethyltryptamine, psilocyn, psilocybin, or a controlled substance 12
classified in schedule 5 is guilty of a misdemeanor punishable by 13
imprisonment for not more than 6 months or a fine of not more than 14
$500.00, or both. 15
(d) Marihuana, catha edulis, salvia divinorum, or a substance 16
described in section 7212(1)(d) or (i) is guilty of a misdemeanor 17
punishable by imprisonment for not more than 90 days or a fine of 18
not more than $100.00, or both. 19
(3) The following individuals are not in violation of this 20
section: 21
(a) An individual who seeks medical assistance for himself or 22
herself the individual or who requires medical assistance and is 23
presented for assistance by another individual if he or she the 24
individual is incapacitated because of a drug overdose or other 25
perceived medical emergency arising from the use of a controlled 26
substance or a controlled substance analogue that he or she the 27
individual possesses or possessed in an amount sufficient only for 28
personal use and the evidence of his or her the individual's 29
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violation of this section is obtained as a result of the 1
individual's seeking or being presented for medical assistance. 2
(b) An individual who in good faith attempts to procure 3
medical assistance for another individual or who accompanies 4
another individual who requires medical assistance for a drug 5
overdose or other perceived medical emergency arising from the use 6
of a controlled substance or a controlled substance analogue that 7
he or she the individual possesses or possessed in an amount 8
sufficient only for personal use and the evidence of his or her the 9
individual's violation of this section is obtained as a result of 10
the individual's attempting to procure medical assistance for 11
another individual or as a result of the individual's accompanying 12
another individual who requires medical assistance to a health 13
facility or agency. 14
(4) A health facility or agency shall develop a process for 15
notification of the parent or parents, guardian, or custodian of a 16
minor under the age of 18 years of age who is not emancipated under 17
1968 PA 293, MCL 722.1 to 722.6, and who voluntarily presents 18
himself or herself, the minor, or is presented by another 19
individual if he or she the minor is incapacitated, to a health 20
facility or agency for emergency medical treatment as provided in 21
subsection (3). A health facility or agency shall not provide 22
notification to a parent or parents, guardian, or custodian under 23
this subsection for nonemergency treatment without obtaining the 24
minor's consent. 25
(5) The exemption from prosecution under this section provided 26
in subsection (3) does not prevent the investigation, arrest, 27
charging, or prosecution of an individual for any other violation 28
of the laws of this state, or be grounds for suppression of 29
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evidence in the prosecution of any other criminal charges. 1
(6) As used in this section: 2
(a) "Drug overdose" means a condition, including, but not 3
limited to, extreme physical illness, decreased level of 4
consciousness, respiratory depression, coma, mania, or death, that 5
is the result of consumption or use of a controlled substance or a 6
controlled substance analogue or a substance with which the 7
controlled substance or controlled substance analogue was combined, 8
or that a layperson would reasonably believe to be a drug overdose 9
that requires medical assistance. 10
(b) "Seeks medical assistance" means reporting a drug overdose 11
or other medical emergency to law enforcement, the 9-1-1 system, a 12
poison control center, or a medical provider, or assisting someone 13
in reporting a drug overdose or other medical emergency. 14
Sec. 7405. (1) A person shall not do any of the following: 15
(a) If the person is licensed by the administrator under this 16
article, distribute, prescribe, or dispense a controlled substance 17
in violation of section 7333. 18
(b) If the person is a licensee, manufacture a controlled 19
substance not authorized by his or her the person's license or 20
distribute, prescribe, or dispense a controlled substance not 21
authorized by his or her the person's license to another licensee 22
or other authorized person, except as authorized by rules 23
promulgated by the administrator. 24
(c) Refuse an entry into any premises for an inspection 25
authorized by this article. 26
(d) Knowingly keep or maintain a store, shop, warehouse, 27
dwelling, building, vehicle, boat, aircraft, or other structure or 28
place that is frequented by persons using controlled substances in 29
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violation of this article for the purpose of using controlled 1
substances or that is used for keeping or selling controlled 2
substances in violation of this article. 3
(e) If the person is a practitioner, dispense a controlled 4
substance under a prescription written and signed; written or 5
created in an electronic format, signed, and transmitted by 6
facsimile; or transmitted electronically or by other means of 7
communication by a physician prescriber, dentist prescriber, or 8
veterinarian prescriber licensed to practice in another state, 9
unless the prescription is issued by a physician prescriber, 10
dentist prescriber, or veterinarian prescriber who is authorized 11
under the laws of that state to practice dentistry, medicine, 12
osteopathic medicine and surgery, or veterinary medicine and to 13
prescribe controlled substances. 14
(2) A Except as provided in subsection (3), a person who 15
violates subsection (1) is subject to the penalties prescribed in 16
section 7406. 17
(3) A person who violates subsection (1)(d) is guilty of a 18
felony punishable by imprisonment for life or any term of years but 19
not less than 4 years or a fine of not more than $25,000.00, or 20
both. 21
Sec. 7406. A Except as provided in section 7405 for a 22
violation of section 7405(1)(d), a person who violates section 7405 23
may be punished by a civil fine of not more than $25,000.00 in a 24
proceeding in the circuit court. However, if the violation is 25
prosecuted by a criminal indictment alleging that the violation was 26
committed knowingly or intentionally, and the trier of the fact 27
specifically finds that the violation was committed knowingly or 28
intentionally, the person is guilty of a misdemeanor, punishable by 29
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imprisonment for not more than 2 years, or a fine of not more than 1
$25,000.00, or both. 2
Sec. 7410. (1) Except as otherwise provided in subsections (2) 3
and (3), an individual 18 years of age or over who violates section 4
7401(2)(a)(iv) by delivering or distributing a controlled substance 5
listed in schedule 1 or 2 that is either a narcotic drug or 6
described in section 7214(a)(iv) to an individual under 18 years of 7
age who is at least 3 years the deliverer's or distributor's junior 8
may be punished by the fine authorized by section 7401(2)(a)(iv) or 9
by a term of imprisonment of not less than 1 year nor more than 10
twice that authorized by section 7401(2)(a)(iv), or both. An 11
individual 18 years of age or over who violates section 7401 or 12
7401b by delivering or distributing any other controlled substance 13
listed in schedules 1 to 5 or gamma-butyrolactone to an individual 14
under 18 years of age who is at least 3 years the distributor's 15
junior may be punished by the fine authorized by section 16
7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not 17
more than twice that authorized by section 7401(2)(b), (c), or (d) 18
or 7401b, or both. 19
(2) An individual 18 years of age or over who violates section 20
7401(2)(a)(iv) by delivering a controlled substance described in 21
schedule 1 or 2 that is either a narcotic drug or described in 22
section 7214(a)(iv) to another person on or within 1,000 feet of 23
school property or a library shall be punished, subject to 24
subsection (5), by a term of imprisonment of for life or any term 25
of years but not less than 2 4 years or more than 3 times that 26
authorized by section 7401(2)(a)(iv) and, in addition, may be 27
punished by a fine of not more than 3 times that authorized by 28
section 7401(2)(a)(iv). 29
19
ELF H02295'25_HB5914_INTR_1 1inpub
(3) An individual 18 years of age or over who violates section 1
7401(2)(a)(iv) by possessing with intent to deliver to another 2
person on or within 1,000 feet of school property or a library a 3
controlled substance described in schedule 1 or 2 that is either a 4
narcotic drug or described in section 7214(a)(iv) shall be punished, 5
subject to subsection (5), by a term of imprisonment of for life or 6
any term of years but not less than 2 4 years or more than twice 7
that authorized by section 7401(2)(a)(iv) and, in addition, may be 8
punished by a fine of not more than 3 times that authorized by 9
section 7401(2)(a)(iv). 10
(4) An individual 18 years of age or over who violates section 11
7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing gamma-12
butyrolactone or a controlled substance on or within 1,000 feet of 13
school property or a library shall be punished by a term of 14
imprisonment or a fine, or both, of not more than twice that 15
authorized by section 7401b or 7403(2)(a)(v), (b), (c), or (d). 16
(5) The court may depart from the minimum term of imprisonment 17
authorized under subsection (2) or (3) if the court finds on the 18
record that there are substantial and compelling reasons to do so. 19
(6) An individual 18 years of age or over who violates section 20
7401 by manufacturing methamphetamine as that term is described in 21
section 7214(c)(ii) on or within 1,000 feet of school property or a 22
library shall be punished by a term of imprisonment or a fine, or 23
both, of not more than twice that authorized by section 24
7401(2)(b)(i). 25
(7) A person who distributes marihuana without remuneration 26
and not to further commercial distribution and who does not violate 27
subsection (1) is guilty of a misdemeanor punishable by 28
imprisonment for not more than 1 year or a fine of not more than 29
20
ELF H02295'25_HB5914_INTR_1 1inpub
$1,000.00, or both, unless the distribution is in accordance with 1
the federal law or the law of this state. 2
(8) As used in this section: 3
(a) "Library" means a library that is established by the 4
state; a county, city, township, village, school district, or other 5
local unit of government or authority or combination of local units 6
of government and authorities; a community college district; a 7
college or university; or any private library open to the public. 8
(b) "School property" means a building, playing field, or 9
property used for school purposes to impart instruction to children 10
in grades kindergarten through 12, when provided by a public, 11
private, denominational, or parochial school, except those 12
buildings used primarily for adult education or college extension 13
courses. 14
Sec. 17766c. (1) A person shall not do any of the following: 15
(a) Purchase more than 3.6 grams of ephedrine or 16
pseudoephedrine alone or in a mixture within a single calendar day. 17
(b) Purchase more than 9 grams of ephedrine or pseudoephedrine 18
alone or in a mixture within a 30-day period. 19
(c) Possess more than 12 grams of ephedrine or pseudoephedrine 20
alone or in a mixture. 21
(d) Purchase or possess any amount of ephedrine or 22
pseudoephedrine knowing or having reason to know that it is to be 23
used to manufacture methamphetamine. 24
(2) A person who violates this section is guilty of a crime as 25
follows: 26
(a) A person who violates subsection (1)(a) or (b) is guilty 27
of a misdemeanor punishable by imprisonment for not more than 93 28
days or a fine of not more than $500.00, or both. 29
21
ELF H02295'25_HB5914_INTR_1 1inpub
(b) A person who violates subsection (1)(c) is guilty of a 1
felony punishable by imprisonment for not more than 2 years or a 2
fine of not more than $2,000.00, or both. 3
(c) A person who violates subsection (1)(d) is guilty of a 4
felony punishable by imprisonment for life or any term of years but 5
not more less than 5 years 182 days or a fine of not more than 6
$5,000.00, or both. This subdivision does not prohibit the person 7
from being charged with, convicted of, and sentenced for any other 8
violation of law arising out of the violation of subsection (1)(d). 9
(3) This section does not apply to any of the following: 10
(a) A person who possesses ephedrine or pseudoephedrine 11
pursuant to a license issued by this state or the United States to 12
manufacture, deliver, dispense, possess with intent to manufacture 13
or deliver, or possess a controlled substance, prescription drug, 14
or other drug. 15
(b) An individual who possesses ephedrine or pseudoephedrine 16
pursuant to a prescription. 17
(c) A person who possesses ephedrine or pseudoephedrine for 18
retail sale pursuant to a license issued under the general sales 19
tax act, 1933 PA 167, MCL 205.51 to 205.78. 20
(d) A person who possesses ephedrine or pseudoephedrine in the 21
course of his or her the person's business of selling or 22
transporting ephedrine or pseudoephedrine to a person described in 23
subdivision (a) or (c). 24
(e) A person who, in the course of his or her the person's 25
business, stores ephedrine or pseudoephedrine for sale or 26
distribution to a person described in subdivision (a), (c), or (d). 27
(f) Any product that the state board of pharmacy, upon on 28
application of a manufacturer, exempts from this section because 29
22
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ELF H02295'25_HB5914_INTR_1 1inpub
the product has been formulated in such a way as to effectively 1
prevent the conversion of the active ingredient into 2
methamphetamine. 3
(g) Possession of any pediatric product primarily intended for 4
administration to children under 12 years of age according to label 5
instructions. 6
Enacting section 1. This amendatory act takes effect 90 days 7
after the date it is enacted into law. 8