House Bill 4623 (2013) - Decriminalization!

[t-pain]

http://legislature.mi.gov/doc.aspx?2013-HB-4623

 

 

Controlled substances; marihuana; possession or use of 1 ounce or less of marihuana; decriminalize under certain circumstances. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404).

 

under 1 oz decrim

 

the person shall be fined not less than $50.00 or more than $100.00.

 

 

[solabeirtan]

HOUSE BILL No. 4623
 
April 24, 2013, Introduced by Reps. Irwin, Callton, Robinson, Cavanagh, Shirkey, Switalski and Hovey-Wright and referred to the Committee on Judiciary.
 
     A bill to amend 1978 PA 368, entitled
 
"Public health code,"
 
by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as
 
amended by 2012 PA 183.
 
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
 
     Sec. 7403. (1) A person shall not knowingly or intentionally
 
possess a controlled substance, a controlled substance analogue, or
 
a prescription form unless the controlled substance, controlled
 
substance analogue, or prescription form was obtained directly
 
from, or pursuant to, a valid prescription or order of a
 
practitioner while acting in the course of the practitioner's
 
professional practice, or except as otherwise authorized by this
 
article.
 
     (2) A person who violates this section as to:
 
     (a) A controlled substance classified in schedule 1 or 2 that

 is a narcotic drug or a drug described in section 7214(a)(iv)*
*[Mi csa Schedule 2.(iv) Methylphenidate and its salts.]
, and:
 
     (i) Which is in an amount of 1,000 grams[2.2lbs] 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 is in an amount of 450 grams[.99lbs] or more, but less than
 
1,000 grams, of any mixture containing that substance is guilty of
 
a felony punishable by imprisonment for not more than 30 years or a
 
fine of not more than $500,000.00, or both.
 
     (iii) Which is in an amount of 50 grams or more, but less than
 
450 grams, of any mixture containing that substance is guilty of a
 
felony punishable by imprisonment for not more than 20 years or a
 
fine of not more than $250,000.00, or both.
 
     (iv) 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 punishable by imprisonment for not more than 4 years or a
 
fine of not more than $25,000.00, or both.
 
     (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) Either of the following:
 
     (i) A substance described in section 7212(1)(h) or 7214©(ii)
 
is guilty of a felony punishable by imprisonment for not more than
 
10 years or a fine of not more than $15,000.00, or both.
 
     (ii) A controlled substance classified in schedule 1, 2, 3, or
 
4, except a controlled substance for which a penalty is prescribed
 
in SUBPARAGRAPH (i) OR subdivision (a), (b)(i), ©, 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.
 
     © 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, AS FOLLOWS:
 
     (i) EXCEPT AS PROVIDED IN SUBPARAGRAPH (ii), THE PERSON 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.
 
     (ii) IF THE VIOLATION INVOLVES 1 OUNCE OF MARIHUANA OR LESS,
 
THE PERSON IS RESPONSIBLE FOR A STATE CIVIL INFRACTION AND IS
 
SUBJECT TO A FINE AS FOLLOWS:
 
     (A) IF THE PERSON HAS NO PRIOR CONVICTION OR FINDING OF
 
RESPONSIBILITY FOR VIOLATING THIS SUBDIVISION OR A LOCAL ORDINANCE
 
SUBSTANTIALLY CORRESPONDING TO THIS SUBDIVISION, THE PERSON MAY BE
 
FINED NOT MORE THAN $25.00.
 
     (B) IF THE PERSON HAS 1 PRIOR CONVICTION OR FINDING OF
 
RESPONSIBILITY FOR VIOLATING THIS SUBDIVISION OR A LOCAL ORDINANCE
 
SUBSTANTIALLY CORRESPONDING TO THIS SUBDIVISION IN ANY COMBINATION,
 
THE PERSON SHALL BE FINED NOT LESS THAN $25.00 OR MORE THAN $50.00.
 
     © IF THE PERSON HAS MORE THAN 1 PRIOR CONVICTION OR FINDING
 
OF RESPONSIBILITY FOR VIOLATING THIS SUBDIVISION OR A LOCAL
 
ORDINANCE SUBSTANTIALLY CORRESPONDING TO THIS SUBDIVISION IN ANY

 

 
COMBINATION, THE PERSON SHALL BE FINED NOT LESS THAN $50.00 OR MORE
 
THAN $100.00.
 
 
 
 
     (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) 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.
 
     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 ©(ii) is guilty of a misdemeanor punishable by
 
imprisonment for not more than 1 year or a fine of not more than

 $2,000.00, or both.
 
     (b) A controlled substance classified in schedule 1, 2, 3, or
 
4, except a controlled substance for which a penalty is prescribed
 
in subdivision (a), ©, 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.
 
     © 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 CATHA edulis, salvia divinorum, or a
 
substance described in section 7212(1)(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.
 
 
 
    (E) MARIHUANA IS RESPONSIBLE FOR A STATE CIVIL INFRACTION AND
 
IS SUBJECT TO A FINE AS FOLLOWS:
 
     (i) IF THE PERSON HAS NO PRIOR CONVICTION OR FINDING OF
 
RESPONSIBILITY FOR VIOLATING THIS SUBDIVISION OR A LOCAL ORDINANCE
 
SUBSTANTIALLY CORRESPONDING TO THIS SUBDIVISION, THE PERSON MAY BE
 
FINED NOT MORE THAN $25.00.
 
     (ii) IF THE PERSON HAS 1 PRIOR CONVICTION OR FINDING OF
 
RESPONSIBILITY FOR VIOLATING THIS SUBDIVISION OR A LOCAL ORDINANCE
 
SUBSTANTIALLY CORRESPONDING TO THIS SUBDIVISION IN ANY COMBINATION,
 
THE PERSON SHALL BE FINED NOT LESS THAN $25.00 OR MORE THAN $50.00.
 
     (iii) IF THE PERSON HAS MORE THAN 1 PRIOR CONVICTION OR FINDING
 
OF RESPONSIBILITY FOR VIOLATING THIS SUBDIVISION OR A   LOCAL

 ORDINANCE SUBSTANTIALLY CORRESPONDING TO THIS SUBDIVISION IN ANY
 
COMBINATION, THE PERSON SHALL BE FINED NOT LESS THAN $50.00 OR MORE
 
THAN $100.00.

.......thanks t-pain , good lookin out , one step closer , gotta be a good thang .....

Edited September 9, 2013 by solabeirtan

[free420country]

Wow

[free420country]

Im in shock...think it will pass

[SFC]

Well, the first thing to look at is who the sponsors are.  Don't get me wrong I like Irwin, but he cannot get any committee hearing, at all. Calton is what is affectionately known as a RINO and again has very little chance of getting a hearing. We have all seen his plays and where they lead.  But hey, send him some more money.  

[CedarSpringsCG]

I agree SFC.  I mean they can pass union busting legislation in a day, but something like this takes them years...

[bobandtorey]

And i can add theres no age limit for a person in this Law

[t-pain]

theres no age limit in the current law either.

[LongHairBri]

  © Lysergic acid diethylamide, peyote, mescaline,
 
dimethyltryptamine, psilocyn, psilocybin, or a controlled substance
 
classified in schedule 5 is guilty of a misdemeanor

 

 

 

sorry, not in this lifetime.

 

also, I have to point out DMT is inside every mammal on earth. released from the pineal gland on the brain stem.

 

 thought of as a scientific explanation for end-of-life and out-of-body experiences

[beourbud]

What self respecting individual would trash his name on a bill like this.....must have been on ,   © Lysergic acid diethylamide, peyote, mescaline,dimethyltryptamine, psilocyn, psilocybin, or a controlled substance...when they signed it.    sigh

 

What a Joke

[bobandtorey]

Theres no age limit in the current law either

Thanks

 I  did talk to Rep. Irwin he came to the Birmingham Meeting one day to tell us all about this Bill and he had a Q&A afterwards  he told us this Bill had no chance in passing but his point was to open up a dialogue. 

 

IMHO the age limits with the current Law i agree to there is none but the one we are taking about is not the Law 1 of 2008

[Wild Bill]

also, I have to point out DMT is inside every mammal on earth. released from the pineal gland on the brain stem.

 

Maybe we should put them all in jail. To save the children.

[+washtenaut]

Maybe we should put them all in jail. To save the children.

 

I have to agree with Wild Bill.  If we don't make an example of these mammals, the next thing you know the reptiles and birds will be abusing these things and then where will we be?  We must protect the children for they are our future, right?