This article was originally published on the Marijuana Patients Organization site on February 17, 2011.
This bill is a direct threat to patients. We take this very personal, this bill must be defeated.
Below you will have the opportunity to read the bill that has passed the Senate in Michigan, in a nutshell here’s what it states. Life in prison for any schedule 1 narcotic mixed in any form over 1000 grams. This would qualify a batch of brownies that a cancer patient we know well makes weekly. Could you imagine what those brownies weigh? Even if they don’t quite weigh 1000 grams from the 7 grams of actual marijuana the recipe calls and weigh 450 grams (1 pound), our friend would be faced with 30 years prison and a $500,000 fine.
When will this end? This is the most inartfully drafted proposed legislation since 1950’s Alabama.
SENATE BILL No. 99
February 1, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary. A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2010 PA 352.
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), and:
(i) Which 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 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 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)(g) or 7214(c)(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), (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, CATHA EDULIS, SALVIA DIVINORUM, OR A SUBSTANCE DESCRIBED IN SECTION 7212(1)(H) 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) 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.