PUBLIC HEALTH CODE
Act 368 of 1978
333.7401 Manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver controlled substance, prescription form, or counterfeit prescription form; dispensing, prescribing, or administering controlled substance; violations; penalties; consecutive terms; discharge from lifetime probation; "plant" defined.
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 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 and 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 less than 50 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 $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 than 20 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 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, 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 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) A prescription form or a counterfeit 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 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.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1987, Act 275, Eff. Mar. 30, 1988 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1989, Act 143, Eff. Sept. 28, 1989 ;-- Am. 1994, Act 38, Eff. June 1, 1994 ;-- Am. 1994, Act 221, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 249, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 319, Eff. Oct. 1, 1998 ;-- Am. 2000, Act 314, Eff. Jan. 1, 2001 ;-- Am. 2001, Act 236, Eff. Jan. 6, 2003 ;-- Am. 2002, Act 665, Eff. Mar. 1, 2003 ;-- Am. 2002, Act 710, Eff. Apr. 1, 2003 ;-- Am. 2010, Act 352, Imd. Eff. Dec. 22, 2010 ;-- Am. 2012, Act 183, Eff. July 1, 2012 ;-- Am. 2016, Act 548, Eff. Apr. 10, 2017
Compiler's Notes:
For transfer of powers and duties of certain health-related functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Enacting section 2 of Act 236 of 2001 provides:
“Enacting section 2. Sections 7401, 7403, 7407, and 7521 of the public health code, 1978 PA 368, MCL 333.7401, 333.7403, 333.7407, and 333.7521, as amended by this amendatory act, take effect upon promulgation of the rules required under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, and receipt by the secretary of state of written notice from the director of the department of consumer and industry services that the electronic monitoring system required by section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, is operational. The notice to the secretary of state shall include a statement that the department of consumer and industry services is able to receive data from at least 80% of those required to report under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, and is able to respond to requests for data from persons authorized to make such requests and to review and utilize the data.”
The rules required under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, pertaining to the operation of the electronic monitoring system, were promulgated on December 30, 2002. In addition, a written notice from the director of the department of consumer and industry services that the electronic monitoring system required by section 7333a of the public health code is operational was filed with, and received by, the secretary of state on January 6, 2003.
PopularName Notes:
Act 368
Notes of Decisions
Cited in
1,476
cases (
301 in the last 5 years), 1979–2026 · leading case:
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
· cites it 52× “MCL 333.7401. The jury instructions should have set forth the requisite substance amount in a fashion similar to that set forth to prove the substantive offense, in essence, "that the substance was in a mixture that weighed 225 or more grams, but less than 650 grams.”
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017).
· cites it 26× “*111 This case involves the offense of possession with intent to deliver a controlled substance, as set forth by MCL 333.7401 of the controlled substances act (CSA), MCL 333.”
People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
· cites it 28× “SPENCER'S DELIVERY OF HEROIN TO CORSON At oral argument before this Court, defense counsel admitted that Spencer's delivery of heroin to Corson violated both MCL 333.7401 and MCL 750.317a. It is thus unchallenged that, on the basis of the evidence presented at defendant's…”
People v. Fields, 528 N.W.2d 176 (Mich. 1995).
· cites it 36× “The legislative history of MCL 333.7401; MSA 14.15(7401) supports this interpretation of the words substantial and compelling.”
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
· cites it 18× “25 points (d) The offense was part of a pattern of felonious criminal activity involving a combination of 3 or more crimes against a person or property or a violation of section 7401(2)(a)(i) to (iii) or section 7403(2)(a)(i) to (iii) of the public health code, 1978 PA 368 , MCL…”
People v. Schultz, 460 N.W.2d 505 (Mich. 1990).
· cites it 40× “We granted leave to appeal to determine whether the defendants should be sentenced under MCL 333.7401; MSA 14.15(7401) and MCL 333.”
People v. Claypool, 684 N.W.2d 278 (Mich. 2004).
· cites it 22× “§ 333.7401. Under both provisions, M.C.L.”
People v. Gonzalez, 663 N.W.2d 499 (Mich. Ct. App. 2003).
· cites it 14× “§ 333.7401 to 333.7461 and 333.7766a, concerning controlled *506 substances or androgenic anabolic steroids.”
People v. Norfleet, 897 N.W.2d 195 (Mich. Ct. App. 2016).
· cites it 7× “4 Defendant was charged with three counts of delivery of less than 50 grams of heroin, MCL 333.7401(2)(a)(¿u), on the basis of the two deliveries to Bembeneck by Alysha Nerg—as to which the prosecution alleged that defendant acted as an aider and abettor—and his direct delivery…”
People v. Brown, 755 N.W.2d 664 (Mich. Ct. App. 2008).
· cites it 8× “MCL 333.7401(1), provides: *673 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.”
People v. Thomas, 678 N.W.2d 631 (Mich. Ct. App. 2004).
· cites it 7× “Defendant appeals as of right from his conviction by a jury of possession with intent to deliver more than fifty, but less than 225 grams of cocaine, MCL 333.7401(2) (a) (iii). Defendant was sentenced to ten to twenty years’ imprisonment.”
People v. Denio, 564 N.W.2d 13 (Mich. 1997).
· cites it 18× “[13] MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv).”
— Mich. Comp. Laws § 333.7401(1) — 145 cases
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017).
“*111 This case involves the offense of possession with intent to deliver a controlled substance, as set forth by MCL 333.7401 of the controlled substances act (CSA), MCL 333.”
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
“MCL 333.7401. The jury instructions should have set forth the requisite substance amount in a fashion similar to that set forth to prove the substantive offense, in essence, "that the substance was in a mixture that weighed 225 or more grams, but less than 650 grams.”
— Mich. Comp. Laws § 333.7401(1)(2)(b) — 1 case
— Mich. Comp. Laws § 333.7401(1)(2)(c) — 1 case
— Mich. Comp. Laws § 333.7401(1)(d) — 3 cases
— Mich. Comp. Laws § 333.7401(2) — 47 cases
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
“MCL 333.7401. The jury instructions should have set forth the requisite substance amount in a fashion similar to that set forth to prove the substantive offense, in essence, "that the substance was in a mixture that weighed 225 or more grams, but less than 650 grams.”
People v. Thomas, 678 N.W.2d 631 (Mich. Ct. App. 2004).
“Defendant appeals as of right from his conviction by a jury of possession with intent to deliver more than fifty, but less than 225 grams of cocaine, MCL 333.7401(2) (a) (iii). Defendant was sentenced to ten to twenty years’ imprisonment.”
— Mich. Comp. Laws § 333.7401(2)(A)(iv) — 3 cases
— Mich. Comp. Laws § 333.7401(2)(D)(ii) — 2 cases
— Mich. Comp. Laws § 333.7401(2)(D)(iii) — 2 cases
— Mich. Comp. Laws § 333.7401(2)(a) — 68 cases
People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
“SPENCER'S DELIVERY OF HEROIN TO CORSON At oral argument before this Court, defense counsel admitted that Spencer's delivery of heroin to Corson violated both MCL 333.7401 and MCL 750.317a. It is thus unchallenged that, on the basis of the evidence presented at defendant's…”
People v. Norfleet, 897 N.W.2d 195 (Mich. Ct. App. 2016).
“4 Defendant was charged with three counts of delivery of less than 50 grams of heroin, MCL 333.7401(2)(a)(¿u), on the basis of the two deliveries to Bembeneck by Alysha Nerg—as to which the prosecution alleged that defendant acted as an aider and abettor—and his direct delivery…”
— Mich. Comp. Laws § 333.7401(2)(a)(1) — 1 case
— Mich. Comp. Laws § 333.7401(2)(a)(2) — 1 case
— Mich. Comp. Laws § 333.7401(2)(a)(3) — 1 case
— Mich. Comp. Laws § 333.7401(2)(a)(4) — 2 cases
— Mich. Comp. Laws § 333.7401(2)(a)(i) — 118 cases
— Mich. Comp. Laws § 333.7401(2)(a)(ic) — 6 cases
— Mich. Comp. Laws § 333.7401(2)(a)(ii) — 81 cases
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
“MCL 333.7401. The jury instructions should have set forth the requisite substance amount in a fashion similar to that set forth to prove the substantive offense, in essence, "that the substance was in a mixture that weighed 225 or more grams, but less than 650 grams.”
People v. Schultz, 460 N.W.2d 505 (Mich. 1990).
“We granted leave to appeal to determine whether the defendants should be sentenced under MCL 333.7401; MSA 14.15(7401) and MCL 333.”
— Mich. Comp. Laws § 333.7401(2)(a)(iii) — 166 cases
People v. Thomas, 678 N.W.2d 631 (Mich. Ct. App. 2004).
“Defendant appeals as of right from his conviction by a jury of possession with intent to deliver more than fifty, but less than 225 grams of cocaine, MCL 333.7401(2) (a) (iii). Defendant was sentenced to ten to twenty years’ imprisonment.”
People v. Fields, 528 N.W.2d 176 (Mich. 1995).
“The legislative history of MCL 333.7401; MSA 14.15(7401) supports this interpretation of the words substantial and compelling.”
People v. Schultz, 460 N.W.2d 505 (Mich. 1990).
“We granted leave to appeal to determine whether the defendants should be sentenced under MCL 333.7401; MSA 14.15(7401) and MCL 333.”
People v. Claypool, 684 N.W.2d 278 (Mich. 2004).
“§ 333.7401. Under both provisions, M.C.L.”
— Mich. Comp. Laws § 333.7401(2)(a)(iu) — 11 cases
People v. Norfleet, 897 N.W.2d 195 (Mich. Ct. App. 2016).
“4 Defendant was charged with three counts of delivery of less than 50 grams of heroin, MCL 333.7401(2)(a)(¿u), on the basis of the two deliveries to Bembeneck by Alysha Nerg—as to which the prosecution alleged that defendant acted as an aider and abettor—and his direct delivery…”
— Mich. Comp. Laws § 333.7401(2)(a)(iv) — 397 cases
People v. Gonzalez, 663 N.W.2d 499 (Mich. Ct. App. 2003).
“§ 333.7401 to 333.7461 and 333.7766a, concerning controlled *506 substances or androgenic anabolic steroids.”
People v. Denio, 564 N.W.2d 13 (Mich. 1997).
“[13] MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv).”
— Mich. Comp. Laws § 333.7401(2)(a)(l) — 1 case
— Mich. Comp. Laws § 333.7401(2)(a)(m) — 2 cases
— Mich. Comp. Laws § 333.7401(2)(a)(zc) — 1 case
— Mich. Comp. Laws § 333.7401(2)(a)(zo) — 1 case
— Mich. Comp. Laws § 333.7401(2)(a)(ü) — 1 case
— Mich. Comp. Laws § 333.7401(2)(aXi) — 1 case
— Mich. Comp. Laws § 333.7401(2)(aXii) — 1 case
— Mich. Comp. Laws § 333.7401(2)(aXiv) — 1 case
— Mich. Comp. Laws § 333.7401(2)(b) — 24 cases
People v. Brown, 755 N.W.2d 664 (Mich. Ct. App. 2008).
“MCL 333.7401(1), provides: *673 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.”
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017).
“*111 This case involves the offense of possession with intent to deliver a controlled substance, as set forth by MCL 333.7401 of the controlled substances act (CSA), MCL 333.”
— Mich. Comp. Laws § 333.7401(2)(b)(1) — 1 case
— Mich. Comp. Laws § 333.7401(2)(b)(i) — 134 cases
— Mich. Comp. Laws § 333.7401(2)(b)(ii) — 30 cases
People v. Brown, 755 N.W.2d 664 (Mich. Ct. App. 2008).
“MCL 333.7401(1), provides: *673 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.”
— Mich. Comp. Laws § 333.7401(2)(b)(zz) — 1 case
— Mich. Comp. Laws § 333.7401(2)(c) — 63 cases
— Mich. Comp. Laws § 333.7401(2)(d) — 30 cases
People v. Denio, 564 N.W.2d 13 (Mich. 1997).
“[13] MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv).”
— Mich. Comp. Laws § 333.7401(2)(d)(3) — 4 cases
— Mich. Comp. Laws § 333.7401(2)(d)(3)(2) — 2 cases
— Mich. Comp. Laws § 333.7401(2)(d)(i) — 12 cases
— Mich. Comp. Laws § 333.7401(2)(d)(ii) — 48 cases
— Mich. Comp. Laws § 333.7401(2)(d)(ii)(iii) — 1 case
— Mich. Comp. Laws § 333.7401(2)(d)(iii) — 180 cases
— Mich. Comp. Laws § 333.7401(2)(d)(üi) — 1 case
— Mich. Comp. Laws § 333.7401(2)(e) — 2 cases
— Mich. Comp. Laws § 333.7401(2)(f) — 1 case
— Mich. Comp. Laws § 333.7401(2)(g) — 1 case
— Mich. Comp. Laws § 333.7401(2)(iv) — 2 cases
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
“MCL 333.7401. The jury instructions should have set forth the requisite substance amount in a fashion similar to that set forth to prove the substantive offense, in essence, "that the substance was in a mixture that weighed 225 or more grams, but less than 650 grams.”
— Mich. Comp. Laws § 333.7401(2Xa)(iii) — 1 case
— Mich. Comp. Laws § 333.7401(2Xd) — 1 case
— Mich. Comp. Laws § 333.7401(3) — 69 cases
People v. Norfleet, 897 N.W.2d 195 (Mich. Ct. App. 2016).
“4 Defendant was charged with three counts of delivery of less than 50 grams of heroin, MCL 333.7401(2)(a)(¿u), on the basis of the two deliveries to Bembeneck by Alysha Nerg—as to which the prosecution alleged that defendant acted as an aider and abettor—and his direct delivery…”
People v. Gonzalez, 663 N.W.2d 499 (Mich. Ct. App. 2003).
“§ 333.7401 to 333.7461 and 333.7766a, concerning controlled *506 substances or androgenic anabolic steroids.”
People v. Denio, 564 N.W.2d 13 (Mich. 1997).
“[13] MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv).”
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
“MCL 333.7401. The jury instructions should have set forth the requisite substance amount in a fashion similar to that set forth to prove the substantive offense, in essence, "that the substance was in a mixture that weighed 225 or more grams, but less than 650 grams.”
— Mich. Comp. Laws § 333.7401(4) — 37 cases
People v. Claypool, 684 N.W.2d 278 (Mich. 2004).
“§ 333.7401. Under both provisions, M.C.L.”
People v. Fields, 528 N.W.2d 176 (Mich. 1995).
“The legislative history of MCL 333.7401; MSA 14.15(7401) supports this interpretation of the words substantial and compelling.”
— Mich. Comp. Laws § 333.7401(a)(i) — 1 case
— Mich. Comp. Laws § 333.7401(a)(iii) — 2 cases
— Mich. Comp. Laws § 333.7401(a)(iv) — 1 case
— Mich. Comp. Laws § 333.7401(c)(2)(a) — 1 case
— Mich. Comp. Laws § 333.7401(d) — 2 cases
— Mich. Comp. Laws § 333.7401(d)(3) — 1 case
— Mich. Comp. Laws § 333.7401(l)(2)(a)(iii) — 1 case
— Mich. Comp. Laws § 333.7401(l)(d) — 1 case
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