PUBLIC HEALTH CODE
Act 368 of 1978
333.7410 Violations by individual 18 years of age or over who violates MCL 333.7401; distribution of marihuana; penalties; definitions.
Sec. 7410.
(1) Except as otherwise provided in subsections (2) and (3), an individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering or distributing a controlled substance listed in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to an individual under 18 years of age who is at least 3 years the deliverer's or distributor's junior may be punished by the fine authorized by section 7401(2)(a)(iv) or by a term of imprisonment of not less than 1 year nor more than twice that authorized by section 7401(2)(a)(iv), or both. An individual 18 years of age or over who violates section 7401 or 7401b by delivering or distributing any other controlled substance listed in schedules 1 to 5 or gamma-butyrolactone to an individual under 18 years of age who is at least 3 years the distributor's junior may be punished by the fine authorized by section 7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not more than twice that authorized by section 7401(2)(b), (c), or (d) or 7401b, or both.
(2) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to another person on or within 1,000 feet of school property or a library shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than 3 times that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv).
(3) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by possessing with intent to deliver to another person on or within 1,000 feet of school property or a library a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than twice that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv).
(4) An individual 18 years of age or over who violates section 7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing gamma-butyrolactone or a controlled substance on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401b or 7403(2)(a)(v), (b), (c), or (d).
(5) The court may depart from the minimum term of imprisonment authorized under subsection (2) or (3) if the court finds on the record that there are substantial and compelling reasons to do so.
(6) An individual 18 years of age or over who violates section 7401 by manufacturing methamphetamine as that term is described in section 7214(c)(ii) on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401(2)(b)(i).
(7) A person who distributes marihuana without remuneration and not to further commercial distribution and who does not violate subsection (1) 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, unless the distribution is in accordance with the federal law or the law of this state.
(8) As used in this section:
(a) "Library" means a library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; a community college district; a college or university; or any private library open to the public.
(b) "School property" means a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 12, Eff. June 1, 1988 ;-- Am. 1994, Act 174, Eff. Sept. 1, 1994 ;-- Am. 1999, Act 188, Imd. Eff. Nov. 24, 1999 ;-- Am. 2000, Act 302, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 216, Imd. Eff. June 26, 2006 ;-- Am. 2006, Act 552, Eff. Mar. 30, 2007 ;-- Am. 2016, Act 128, Eff. Aug. 23, 2016
PopularName Notes:
Act 368
Notes of Decisions
People v. English; People v. Smith (2016)
michctapp · cites it 54×
“Subsection (2) of MCL 333.7410 enhances the punishment for delivering a controlled substance to another person within a school zone, and subsection (4) enhances the punishment for possessing a controlled substance within a school zone.”
People v. Wilcox (2010)
mich · cites it 6×
“, MCL 333.7410(2) (providing a sentence of "not less than 2 years or more than 3 times that authorized by [MCL 333.”
People v. Peltola (2011)
mich · cites it 2×
“157c; voluntarily suffering a prisoner to escape, MCL 750.188; a felony committed in a weapon-free school zone, MCL 750.”
People v. McCrady (1995)
michctapp · cites it 3×
“Defendant appeals his convictions *477 of possession of cocaine on school property, MCL 333.7410(4); MSA 14.15(7410)(4) and MCL 333.”
People v. Poole (1996)
michctapp · cites it 2×
“§ 333.7410(2) and (3); M.S.A. § 14.15(7410)(2) and (3) (delivery or possession with intent to deliver schedule 1 or 2 narcotics or cocaine to a minor within 1,000 feet of a school property) to mandatory enhanced prison terms (although the court may depart from the mandatory…”
Bettina Winkler v. Marist Fathers of Detroit Inc (2017)
michctapp · cites it 2×
“Defendant refers to this statutory provision as MCL 333.7410(6)(b), which reflects the provisions's iteration before it was amended by 2016 PA 128 , effective August 23, 2016.”
United States v. Certain Real Property Located at 750 East Shore Drive (1992)
mied · cites it 2×
“On May 20, 1992, Stephen pleaded guilty to a misdemeanor charge of growing marijuana “without remuneration and not to further commercial distribution,” a violation of Mich.Comp.Laws Ann. § 333.7410(7). APPLICABLE LAW Pursuant to the federal civil forfeiture statute, (a) Subject…”
People v. Havens (2005)
michctapp · cites it 2×
“Defendant appeals by delayed leave granted her sentences of 15 to 40 years imposed for her plea-based convictions of delivery of less than 50 grams of heroin to a minor, MCL 333.7410(1). We vacate defendant's sentences and remand for resentencing.”
People v. Minier (1980)
michctapp
“15(7403); and MCL 333.7410(2); MSA 14.15(7410X2). 3 We do not speculate at this time whether the exception to Chamblis enunciated subsequent to this trial in People v Miller, 406 Mich 244 ; 277 NW2d 630 (1979), would have permitted the instructions in question.”
People of Michigan v. Lymance English (2016)
michctapp · cites it 14×
“In these consolidated cases, the prosecution appeals by leave granted1 the trial court’s dismissal of charges under MCL 333.7410(3) against each defendant for possessing with intent to deliver drugs within 1,000 feet of a school.”
— Mich. Comp. Laws § 333.7410(1) — 9 cases
People v. Havens (2005)
michctapp
“Defendant appeals by delayed leave granted her sentences of 15 to 40 years imposed for her plea-based convictions of delivery of less than 50 grams of heroin to a minor, MCL 333.7410(1). We vacate defendant's sentences and remand for resentencing.”
— Mich. Comp. Laws § 333.7410(2) — 4 cases
People v. Wilcox (2010)
mich
“, MCL 333.7410(2) (providing a sentence of "not less than 2 years or more than 3 times that authorized by [MCL 333.”
People v. Poole (1996)
michctapp
“§ 333.7410(2) and (3); M.S.A. § 14.15(7410)(2) and (3) (delivery or possession with intent to deliver schedule 1 or 2 narcotics or cocaine to a minor within 1,000 feet of a school property) to mandatory enhanced prison terms (although the court may depart from the mandatory…”
People v. Minier (1980)
michctapp
“15(7403); and MCL 333.7410(2); MSA 14.15(7410X2). 3 We do not speculate at this time whether the exception to Chamblis enunciated subsequent to this trial in People v Miller, 406 Mich 244 ; 277 NW2d 630 (1979), would have permitted the instructions in question.”
— Mich. Comp. Laws § 333.7410(3) — 6 cases
People v. English; People v. Smith (2016)
michctapp
“Subsection (2) of MCL 333.7410 enhances the punishment for delivering a controlled substance to another person within a school zone, and subsection (4) enhances the punishment for possessing a controlled substance within a school zone.”
People v. Wilcox (2010)
mich
“, MCL 333.7410(2) (providing a sentence of "not less than 2 years or more than 3 times that authorized by [MCL 333.”
People of Michigan v. Lymance English (2016)
michctapp
“In these consolidated cases, the prosecution appeals by leave granted1 the trial court’s dismissal of charges under MCL 333.7410(3) against each defendant for possessing with intent to deliver drugs within 1,000 feet of a school.”
— Mich. Comp. Laws § 333.7410(4) — 2 cases
People v. McCrady (1995)
michctapp
“Defendant appeals his convictions *477 of possession of cocaine on school property, MCL 333.7410(4); MSA 14.15(7410)(4) and MCL 333.”
— Mich. Comp. Laws § 333.7410(5) — 1 case
People v. English; People v. Smith (2016)
michctapp
“Subsection (2) of MCL 333.7410 enhances the punishment for delivering a controlled substance to another person within a school zone, and subsection (4) enhances the punishment for possessing a controlled substance within a school zone.”
— Mich. Comp. Laws § 333.7410(6) — 1 case
People v. McCrady (1995)
michctapp
“Defendant appeals his convictions *477 of possession of cocaine on school property, MCL 333.7410(4); MSA 14.15(7410)(4) and MCL 333.”
— Mich. Comp. Laws § 333.7410(6)(b) — 1 case
Bettina Winkler v. Marist Fathers of Detroit Inc (2017)
michctapp
“Defendant refers to this statutory provision as MCL 333.7410(6)(b), which reflects the provisions's iteration before it was amended by 2016 PA 128 , effective August 23, 2016.”
— Mich. Comp. Laws § 333.7410(7) — 1 case
United States v. Certain Real Property Located at 750 East Shore Drive (1992)
mied
“On May 20, 1992, Stephen pleaded guilty to a misdemeanor charge of growing marijuana “without remuneration and not to further commercial distribution,” a violation of Mich.Comp.Laws Ann. § 333.7410(7). APPLICABLE LAW Pursuant to the federal civil forfeiture statute, (a) Subject…”
— Mich. Comp. Laws § 333.7410(8)(b) — 1 case
Bettina Winkler v. Marist Fathers of Detroit Inc (2017)
michctapp
“Defendant refers to this statutory provision as MCL 333.7410(6)(b), which reflects the provisions's iteration before it was amended by 2016 PA 128 , effective August 23, 2016.”
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