Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.7410a (2026)

Delivery or intent to deliver controlled substance in or within public or private park; term of imprisonment; definitions.

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PUBLIC HEALTH CODE


Act 368 of 1978


333.7410a Delivery or intent to deliver controlled substance in or within public or private park; term of imprisonment; definitions.

Sec. 7410a.

    (1) An individual 18 years of age or over who does any of the following may be punished by a term of imprisonment of not more than 2 years:

    (a) Violates section 7401(2)(a)(iv) or (2)(b)(i) or section 7401b by delivering a controlled substance or gamma-butyrolactone to a minor who is in a public park or private park or within 1,000 feet of a public park or private park.

    (b) Violates section 7401(2)(a)(iv) or (2)(b)(i) or section 7401b by possessing with intent to deliver a controlled substance or gamma-butyrolactone to a minor who is in a public park or private park or within 1,000 feet of a public park or private park.

    (c) Violates section 7403(2)(a)(v), (b), (c), or (d) or section 7401b by possessing a controlled substance or gamma-butyrolactone in or within 1,000 feet of a public park or private park.

    (d) Violates section 7401c within 1,000 feet of a public park or private park.

    (2) The term of imprisonment authorized under subsection (1) is in addition to the term of imprisonment authorized for the violation of section 7401(2)(a)(iv) or (2)(b)(i), section 7401b, section 7401c, or section 7403(2)(a)(v), (b), (c), or (d).

    (3) As used in this section:

    (a) "Private park" means real property owned or maintained by a private individual or entity and that is open to the general public or local residents for recreation or amusement.

    (b) "Public park" means real property owned or maintained by this state or a political subdivision of this state that is designated by this state or by that political subdivision as a public park.

History: Add. 1998, Act 261, Eff. Oct. 1, 1998 ;-- Am. 2000, Act 302, Eff. Jan. 1, 2001 ;-- Am. 2000, Act 314, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 217, Imd. Eff. June 26, 2006

PopularName Notes:

Act 368
Notes of Decisions
Cited in 3 cases, 2016–2017 · leading case: People v. English; People v. Smith, 317 Mich. App. 607 (Mich. Ct. App. 2016).
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People v. English; People v. Smith, 317 Mich. App. 607 (Mich. Ct. App. 2016). “MCL 333.7410a(l)(b) provides that a person who is 18 years of age or older may be sentenced to not more than two years of imprisonment if that person violates certain Public Health Code sections by “possessing with intent to deliver a controlled substance .”
People of Michigan v. Kay Margaret Oberle (Mich. Ct. App. 2017). · cites it 3× “7403(2)(b)(i); and delivery or possession of methamphetamines near a park, MCL 333.7410a. The circuit court sentenced defendant as a second habitual offender, MCL 333.”
People of Michigan v. Kay Margaret Oberle (Mich. Ct. App. 2017). · cites it 3× “7403(2)(b)(i); and delivery or possession of methamphetamines near a park, MCL 333.7410a. The circuit court sentenced defendant as a second habitual offender, MCL 333.”
— Mich. Comp. Laws § 333.7410a(l)(b) — 1 case
People v. English; People v. Smith, 317 Mich. App. 607 (Mich. Ct. App. 2016). “MCL 333.7410a(l)(b) provides that a person who is 18 years of age or older may be sentenced to not more than two years of imprisonment if that person violates certain Public Health Code sections by “possessing with intent to deliver a controlled substance .”
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