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

Mich. Comp. Laws § 333.7413 (2026)

Conviction of second or subsequent violation; penalty.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.7413 Conviction of second or subsequent violation; penalty.

Sec. 7413.

    (1) Except as otherwise provided in subsection (2) an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not more than twice that otherwise authorized, or both.

    (2) An individual convicted of a second or subsequent offense under section 7410(2) or (3) must be punished, subject to subsection (3), by a term of imprisonment of not less than 5 years nor more than twice that authorized under section 7410(2) or (3) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7410(2) or (3); and is not eligible for probation or suspension of sentence during the term of imprisonment.

    (3) The court may depart from the minimum term of imprisonment authorized under subsection (2) if the court finds on the record that there are substantial and compelling reasons to do so.

    (4) For purposes of subsection (1), an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under this article or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 12, Eff. June 1, 1988 ;-- Am. 1988, Act 144, Imd. Eff. June 6, 1988 ;-- Am. 2017, Act 266, Eff. Mar. 28, 2018

PopularName Notes:

Act 368
Notes of Decisions
Cited in 240 cases (76 in the last 5 years), 1979–2026 · leading case: People v. Lowe, 773 N.W.2d 1 (Mich. 2009).
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People v. Lowe, 773 N.W.2d 1 (Mich. 2009). · cites it 117× “This case presents the question whether MCL 333.7413(2), by authorizing a trial court to enhance the sentence of a defendant who is a repeat drug offender to a "term not more than twice the term otherwise authorized," allows the trial court to double both the defendant's minimum…”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011). · cites it 56× “in a section of that decision responding to the dissent that the absence of a reference to PRVs in § 21(4) appeared to indicate that the Legislature intended that offenders falling under § 21(4) should not be scored with regard to the repeat nature of 30 We note that our reading…”
People v. Williams, 707 N.W.2d 624 (Mich. Ct. App. 2005). · cites it 25× “He was prosecuted as a repeat drug offender under MCL 333.7413(2), which provides for sentence enhancement *418 when a defendant has been convicted of a second or subsequent drug offense under the controlled substances act, MCL 333.”
People v. Eason, 458 N.W.2d 17 (Mich. 1990). · cites it 30× “We granted leave to appeal to determine whether the procedural safeguards [1] surrounding a formal trial must be afforded a defendant subjected to an enhanced sentence pursuant to the second-offender provisions of the controlled substance act, MCL 333.7413; MSA 14.15(7413). We…”
People v. Poole, 555 N.W.2d 485 (Mich. Ct. App. 1996). · cites it 20× “§ 333.7413; M.S.A. § 14.15(7413) prescribes the penalties for repeat controlled substance offenders.”
People v. Clark, 888 N.W.2d 309 (Mich. Ct. App. 2016). · cites it 4× “7a(2); therefore, the trial court erred by ordering his sentence to run consecutively to the federal sentence.”
People v. Morris, 450 Mich. 316 (Mich. 1995). · cites it 10× “Nolan, 203 Mich App 628 ; 513 NW2d 237 (1994) (affirmed application of § 7401[3] to require sentences *329 for two controlled substance offenses to run consecutively to each other, and for three concurrent criminal sexual conduct sentences to run consecutively to the controlled…”
People v. Fetterley, 583 N.W.2d 199 (Mich. Ct. App. 1998). · cites it 4× “The defendant contended on appeal that her plea was the result of an illusory sentence agreement, arguing that because she was convicted of an offense set forth in the controlled substance provisions of the Public Health Code, her sentence could only be supplemented under the…”
People v. Wilcox, 781 N.W.2d 784 (Mich. 2010). · cites it 4× “Various statutes similarly provide an absolute mandatory term of life imprisonment: MCL 333.7413(1) (subsequent violations of certain serious controlled substance offenses); MCL 750.”
People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003). · cites it 2× “224f; driving with a suspended license, MCL 257.904(3)(b); and two counts of receiving and concealing a stolen firearm, MCL 750.”
People v. Gonzalez, 663 N.W.2d 499 (Mich. Ct. App. 2003). · cites it 2× “Because defendant Gonzalez had previously been convicted of possession of less than twenty-five grams of cocaine, he was subject to having this sentence enhanced to "not more than twice the term authorized.”
People v. Crawford, 582 N.W.2d 785 (Mich. 1998). · cites it 2× “§ 333.7413: M.S.A. § 14.15(7413) states: (1) An individual who was convicted previously for a violation of any of the following offenses and is thereafter convicted of a second or subsequent violation of any of the following offenses shall be imprisoned for life and shall not be…”
Show all 240 citing cases →
— Mich. Comp. Laws § 333.7413(1) — 47 cases
People v. Poole, 555 N.W.2d 485 (Mich. Ct. App. 1996). “§ 333.7413; M.S.A. § 14.15(7413) prescribes the penalties for repeat controlled substance offenders.”
People v. Wilcox, 781 N.W.2d 784 (Mich. 2010). “Various statutes similarly provide an absolute mandatory term of life imprisonment: MCL 333.7413(1) (subsequent violations of certain serious controlled substance offenses); MCL 750.”
People v. Eccles, 677 N.W.2d 76 (Mich. Ct. App. 2004).
People v. Eason, 458 N.W.2d 17 (Mich. 1990). “We granted leave to appeal to determine whether the procedural safeguards [1] surrounding a formal trial must be afforded a defendant subjected to an enhanced sentence pursuant to the second-offender provisions of the controlled substance act, MCL 333.7413; MSA 14.15(7413). We…”
20250116_C363151_52_363151.Opn_Order.Pdf (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 333.7413(1)(a) — 3 cases
People of Michigan v. Jamal Basim El-Amin (Mich. Ct. App. 2017).
People of Michigan v. Jamal Basim El-Amin (Mich. Ct. App. 2017).
El-Amin v. Haas (E.D. Mich. 2021).
— Mich. Comp. Laws § 333.7413(2) — 117 cases
People v. Lowe, 773 N.W.2d 1 (Mich. 2009). “This case presents the question whether MCL 333.7413(2), by authorizing a trial court to enhance the sentence of a defendant who is a repeat drug offender to a "term not more than twice the term otherwise authorized," allows the trial court to double both the defendant's minimum…”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011). “in a section of that decision responding to the dissent that the absence of a reference to PRVs in § 21(4) appeared to indicate that the Legislature intended that offenders falling under § 21(4) should not be scored with regard to the repeat nature of 30 We note that our reading…”
People v. Williams, 707 N.W.2d 624 (Mich. Ct. App. 2005). “He was prosecuted as a repeat drug offender under MCL 333.7413(2), which provides for sentence enhancement *418 when a defendant has been convicted of a second or subsequent drug offense under the controlled substances act, MCL 333.”
People v. Eason, 458 N.W.2d 17 (Mich. 1990). “We granted leave to appeal to determine whether the procedural safeguards [1] surrounding a formal trial must be afforded a defendant subjected to an enhanced sentence pursuant to the second-offender provisions of the controlled substance act, MCL 333.7413; MSA 14.15(7413). We…”
People v. Clark, 888 N.W.2d 309 (Mich. Ct. App. 2016). “7a(2); therefore, the trial court erred by ordering his sentence to run consecutively to the federal sentence.”
— Mich. Comp. Laws § 333.7413(2)(a) — 3 cases
20230209_C361021_43_361021.Opn.Pdf (Mich. Ct. App. 2023).
People of Michigan v. Levon Forrest Duke (Mich. Ct. App. 2023).
People of Michigan v. Dimarco Eugene Smith (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 333.7413(3) — 2 cases
People v. Whittaker, 635 N.W.2d 687 (Mich. 2001).
People v. Wilcox, 781 N.W.2d 784 (Mich. 2010). “Various statutes similarly provide an absolute mandatory term of life imprisonment: MCL 333.7413(1) (subsequent violations of certain serious controlled substance offenses); MCL 750.”
— Mich. Comp. Laws § 333.7413(4) — 2 cases
People of Michigan v. Joni Marie Kuieck (Mich. Ct. App. 2020).
People of Michigan v. Joni Marie Kuieck (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 333.7413(5) — 2 cases
People v. Lowe, 773 N.W.2d 1 (Mich. 2009). “This case presents the question whether MCL 333.7413(2), by authorizing a trial court to enhance the sentence of a defendant who is a repeat drug offender to a "term not more than twice the term otherwise authorized," allows the trial court to double both the defendant's minimum…”
People v. Roseburgh, 545 N.W.2d 14 (Mich. Ct. App. 1996).
— Mich. Comp. Laws § 333.7413(l)(c) — 2 cases
People v. Briseno, 535 N.W.2d 559 (Mich. Ct. App. 1995).
Puertas v. Overton, 342 F. Supp. 2d 649 (E.D. Mich. 2004).
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