Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.317a (2026)

Delivery of schedule 1 or 2 controlled substance; death as felony; penalty.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.317a Delivery of schedule 1 or 2 controlled substance; death as felony; penalty.

Sec. 317a.

    A person who delivers a schedule 1 or 2 controlled substance, other than marihuana, to another person in violation of section 7401 of the public health code, 1978 PA 368, MCL 333.7401, that is consumed by that person or any other person and that causes the death of that person or other person is guilty of a felony punishable by imprisonment for life or any term of years.

History: Add. 2005, Act 167, Eff. Jan. 1, 2006

Notes of Decisions
Cited in 46 cases (21 in the last 5 years), 2008–2025 · leading case: People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
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People v. Plunkett, 780 N.W.2d 280 (Mich. 2010). · cites it 28× “" [9] This Court scheduled argument on whether to grant the prosecution's application for leave to appeal or take other peremptory action and directed the parties to address "whether MCL 750.317a encompasses the defendant's actions in this case.”
People of Michigan v. Romon Berry McBurrows, 913 N.W.2d 342 (Mich. Ct. App. 2017). · cites it 10× “Defendant is charged with one count of delivery of a controlled substance causing death (fentanyl), MCL 750.317a. Defendant argued in the trial court as well as on appeal that the trial court lacks "jurisdiction.”
People v. Plunkett, 760 N.W.2d 850 (Mich. Ct. App. 2008). · cites it 16× “The prosecution appeals by delayed leave granted the circuit court's order granting defendant's motion to quash the district court's bindover for trial on charges of delivery of a controlled substance (heroin), thereby causing death, MCL 750.317a; and delivery of less than 50…”
People of Michigan v. Romon Berry McBurrows (Mich. 2019). · cites it 20× “Abraham, a resident of Monroe County, had driven an acquaintance to a house in Wayne County where the acquaintance bought heroin from defendant. Abraham and the acquaintance used some of the heroin in a nearby parking lot and then returned to their homes.”
People of Michigan v. Kiefer Derik Olger (Mich. Ct. App. 2017). · cites it 14× “331876, the jury convicted defendant of delivery of less than 50 grams of a controlled substance, MCL 333.”
People of Michigan v. Kiefer Derik Olger (Mich. Ct. App. 2017). · cites it 14× “331876, the jury convicted defendant of delivery of less than 50 grams of a controlled substance, MCL 333.”
Olger 730370 v. Horton (W.D. Mich. 2022). · cites it 14× “A person violates MCL 750.317a if he or she delivers heroin “to another person .”
People of Michigan v. Romon Berry McBurrows (Mich. Ct. App. 2017). · cites it 9× “”2 Defendant is charged with one count of delivery of a controlled substance causing death (fentanyl), MCL 750.317a. For the reasons set forth in this opinion, we reverse and remand the matter to the trial court for further proceedings consistent with this opinion.”
People of Michigan v. Leslie Cecilia Metcalfe (Mich. Ct. App. 2020). · cites it 8× “317a, Metcalfe contends that the prosecutor presented insufficient evidence to support her convictions, and both challenge their sentences.”
People of Michigan v. Tiffany Lyn-Dee Dumback (Mich. Ct. App. 2019). · cites it 7× “-5- NW2d 342 (2017) (emphases omitted), held that the offense of delivering a controlled substance causing death, MCL 750.317a, was “properly understood as providing a penalty enhancement when a defendant’s criminal act—the delivery of a controlled substance in violation of MCL…”
People of Michigan v. Scott Allen Debruyn (Mich. Ct. App. 2022). · cites it 7× “Defendant appealed as of right and moved for remand to the trial court for an evidentiary hearing to determine whether he was entitled to a new trial on the basis that he was denied the effective assistance of counsel.”
DeBruyn v. Douglas (E.D. Mich. 2024). · cites it 7× “Mich. Comp Laws § 750.317a proscribes delivery of a controlled substance causing death as follows: A person who delivers a schedule 1 or 2 controlled substance, other than marihuana, to another person in violation of .”
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