Mich. Comp. Laws » Michigan Compiled Laws / Chapter 761 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 761.2 (2026)

“Major controlled substance offense” defined.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


761.2 “Major controlled substance offense” defined.

Sec. 2.

    As used in this act, "major controlled substance offense" means either or both of the following:

    (a) A violation of section 7401(2)(a) of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7401 of the Michigan Compiled Laws.

    (b) A violation of section 7403(2)(a)(i) to (iv) of Act No. 368 of the Public Acts of 1978, being section 333.7403 of the Michigan Compiled Laws.

    (c) Conspiracy to commit an offense listed in subdivision (a) or (b).

History: Add. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1983–2025 · 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 2× “In any event, it is not necessary to reach this issue in this case because the statute under which defendant was convicted and sentenced does not provide a mandatory minimum and is not a "major controlled substance offense," as defined in MCL 761.2. Therefore MCL 769.10(1)(c),…”
People v. Morris, 450 Mich. 316 (Mich. 1995). · cites it 2× “MCL 761.2; MSA 28.843(12). [14] See n 4. [15] Defendants also argue that a broad interpretation of "another felony" allows law enforcement and prosecuting authorities to improperly lengthen minimum sentences that must be imposed on a particular offender by engaging in a number…”
People v. Gridiron, 475 N.W.2d 879 (Mich. Ct. App. 1991). · cites it 2× “MCL 761.2; MSA 28.843(12) defines "major controlled substance offense" as being a violation of § 7401(2)(a), a violation of § 7403(2)(a)(i)-(iv), or a conspiracy to violate either of those statutes.”
People v. Binder, 544 N.W.2d 714 (Mich. Ct. App. 1996). · cites it 2× “This Court earlier concluded that the statute *39 permitted the jury to be instructed only on lesser included offenses that are major controlled substances offenses.”
People v. Primer, 506 N.W.2d 839 (Mich. 1993). · cites it 2× “" MCL 761.2(a); MSA 28.843(12)(a). [11] Bewersdorf is not alone in advancing this position.”
People v. Sears, 336 N.W.2d 210 (Mich. Ct. App. 1983). “MCL 761.2; MSA 28.843(12), defining major controlled substance offenses.”
People v. Rondon, 375 N.W.2d 761 (Mich. Ct. App. 1985). “"(b) The sentences imposed for conviction of the prior charged offense and a subsequent offense which is a major controlled substance offense shall run consecutively” (Emphasis added.”
People v. Gross, 763 N.W.2d 911 (Mich. 2009). · cites it 2× “" MCL 761.2. For such offenses, the judge has discretion to fix both the minimum and maximum terms within the limits set by statute.”
People v. Wyrick, 695 N.W.2d 555 (Mich. Ct. App. 2005). · cites it 2× “§ 761.2(a), the trial court, if it elected to exercise its discretion to enhance defendant's sentence, was required to do so under the subsequent-offender provision of the Public Health Code, which authorizes enhancement to "a term not more than twice the term otherwise…”
People of Michigan v. Romero Julius Potts (Mich. Ct. App. 2022). · cites it 2× “MCL 761.2(b). Possession of Oxycodone, MCL 333.”
People v. Feazel, 558 N.W.2d 219 (Mich. Ct. App. 1996). · cites it 5× “Defendant’s sentence for conspiracy to deliver cocaine in this case was ordered to run consecutively to the sentences from Isabella County because the trial court believed it was a major controlled substance offense under MCL 761.2; MSA 28.843(12). For this reason, the trial…”
People of Michigan v. Rolando Landry Farris (Mich. 2018). “In particular, the prosecuting attorney shall address: (1) whether the trial court’s preliminary sentence evaluation for probation with no more than one year in jail was for a sentence that the court lacked authority to impose for the defendant’s no contest plea to…”
Show all 19 citing cases →
— Mich. Comp. Laws § 761.2(a) — 6 cases
People v. Primer, 506 N.W.2d 839 (Mich. 1993). “" MCL 761.2(a); MSA 28.843(12)(a). [11] Bewersdorf is not alone in advancing this position.”
People v. Wyrick, 695 N.W.2d 555 (Mich. Ct. App. 2005). “§ 761.2(a), the trial court, if it elected to exercise its discretion to enhance defendant's sentence, was required to do so under the subsequent-offender provision of the Public Health Code, which authorizes enhancement to "a term not more than twice the term otherwise…”
People of Michigan v. Colleen Marie Berridge (Mich. Ct. App. 2020).
People of Michigan v. Daron Mandel Evans (Mich. Ct. App. 2024).
20250116_C363151_52_363151.Opn_Order.Pdf (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 761.2(b) — 1 case
People of Michigan v. Romero Julius Potts (Mich. Ct. App. 2022). “MCL 761.2(b). Possession of Oxycodone, MCL 333.”
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