Mich. Comp. Laws » Michigan Compiled Laws / Chapter 777 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 777.45 (2026)

Aggravated controlled substance offenses; definitions.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.45 Aggravated controlled substance offenses; definitions.

Sec. 45.

    (1) Offense variable 15 is aggravated controlled substance offenses. Score offense variable 15 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

    

    (a) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 1,000 or more grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)

    100 points

    (b) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 450 grams or more but less than 1,000 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)

    75 points

    (c) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 50 or more grams but less than 450 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)

    50 points

    (d) The offense involved traveling from another state or country to this state while in possession of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7212 or 7214 with the intent to deliver that mixture in this state

    50 Points

    (e) The offense involved the sale or delivery of a controlled substance other than marihuana or a mixture containing a controlled substance other than marihuana by the offender who was 18 years of age or older to a minor who was 3 or more years younger than the offender

    25 points

    (f) The offense involved the sale, delivery, or possession with intent to sell or deliver 45 kilograms or more of marihuana or 200 or more of marihuana plants

    10 points

    (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) and was committed in a minor's abode, settled home, or domicile, regardless of whether the minor was present

    10 points

    (h) The offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or counterfeit controlled substances having a value or under such circumstances as to indicate trafficking

    5 points

    (i) The offense was not an offense described in subdivisions (a) through (h)

    0 points

    (2) As used in this section:

    (a) "Deliver" means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.

    (b) "Minor" means an individual 17 years of age or less.

    (c) "Trafficking" means the sale or delivery of controlled substances or counterfeit controlled substances on a continuing basis to 1 or more other individuals for further distribution.

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2002, Act 666, Eff. Mar. 1, 2003 ;-- Am. 2013, Act 203, Eff. Mar. 19, 2014

Notes of Decisions
Cited in 32 cases (7 in the last 5 years), 2005–2026 · leading case: People v. Gray, 824 N.W.2d 213 (Mich. Ct. App. 2012).
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People v. Gray, 824 N.W.2d 213 (Mich. Ct. App. 2012). · cites it 8× “Defendant appeals by delayed application for leave to appeal granted, challenging the assessment of 50 points with respect to offense variable (OV) 15, MCL 777.45, which addresses aggravated controlled substance offenses.”
People v. Havens, 706 N.W.2d 210 (Mich. Ct. App. 2005). · cites it 2× “We assume that if injection constitutes delivery for purposes of conviction, the same act constitutes delivery for purposes of scoring offense variable 15 (aggravated controlled substance offenses), MCL 777.45, at 25 points for delivery of a controlled substance other than…”
People of Michigan v. Mark Allen Ingersoll Jr (Mich. Ct. App. 2024). · cites it 8× “As used in MCL 777.45, “ ‘[d]eliver’ means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration,” see MCL 777.”
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). · cites it 7× “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). · cites it 7× “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Timothy Joseph Walker (Mich. Ct. App. 2024). · cites it 5× “” MCL 777.45(1). Five points may be assessed for OV 15 if the offense “involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or counterfeit controlled…”
People of Michigan v. Bryan Patrick Anderson (Mich. Ct. App. 2018). · cites it 4× “” MCL 777.45(1). The underlying sentencing statute provides in relevant part for the assessment of points as follows: (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a…”
People of Michigan v. Bryan Patrick Anderson (Mich. Ct. App. 2018). · cites it 4× “” MCL 777.45(1). The underlying sentencing statute provides in relevant part for the assessment of points as follows: (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a…”
People of Michigan v. Charese Louise Arnold (Mich. Ct. App. 2018). · cites it 4× “MCL 777.45(1)(a) prescribes 100 points where the sentencing offense “involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create or deliver” 1,000 or more grams of schedule 1 or 2 drugs,2 and MCL 777.”
People of Michigan v. Joseph Peter Ballas (Mich. Ct. App. 2020). · cites it 4× “]” MCL 777.45(1)(h). “Deliver” is defined as “the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.”
People of Michigan v. James Bradley (Mich. Ct. App. 2022). · cites it 4× “” MCL 777.45(1). A sentencing court must assess 50 points if “[t]he offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 50 or more grams but less than 450 grams of any mixture containing a controlled…”
People of Michigan v. James Drake (Mich. Ct. App. 2024). · cites it 4× “MCL 777.45 does not otherwise provide such consideration.”
Show all 32 citing cases →
— Mich. Comp. Laws § 777.45(1) — 14 cases
People v. Gray, 824 N.W.2d 213 (Mich. Ct. App. 2012). “Defendant appeals by delayed application for leave to appeal granted, challenging the assessment of 50 points with respect to offense variable (OV) 15, MCL 777.45, which addresses aggravated controlled substance offenses.”
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Rayshon Devon Dover (Mich. Ct. App. 2018).
People of Michigan v. Rayshon Devon Dover (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 777.45(1)(a) — 3 cases
People of Michigan v. Claude Richard Davis (Mich. Ct. App. 2016).
People of Michigan v. Erin Kathleen Dennis (Mich. Ct. App. 2018).
People of Michigan v. Charese Louise Arnold (Mich. Ct. App. 2018). “MCL 777.45(1)(a) prescribes 100 points where the sentencing offense “involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create or deliver” 1,000 or more grams of schedule 1 or 2 drugs,2 and MCL 777.”
— Mich. Comp. Laws § 777.45(1)(b) — 1 case
People of Michigan v. Charese Louise Arnold (Mich. Ct. App. 2018). “MCL 777.45(1)(a) prescribes 100 points where the sentencing offense “involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create or deliver” 1,000 or more grams of schedule 1 or 2 drugs,2 and MCL 777.”
— Mich. Comp. Laws § 777.45(1)(c) — 4 cases
People of Michigan v. Horacio Rodriguez (Mich. Ct. App. 2018).
People of Michigan v. Horacio Rodriguez (Mich. Ct. App. 2018).
People of Michigan v. Charese Louise Arnold (Mich. Ct. App. 2018). “MCL 777.45(1)(a) prescribes 100 points where the sentencing offense “involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create or deliver” 1,000 or more grams of schedule 1 or 2 drugs,2 and MCL 777.”
People of Michigan v. James Bradley (Mich. Ct. App. 2022). “” MCL 777.45(1). A sentencing court must assess 50 points if “[t]he offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 50 or more grams but less than 450 grams of any mixture containing a controlled…”
— Mich. Comp. Laws § 777.45(1)(d) — 6 cases
People of Michigan v. Tiarra Miranda Pagel (Mich. Ct. App. 2026).
People of Michigan v. Kevin Scott Varner (Mich. Ct. App. 2016).
People of Michigan v. Juan Delavonte Davis, 920 N.W.2d 146 (Mich. 2018).
People of Michigan v. Daniel J Saarela (Mich. Ct. App. 2022).
People of Michigan v. Daniel J Saarela (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 777.45(1)(f) — 2 cases
People of Michigan v. Rayshon Devon Dover (Mich. Ct. App. 2018).
People of Michigan v. Rayshon Devon Dover (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 777.45(1)(g) — 3 cases
People of Michigan v. Bryan Patrick Anderson (Mich. Ct. App. 2018). “” MCL 777.45(1). The underlying sentencing statute provides in relevant part for the assessment of points as follows: (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a…”
People of Michigan v. Bryan Patrick Anderson (Mich. Ct. App. 2018). “” MCL 777.45(1). The underlying sentencing statute provides in relevant part for the assessment of points as follows: (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a…”
People of Michigan v. Mark Allen Ingersoll Jr (Mich. Ct. App. 2024). “As used in MCL 777.45, “ ‘[d]eliver’ means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration,” see MCL 777.”
— Mich. Comp. Laws § 777.45(1)(h) — 10 cases
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Joseph Peter Ballas (Mich. Ct. App. 2020). “]” MCL 777.45(1)(h). “Deliver” is defined as “the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.”
People of Michigan v. James Bradley (Mich. Ct. App. 2022). “” MCL 777.45(1). A sentencing court must assess 50 points if “[t]he offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 50 or more grams but less than 450 grams of any mixture containing a controlled…”
People of Michigan v. Mark Allen Ingersoll Jr (Mich. Ct. App. 2024). “As used in MCL 777.45, “ ‘[d]eliver’ means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration,” see MCL 777.”
— Mich. Comp. Laws § 777.45(2)(a) — 7 cases
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Juan Delavonte Davis, 920 N.W.2d 146 (Mich. 2018).
People of Michigan v. Joseph Peter Ballas (Mich. Ct. App. 2020). “]” MCL 777.45(1)(h). “Deliver” is defined as “the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.”
People of Michigan v. Mark Allen Ingersoll Jr (Mich. Ct. App. 2024). “As used in MCL 777.45, “ ‘[d]eliver’ means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration,” see MCL 777.”
— Mich. Comp. Laws § 777.45(2)(c) — 7 cases
People of Michigan v. Jeffrey Michael Hatch (Mich. Ct. App. 2015).
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Robert Franklin Jones (Mich. Ct. App. 2018). “MCL 777.45(1). Under OV 15, the trial court must score five points when: [t]he offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or…”
People of Michigan v. Joseph Peter Ballas (Mich. Ct. App. 2020). “]” MCL 777.45(1)(h). “Deliver” is defined as “the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.”
People of Michigan v. Mark Allen Ingersoll Jr (Mich. Ct. App. 2024). “As used in MCL 777.45, “ ‘[d]eliver’ means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration,” see MCL 777.”
— Mich. Comp. Laws § 777.45(h) — 2 cases
People of Michigan v. Bryan Patrick Anderson (Mich. Ct. App. 2018). “” MCL 777.45(1). The underlying sentencing statute provides in relevant part for the assessment of points as follows: (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a…”
People of Michigan v. Bryan Patrick Anderson (Mich. Ct. App. 2018). “” MCL 777.45(1). The underlying sentencing statute provides in relevant part for the assessment of points as follows: (g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a…”
— Mich. Comp. Laws § 777.45(l)(c) — 1 case
People v. Gray, 824 N.W.2d 213 (Mich. Ct. App. 2012). “Defendant appeals by delayed application for leave to appeal granted, challenging the assessment of 50 points with respect to offense variable (OV) 15, MCL 777.45, which addresses aggravated controlled substance offenses.”
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