LIQUOR, NARCOTICS, AND WEAPONS PROHIBITED IN PRISONS
Act 17 of 1909
800.285 Violation as felony; penalty; prosecution for delivery or possession of controlled substance.
Sec. 5.
(1) Except as provided in subsection (2), a person violating this act is guilty of a felony, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 5 years, or both.
(2) If the delivery of a controlled substance is a felony punishable by imprisonment for more than 5 years under part 74 of Act No. 368 of the Public Acts of 1978, being sections 333.7401 to 333.7415 of the Michigan Compiled Laws, a person who gives, sells, or furnishes a controlled substance in violation of section 1 of this act shall not be prosecuted under this section for that giving, selling, or furnishing. If the possession of a controlled substance is a felony punishable by imprisonment for more than 5 years under part 74 of Act No. 368 of the Public Acts of 1978, a person who possesses, or brings into a correctional facility, a controlled substance in violation of section 1 of this act shall not be prosecuted under this section for that possession.
History: 1909, Act 17, Eff. Sept. 1, 1909 ;-- CL 1915, 1831 ;-- CL 1929, 17657 ;-- CL 1948, 800.285 ;-- Am. 1982, Act 343, Imd. Eff. Dec. 21, 1982
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1989–2023 · leading case:
People v. Nasir, 662 N.W.2d 29 (Mich. Ct. App. 2003).
People v. Nasir, 662 N.W.2d 29 (Mich. Ct. App. 2003).
· cites it 2× “…N.W.2d 1 , involving a strict-liability crime with a potential punishment of five years' imprisonment under M.C.L. § 800.285(1).”
United States v. Johnson, 704 F. Supp. 1403 (E.D. Mich. 1989).
“§ 800.285; cf M.C.L.A. § 333.7401(2)(c). Moreover, the evident inclusion of surreptitious conduct in the offense obviously forecloses “violent felony” treatment of the conviction.”
People v. DeLeon, 441 N.W.2d 85 (Mich. Ct. App. 1989).
· cites it 6× “MCL 800.285(1); MSA 28.1625(1). There is no legislative indication that carrying a concealed weapon is an aggravation of being an inmate in possession of the same weapon.”
People of Michigan v. Hamin Lorenzo Dixon (Mich. 2022).
· cites it 3× “283a; see also MCL 800.285. 2 Another Michigan statute demonstrates the link between prison telephone communications and prison security.”
— Mich. Comp. Laws § 800.285(1) — 5 cases
People v. Nasir, 662 N.W.2d 29 (Mich. Ct. App. 2003).
“…N.W.2d 1 , involving a strict-liability crime with a potential punishment of five years' imprisonment under M.C.L. § 800.285(1).”
People v. DeLeon, 441 N.W.2d 85 (Mich. Ct. App. 1989).
“MCL 800.285(1); MSA 28.1625(1). There is no legislative indication that carrying a concealed weapon is an aggravation of being an inmate in possession of the same weapon.”
— Mich. Comp. Laws § 800.285(2) — 1 case
People v. DeLeon, 441 N.W.2d 85 (Mich. Ct. App. 1989).
“MCL 800.285(1); MSA 28.1625(1). There is no legislative indication that carrying a concealed weapon is an aggravation of being an inmate in possession of the same weapon.”
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