Chapter 5: Controlled Substance Offenses Codified in Other Articles of the PHC and in Other Acts

5.1Scope Note

This chapter discusses controlled substance offenses that are codified in the Code of Criminal Procedure, MCL 760.1 et seq.; the Michigan Penal Code, MCL 750.1 et seq.; the Public Health Code (PHC), MCL 333.1101 et seq. (with the exception of the Article 7 offenses discussed in chapters 2-4); Act 119 of 1967 (chemical agents); Act 17 of 1909 (liquor, narcotics, and weapons prohibited in prisons); Act 7 of 1981 (liquor, narcotics, and weapons prohibited in jails); and the Medical Marihuana Facilities Licensing Act (MMFLA), MCL 333.27101 et seq. Each section of this chapter will focus on a specific offense and will provide the statutory authority and the penalties for commission of that offense. When applicable, each section will also include a list of relevant jury instructions and a discussion of other issues pertinent to the particular offense. Offenses related to operating a motor vehicle while under the influence of a controlled substance are discussed in Chapter 9 of the Michigan Judicial Institute’s Traffic Benchbook and offenses related to operating an off-road recreational vehicle, motorboat, or snowmobile while under the influence of a controlled substance are discussed in the Michigan Judicial Institute’s Recreational Vehicles Benchbook.

See the Michigan Judicial Institute’s table for sentencing information about the offenses covered in this chapter.