Chapter 1: Overview
This chapter discusses the structure of Article 7 of the Public Health Code (PHC), MCL 333.7101 et seq.,1 and summarizes the contents of each part of the article. This chapter also addresses procedural issues and reporting requirements relevant to controlled substance offenses.
The Controlled Substances Benchbook focuses primarily on criminal drug offenses described in Article 7 of the PHC, and some controlled substance offenses found in other articles of the PHC and different acts. Other topics discussed in this benchbook include specific licensee and practitioner violations, sentencing, defenses, evidentiary issues specific to controlled substance proceedings, problem-solving courts, and forfeiture proceedings under Article 7 of the PHC.
Additional matters regulated by Article 7 of the PHC but not addressed in this benchbook include licensure proceedings, civil administrative actions involving licensure, and the Board of Pharmacy’s substance classification procedures. A discussion of these matters is beyond the scope of this benchbook. Because Article 7 of the PHC does not apply to the regulation of alcoholic beverages or over-the-counter drugs, discussion of those topics is also beyond the scope of this benchbook. See MCL 333.7208 and MCL 333.7227. A detailed discussion of offenses involving operating a motor vehicle while intoxicated can be found in the Michigan Judicial Institute’s Traffic Benchbook, Chapter 9. A drug dealer’s civil liability under MCL 691.1601 et seq. is also outside the scope of this benchbook.