Chapter 2: Delivery, Distribution, Manufacture, Possession, Sale, and Use Offenses in Article 7 of the Public Health Code

2.1Scope Note

This chapter discusses delivery,1 distribution, manufacture, possession, sale, and use offenses covered in Article 7 of the Public Health Code (PHC), MCL 333.7101 et seq.2 At the outset, this chapter will discuss legal authority regarding general principles applicable to all the offenses discussed in this chapter. Each section of this chapter following the general discussion 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.

Licensing sanctions under the Michigan Vehicle Code, MCL 257.1 et seq., are discussed in detail in the Michigan Judicial Institute’s Traffic Benchbook, Chapter 1. This discussion includes the sanctions applicable to controlled substance-related operating convictions under MCL 257.625. An SCAO table entitled, Reporting Circuit Court Felony Convictions to the Department of State, contains a detailed list of offenses and their abstracting requirements.

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

1   Note that the offense of delivery of a controlled substance causing death, MCL 750.317a, is codified in the Michigan Penal Code and is discussed in Section 5.4.

2   MCL 333.7101 et seq. refers to the beginning of Article 7. The beginning of the entire Public Health Code can be found at MCL 333.1101 et seq.