4.5Licensee Distribution of Schedule 1 or 2 Controlled Substances
“A person shall not knowingly or intentionally . . . [d]istribute as a licensee[1] a controlled substance classified in schedule 1 or 2, except pursuant to an order form as required by [MCL 333.73312].” MCL 333.7407(1)(a).
Violation of MCL 333.7407(1)(a) is a felony punishable by:
•imprisonment for not more than four years; or
•a fine of not more than $30,000; or
•both. MCL 333.7407(3).
Where a defendant argues that he or she was authorized to distribute the controlled substance at issue, he or she bears the burden of proving that his or her conduct was authorized.3 MCL 333.7531(1). In the absence of proof, there is a rebuttable presumption that the defendant was not authorized to distribute a controlled substance. MCL 333.7531(2). See M Crim JI 12.4a.
1 Licensee is not defined by Article 7 of the PHC, see Section 4.2 for a discussion of this term.
2 MCL 333.7331 provides:
“(1) Only a practitioner who holds a license under [Article 7 of the PHC] to prescribe or dispense controlled substances may purchase from a licensed manufacturer or distributor a schedule 1 or 2 controlled substance. The authority granted under this subsection to purchase a schedule 1 or 2 controlled substance is not assignable or transferable.
(2) A purchase of a schedule 1 or 2 controlled substance under subsection (1) shall be made only pursuant to an order form which is in compliance with federal law.”
3 For a more detailed discussion of authorization as a defense, see Chapter 7.