2.6Controlled Substance, Gamma-Butyrolactone (GBL), MDMA/Ecstasy, or Methamphetamine – Possession, Delivery, or Possession with Intent to Deliver to a Minor in a Park
“(1) An individual 18 years of age or over who does any of the following may be punished by a term of imprisonment of not more than 2 years:
(a) Violates [MCL 333.7401(2)(a)(iv)1 or MCL 333.7401(2)(b)(i)2 or MCL 333.7401b3] by delivering a controlled substance or [GBL] to a minor who is in a public park or private park or within 1,000 feet of a public park or private park.
(b) Violates [MCL 333.7401(2)(a)(iv) or MCL 333.7401(2)(b)(i) or MCL 333.7401b] by possessing with intent to deliver a controlled substance or [GBL] to a minor who is in a public park or private park or within 1,000 feet of a public park or private park.
(c) Violates [MCL 333.7403(2)(a)(v), MCL 333.7403(2)(b), MCL 333.7403(2)(c), or MCL 333.7403(2)(d)4] or [MCL 333.7401b] by possessing a controlled substance or [GBL] in a public park or private park.
(d) Violates [MCL 333.7401c5] within 1,000 feet of a public park or private park.” MCL 333.7410a(1).
B.Relevant Jury Instructions6
•M Crim JI 12.2 addresses the unlawful delivery of a controlled substance.
•M Crim JI 12.3 addresses the unlawful possession of a controlled substance with the intent to deliver.
•M Crim JI 12.7 defines possession.
Violation of MCL 333.7410a(1) is punishable by a term of imprisonment for not more than two years. MCL 333.7410a(1).
“The term of imprisonment authorized under [MCL 333.7410a(1)] is in addition to the term of imprisonment authorized for the violation of [MCL 333.7401(2)(a)(iv), MCL 333.7401(2)(b)(i), MCL 333.7401b, MCL 333.7401c, MCL 333.7403(2)(a)(v), MCL 333.7403(2)(b), MCL 333.7403(2)(c), or MCL 333.7403(2)(d)].” MCL 333.7410a(2).
Under the Methamphetamine Abuse Reporting Act, MCL 28.121 et seq., the department must notify NADDI of convictions upon notification by a court7 that an individual has been convicted of a methamphetamine-related offense. If the violation of MCL 333.7410a involves methamphetamine, MCL 333.7410a is a methamphetamine-related offense. MCL 28.122(b)(i). For more information on the Methamphetamine Abuse Reporting Act, see Section 1.6.
1 MCL 333.7401(2)(a)(iv) addresses schedule 1 or 2 narcotic drugs or substances described in MCL 333.7214(a)(iv) (cocaine-related substances), in quantities less than 50 grams, and mixtures less than 50 grams containing the same substances.
2 MCL 333.7401(2)(b)(i) addresses 3,4-methylenedioxymethamphetamine (MDMA/ecstasy), MCL 333.7212(1)(h), and methamphetamine, including its salts, stereoisomers, and salts of stereoisomers, MCL 333.7214(c)(ii).
3 MCL 333.7401b addresses GBL or any material, compound, mixture, or preparation containing GBL.
4 MCL 333.7403(2)(a)(v) addresses mixtures of schedule 1 or 2 narcotic drugs or substances described in MCL 333.7214(a)(iv) (cocaine-related substances), in quantities less than 25 grams; MCL 333.7403(2)(b) addresses 3,4-methylenedioxymethamphetamine (MDMA/ecstasy), MCL 333.7212(1)(h), any substance containing methamphetamine, including its salts, stereoisomers, and salts of stereoisomers, MCL 333.7214(c)(ii), and schedule 1-4 substances that are not specifically addressed by MCL 333.7403(2)(a); MCL 333.7403(2)(c) addresses schedule 5 controlled substances and lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, and psilocybin; and MCL 333.7403(2)(d) addresses marijuana.
5 MCL 333.7401c addresses locations and materials used for the manufacture of controlled substances.
6 Note that M Crim JI 12.2 and M Crim JI 12.3 apply to controlled substances and do not specifically reference GBL.
7 See e.g., MCL 333.7340c(3), as added by 2014 PA 217, effective January 1, 2015, which requires the court to report to the state police when a person is convicted under MCL 333.7340c (soliciting another person to purchase/obtain ephedrine or pseudoephedrine knowing that it is to be used in the illegal manufacture of methamphetamine).