Criminal Justice (Drug Policy)

SB 430 updates Michigan's sentencing for drug offenses involving heroin and fentanyl. It specifically increases penalties for these substances by setting life imprisonment as the maximum sentence for possessing 1,000 grams or more of heroin, fentanyl, or their derivatives - previously capped at 30 years for other drugs. The bill maintains lower penalties for smaller amounts (e.g., 50-450 grams carries up to 20 years) and for other controlled substances not listed in the enhanced provisions. This directly affects individuals convicted of manufacturing, delivering, or possessing these specific drugs with intent to distribute. The changes align sentencing for heroin/fentanyl with the most severe penalties under existing law, reflecting updated guidelines for these dangerous opioids.

This bill creates a new felony offense for delivering Schedule 1 or 2 controlled substances (excluding marijuana) that causes serious injury. It defines "serious injury" as permanent disfigurement, loss of body function (like a limb or eye), coma lasting over 3 days, or measurable brain impairment. Violators face life imprisonment or any prison term. The law applies to people who illegally provide these drugs when the substance causes harm to the user or others.

HB 4948 modifies sentencing guidelines for retail sales of products containing ephedrine or pseudoephedrine, which are ingredients commonly found in cold medicines but can be misused to make illegal drugs like methamphetamine. The bill specifically targets retailers who sell these products, altering the legal penalties for violations related to such sales. It amends Michigan's criminal procedure code (MCL 777.13m) to adjust how courts handle these offenses. The bill is currently under review in the Judiciary Committee after being referred for second reading.

HB 4167 amends Michigan's sentencing guidelines to specifically address the illicit use of xylazine, a veterinary drug increasingly misused in illicit drug mixtures. The bill adds xylazine to the list of substances covered under sentencing guidelines (MCL 777.13m), meaning courts must now apply standardized sentencing ranges for convictions involving its unauthorized possession or use. This directly affects individuals convicted of xylazine-related offenses, including those using it alone or combined with other drugs. The change creates a clear, defined sentencing path for this specific offense, moving beyond general drug sentencing rules to address xylazine's growing public health impact. The bill was introduced on March 5, 2025, and referred to the Judiciary Committee.