Criminal Justice (Drug Policy)

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.

SB 463 removes criminal penalties and civil fines for minors (under 18) who purchase, possess, or use tobacco products, vapor products, or alternative nicotine products. The bill eliminates existing legal consequences for these minor offenses, shifting focus away from punishment. It directly affects underage individuals by ending enforcement of penalties under current law (MCL 722.642). The key provision is a "sunset" of these penalties, meaning they would no longer apply once the bill takes effect.

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.

SB 384 amends Michigan law to allow county jails with medically assisted treatment programs to have dispensing prescribers delegate the delivery of specific prescription drugs directly to inmates. It applies to inmates currently in jail or those being released, permitting delivery of up to a 30-day supply of medication for medically assisted treatment. The bill requires delivery to follow written protocols and specifies that only drugs associated with these treatment programs can be delivered this way. This change streamlines medication access without requiring on-site pharmacies in participating jails.

HB 5105 modifies Michigan's sentencing rules for marijuana possession offenses under the Public Health Code. It lowers penalties for most possession amounts, reclassifying some as misdemeanors (e.g., 1-5 kilograms or 50-100 plants becomes a misdemeanor punishable by up to 1 year in jail or a $20,000 fine). For larger amounts, it reduces maximum prison terms (e.g., 45+ kilograms now carries a max 10-year felony instead of 15 years). The bill directly affects individuals convicted of marijuana offenses under current law, altering sentencing based on quantity. It is pending in committee after introduction on October 22, 2025.

SB 432 expands probation eligibility for certain major controlled substances offenses (excluding heroin, fentanyl, carfentanil, and their derivatives) that were previously ineligible under Michigan law. It allows courts to delay sentencing for up to one year to enable defendants to participate in drug treatment programs, requiring the court to document the reason for the delay in writing. The bill establishes a monthly supervision fee of $30 (without electronic monitoring) or $60 (with monitoring), capped at 12 months, which can be paid in installments or waived for indigent individuals. This applies to adult defendants not subject to juvenile probation.