HB 5138 Summary

• Amends the criminal sentencing guidelines in the Code of Criminal Procedure to add new offense categories for heroin, fentanyl, and carfentanil delivery and manufacture.

• Creates four new felony classifications under MCL 333.7401(2)(g) and (h) based on drug quantity: delivery/manufacture of 1,000+ grams (Class A, life sentence); 450-999 grams (Class A, 30 years); 50-449 grams (Class A or B, 20 years); and less than 50 grams (Class B or D, 20 or 10 years).

• Reduces sentencing guidelines for certain other controlled substance offenses: Class A delivery of 1,000+ grams (reduced from life to 30 years); Class A delivery of 450-999 grams (reduced from 30 to 20 years); and Class D delivery of less than 50 grams (reduced from 20 to 10 years).

• Modifies 333.7407(1)(f) to change the offense description from "disclosing or obtaining prescription information" to "possession of a counterfeit prescription form."

• Becomes effective 90 days after enactment and is contingent on House Bill 5137 being enacted into law.