MCLA 333.7411 POSSESSION OF MARIJUANA
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.7411 Probation of individual with no previous conviction;
entering adjudication of guilt upon violation of probation; discharge and
dismissal without adjudication of guilt; nonpublic record of arrest and
discharge and dismissal; effect of civil fine for first violation; requiring
individual to attend course of instruction or rehabilitation program; failure
to complete instruction or program as violation of probation; screening and
assessment; participation in rehabilitative programs; payment of costs; failure
to complete program as violation of probation.
Sec. 7411.
(1) When an individual who has not previously been convicted of
an offense under this article or under any statute of the United States or of
any state relating to narcotic drugs, coca leaves, marihuana, or stimulant,
depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of
possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b),
(c), or (d), or of use of a controlled substance under section 7404, or
possession or use of an imitation controlled substance under section 7341 for a
second time, the court, without entering a judgment of guilt with the consent
of the accused, may defer further proceedings and place the individual on
probation upon terms and conditions that shall include, but are not limited to,
payment of a probation supervision fee as prescribed in section 3c of chapter
XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and
conditions of probation may include participation in a drug treatment court
under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL
600.1060 to 600.1082. Upon violation of a term or condition, the court may
enter an adjudication of guilt and proceed as otherwise provided. Upon
fulfillment of the terms and conditions, the court shall discharge the
individual and dismiss the proceedings. Discharge and dismissal under this
section shall be without adjudication of guilt and, except as provided in
subsection (2)(b), is not a conviction for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon conviction of
a crime, including the additional penalties imposed for second or subsequent
convictions under section 7413. There may be only 1 discharge and dismissal
under this section as to an individual.
(2) The records and identifications division of the department
of state police shall retain a nonpublic record of an arrest and discharge or
dismissal under this section. This record shall be furnished to any or all of
the following:
(a) To a court, police agency, or office of a prosecuting
attorney upon request for the purpose of showing that a defendant in a criminal
action involving the possession or use of a controlled substance, or an
imitation controlled substance as defined in section 7341, covered in this
article has already once utilized this section.
(b) To a court, police agency, or prosecutor upon request for
the purpose of determining whether the defendant in a criminal action is
eligible for discharge and dismissal of proceedings by a drug treatment court
under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL
600.1076.
(c) To the state department of corrections, a law enforcement
agency, a court, or the office of a prosecuting attorney upon request of the
department, law enforcement agency, court, or office of a prosecuting attorney,
subject to all of the following conditions:
(i) At the time of the request, the individual is an employee of
the department, law enforcement agency, court, or office of prosecuting
attorney or an applicant for employment with the department, law enforcement
agency, court, or office of prosecuting attorney.
(ii) If the individual is an employee of the department, law
enforcement agency, court, or prosecuting attorney, the date on which the court
placed the individual on probation occurred after March 25, 2002.
(iii) The record shall be used by the department of corrections,
law enforcement agency, court, or prosecuting attorney only to determine
whether an employee has violated his or her conditions of employment or whether
an applicant meets criteria for employment.
(3) For purposes of this section, a person subjected to a civil
fine for a first violation of section 7341(4) shall not be considered to have
previously been convicted of an offense under this article.
(4) Except as provided in subsection (5), if an individual is
convicted of a violation of this article, other than a violation of section
7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of
the sentence, during the period of confinement or the period of probation, or
both, may require the individual to attend a course of instruction or
rehabilitation program approved by the department on the medical,
psychological, and social effects of the misuse of drugs. The court may order
the individual to pay a fee, as approved by the director, for the instruction
or program. Failure to complete the instruction or program shall be considered
a violation of the terms of probation.
(5) If an individual is convicted of a second violation of
section 7341(4), before imposing sentence under subsection (1), the court shall
order the person to undergo screening and assessment by a person or agency
designated by the office of substance abuse services, to determine whether the
person is likely to benefit from rehabilitative services, including alcohol or
drug education and alcohol or drug treatment programs. As part of the sentence
imposed under subsection (1), the court may order the person to participate in
and successfully complete 1 or more appropriate rehabilitative programs. The
person shall pay for the costs of the screening, assessment, and rehabilitative
services. Failure to complete a program shall be considered a violation of the
terms of the probation.
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