管制药物使用的法例

A. 联邦法律和处罚

The Federal Government prohibits the 制造, 分布, dispensation and possession of controlled substances unless specifically permitted by statute.

The government categorizes controlled substances according to Schedules I through V. Schedule I drugs have a high potential for ab使用, with no accepted medical 使用.

附表一药物包括, 但不限于, 海洛因, 大麻, 大麻, LSD和其他致幻剂.

Schedule II drugs have a high potential for ab使用, 但有些医疗用途, 包括鸦片, 吗啡, 可待因, 巴比妥酸盐, 可卡因及其衍生物, 安非他明, phencyclidine (PCP) and other narcotics.

安排第三, Schedule IV and Schedule V drugs have some potential for ab使用, but less than Schedule I and II drugs, with 安排第三 drugs having the most potential for ab使用 and Schedule V the least. 安排第三, IV and V drugs include chloral hydrate (IV), 若干巴比妥类药物(III及IV), 苯并二嗪(IV), 苯乙哌啶酮(3), other depressants and narcotics (III and IV), 安非他明 (III) and other stimulants (III and IV).

A complete listing of controlled substances and their classifications is contained in Title 21 of the United States Code at Section 812. Penalties for the unauthorized possession, 制造, 出售, 分布 or delivery of drugs varies according to the type and quality of drug, the existence of prior offenses and whether death or serious injury results from the drug involved.

The federal penalty for the 制造, 出售 or 分布 of small amounts of Schedule I and II drugs, 初犯, is from five to 40 years imprisonment and/or not more than a two million dollar fine for an individual (where death or serious injury occurs, not less than 20 years imprisonment and not more than life imprisonment); for a second offense, not less than 10 years imprisonment and not more than life and/or a fine of not less than four million dollars for an individual (where death or serious injury occurs, 不少于终身监禁).

Penalties are doubled in many cases for the 制造, 出售 or 分布 of larger amounts of Schedule I and II drugs. The federal penalty for the 制造, 分布 or 出售 of 安排第三, IV and V drugs of any quantity is: 安排第三 Drug: not more than five years imprisonment and/or a $250,000.00 fine for a first offense; penalty is doubled for a second offense. Schedule IV Drug: not more than three years imprisonment and/or a $250,000.00 fine for a first offense; penalty is doubled for a second offense. Schedule V Drug: not more than one year imprisonment and/or a $100,000.00 fine; penalty is doubled for a second offense.

Federal law provides separate penalties for the 制造, 出售 or 分布 of 大麻, 大麻, 或者它们的导数. Penalties vary according to the quantity involved, 前科前科前科的存在, and whether death or serious injury results. For a first offense involving small amounts (less than 50 kilograms of 大麻; less than 10 kilograms of 大麻), the penalty includes not more than five years imprisonment and/or a $250,000.个人罚款00英镑. Penalties are doubled for second offenses. For larger quantities (between 50-100 kilograms 大麻; between 10-100 kilograms 大麻), the penalty includes not more than 20 years imprisonment and/or a fine of one million dollars. Penalties are increased for second offenses. Where death or serious injury results, penalties are increased to include not less than 20 years imprisonment and not more than life for a first-time offender; not less than life for a second-time offender.

除了制造, 分布 or 出售 of controlled substances, federal law prohibits unauthorized possession of controlled substances. Penalties for simple possession include up to one year imprisonment and/or at least a $1,000.罚款100美元(但不超过1万美元).00) for a first offense; up to two years imprisonment and/or at least a $2,500.罚款100美元(但不超过25万美元).00) for a second offense; up to three years imprisonment and/or at least a $5,000.罚款100美元(但不超过25万美元).00)以后的违法行为. Special sentencing provisions apply to the possession of crack cocaine. Special federal penalties apply to the 出售 or 分布 of controlled substances to persons under age 21 or within 1,000英尺的学校, 学院或大学物业.

B. 密歇根州毒品法和处罚

Federal law prohibiting 大麻 preempts state laws attempting to legalize the drug. 拥有, 使用, and 分布 of 大麻 is still illegal and subject to prosecution under federal law, regardless of what state laws permits, and regardless of whether the federal government chooses to actively enforce federal law in those states that have legalized recreational 大麻 使用.