Sec. 45.
(1) Offense variable 15 is aggravated controlled substance offenses. Score offense variable 15 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
| (a) The offense involved the manufacture, |
| creation, delivery, possession, or possession with |
| intent to manufacture, create, or deliver of 1,000 |
| or more grams of any mixture containing a controlled |
| substance classified in schedule 1 or 2 that is a |
| narcotic drug or a drug described in section |
| 7214(a)(iv)........................................... 100 points |
| (b) The offense involved the manufacture, |
| creation, delivery, possession, or possession with |
| intent to manufacture, create, or deliver of 450 |
| grams or more but less than 1,000 grams of any |
| mixture containing a controlled substance classified |
| in schedule 1 or 2 that is a narcotic drug or a drug |
| described in section 7214(a)(iv)...................... 75 points |
| (c) The offense involved the manufacture, |
| creation, delivery, possession, or possession with |
| intent to manufacture, create, or deliver of 50 or |
| more grams but less than 450 grams of any mixture |
| containing a controlled substance classified in |
| schedule 1 or 2 that is a narcotic drug or a drug |
| described in section 7214(a)(iv)...................... 50 points |
| (d) The offense involved traveling from another |
| state or country to this state while in possession of |
| any mixture containing a controlled substance classified |
| in schedule 1 or 2 that is a narcotic drug or a drug |
| described in section 7212 or 7214 with the intent to |
| deliver that mixture in this state..................... 50 points |
| (e) The offense involved the sale or delivery |
| of a controlled substance other than marihuana or a |
| mixture containing a controlled substance other than |
| marihuana by the offender who was 18 years of age or |
| older to a minor who was 3 or more years younger than |
| the offender........................................... 25 points |
| (f) The offense involved the sale, delivery, |
| or possession with intent to sell or deliver 45 |
| kilograms or more of marihuana or 200 or more of |
| marihuana plants....................................... 10 points |
| (g) The offense is a violation of section |
| 7401(2)(a)(i) to (iii) pertaining to a controlled |
| substance classified in schedule 1 or 2 that is a |
| narcotic drug or a drug described in section 7214(a)(iv) |
| and was committed in a minor's abode, settled home, |
| or domicile, regardless of whether the minor was |
| present................................................ 10 points |
| (h) The offense involved the delivery or |
| possession with intent to deliver marihuana or any |
| other controlled substance or a counterfeit controlled |
| substance or possession of controlled substances or |
| counterfeit controlled substances having a value or |
| under such circumstances as to indicate trafficking.... 5 points |
| (i) The offense was not an offense described |
| in subdivisions (a) through (h)........................ 0 points |
(2) As used in this section:
(a) "Deliver" means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.
(b) "Minor" means an individual 17 years of age or less.
(c) "Trafficking" means the sale or delivery of controlled substances or counterfeit controlled substances on a continuing basis to 1 or more other individuals for further distribution.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2002, Act 666, Eff. Mar. 1, 2003 ;-- Am. 2013, Act 203, Eff. Mar. 19, 2014
Last modified: October 10, 2016