(A)
No person shall knowingly or intentionally possess, sell, offer for sale, deliver, distribute, administer, dispense, prescribe or give away any narcotic drug or other controlled substance, analogue or prescription form, as defined in Public Act 368 of 1978, as amended, being M.C.L.A. §§ 333.7101 et seq. However, the provisions of this section restricting the possession of any controlled substance, empty gelatin capsule or hypodermic syringe, needle or other implement or instrument adapted to the use of such a substance by means of subcutaneous injection, or intracutaneous injection or any other manner or method of introduction shall not apply to common carriers or warehousemen or their employees engaged in the lawful transportation or storage of such controlled substances, syringes, needles or capsules, or to public officers or employees while engaged in the performance of their official duties, or to temporary incidental possession on the part of the employees or agents of persons lawfully entitled to possession. This section does not apply to any person who possesses a controlled substance, narcotic drug, a controlled substance analogue, or a prescription form if these items were obtained directly from, or pursuant to, a valid prescription order of a practitioner (as defined by the State of Michigan Public Health Code) while acting in the course of the practitioner's professional practice or if otherwise authorized by law.
(B) When any person who has not previously been convicted under division (A) above or under any statute of the United States, or state law, or municipal ordinance relating to possession or use of the substances as defined above, pleads guilty to or is found guilty of violating division (A) above, the court, without entering a judgment of guilt and with the consent of the accused person, may defer further proceedings and place the accused person on probation upon certain terms and conditions, including therein such requirement that the accused person attend courses of instruction or rehabilitation on the medical, psychological and social effects of the misuse of drugs and/or the substances defined above. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as the court determines. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for the purposes of disqualifications or disabilities imposed by law upon the conviction of a crime. There may be only one discharge and dismissal under division (A) above with respect to any person. The Police Department shall retain a non-public record of an arrest and discharge or dismissal under this division (B). This record shall be furnished to any court or police agency upon request for the purpose of showing that a defendant in a criminal action involving possession or use of the substances defined above has already once availed himself or herself of the provisions of this division (B).
(Prior Code, § 25-136) (Ord. 1410, passed 5-11-2015; Ord. 1525, passed 6-27-2022)
Penalty, see § 155.999