AN ACT RELATING TO EDUCATION -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT INVESTMENT INITIATIVE

2025 Regular Session Introduced by Edith Ajello and 5 co-sponsors

Adds xylazine offenses to Michigan sentencing guidelines, ensuring sentences are calculated under the controlled-substance framework once HB 5834 is enacted.

04/23/2025 Committee recommended measure be held for further study

Purpose

HB 5835 makes complementary changes to Michigan’s Code of Criminal Procedure by adding xylazine-related offenses to the list of felonies in the state sentencing guidelines (MCL 777.13m). The change ensures xylazine offenses are scored and sentenced under the existing controlled-substance sentencing framework.

Key provisions

Adds specific xylazine offenses (from chapter 333 of the MCL) to the sentencing-guidelines statute (MCL 777.13m), with the following classifications:

333.7401(2)(g) — Delivery or manufacture of xylazine for illicit use: Class E controlled-substance felony.
333.7403(2)(f) — Possession of xylazine for illicit use: Class E controlled-substance felony.
333.7403a(4)(b) — Fraudulently obtaining xylazine for illicit use: Class E controlled-substance felony.
333.7407(1)(f) — Possession of a counterfeit prescription form (for xylazine): Class F controlled-substance felony.
333.7455(1)(a) — Sale or offer to sell certain objects used for illicit xylazine use: Class E controlled-substance felony.

Because these offenses are added to the sentencing-guidelines list, judges will apply the guidelines grid and offense/level scoring when imposing sentences for these crimes.

Penalties (statutory maxima)

Class E controlled-substance felony — statutory maximum typically up to 5 years’ imprisonment.

Class F controlled-substance felony — statutory maximum typically up to 4 years’ imprisonment. (Actual sentence lengths are determined under the sentencing guidelines using offense class, prior record, and scoring variables.)

Who is affected

Individuals who manufacture, deliver, possess (including possession with intent), or fraudulently obtain xylazine for illicit human use.

Persons in possession of counterfeit prescription forms or selling items intended to facilitate illicit xylazine use.

Courts and criminal-justice system actors, because the offenses will be incorporated into sentencing calculations.

Veterinary and legitimate pharmaceutical actors are addressed in companion HB 5834 (exemptions/authorized uses).

Context & procedural notes

HB 5835 is a companion to HB 5834, which creates the underlying criminal offenses and penalties for illicit xylazine use under the Public Health Code; HB 5835 cannot take effect unless HB 5834 is enacted.

Xylazine is an FDA‑regulated veterinary sedative not currently scheduled under federal law; several other states have added xylazine to their controlled-substance schedules.

Fiscal impact: described as indeterminate in House Fiscal Agency materials.

Legislative history (selected)

Introduced June 25, 2024 (Rep. Kelly Breen).

Reported favorably by Judiciary Committee (Dec. 2024).

Passed House Dec. 10, 2024 (roll call 403: 99–9); given immediate effect by the House.

Referred to Appropriations Jan. 22, 2025.

This bill is primarily technical/implementing: it integrates newly defined xylazine crimes (via HB 5834) into Michigan’s sentencing guidelines to standardize classification and sentencing.

Bill