Bill
HB 4167
Adds xylazine offenses to Michigan sentencing guidelines, assigning explicit guideline classifications for delivery, possession, fraud, and related acts.
Status / Procedural history
- Bill introduced in 2025 (filed March 5–10, 2025 depending on source entries); primary sponsor listed as Rep. Kevin Schmidt. Referred to committee (Judiciary and/or Agriculture & Livestock in different entries). The bill text indicates it is an amendment to section 13m, chapter XVII of the Michigan Code of Criminal Procedure (MCL 777.13m).
- The amendatory act is explicitly conditional: it “does not take effect unless House Bill No. 4166 … is enacted into law.”
Purpose and intent
- Add specific entries for xylazine-related offenses into the sentencing-guidelines listing in MCL 777.13m so that Michigan’s sentencing grid explicitly covers delivery/manufacture, possession, fraudulent obtaining, and related offenses involving xylazine and items facilitating its illicit use.
- The intent is to provide explicit sentencing classifications and consistent guideline treatment for offenses involving xylazine, a drug increasingly encountered in illicit drug markets and associated public-health harms.
Key provisions / substantive changes
- Amends section 13m of chapter XVII (MCL 777.13m) to enumerate several felonies from chapter 333 (Controlled Substances) that involve xylazine. Included offense references (by MCL section) in the bill text include, among others:
- 333.7401(2)(g) — Delivery or manufacture of xylazine for illicit use (listed as Class E controlled-substance offense in the bill table).
- 333.7403(2)(f) — Possession of xylazine (listed as a controlled-substance offense).
- 333.7403a(4)(b) — Fraudulently obtaining xylazine for illicit use.
- 333.7455(1)(a) — Selling or offering to sell certain objects intended for illicit use of xylazine.
- These offenses are inserted into the statutory sentencing-guidelines table that lists felony offenses, their class, and maximum statutory penalties so judges and practitioners can apply the guidelines consistently.
Who would be affected
- Defendants prosecuted for xylazine-related offenses in Michigan (delivery/manufacture, possession, fraudulent procurement, and selling objects for illicit xylazine use).
- Judges who sentence those defendants — they would have explicit guideline placements to consult.
- Prosecutors, defense attorneys, probation departments, and corrections officials (because guideline placement influences recommended sentence ranges, disposition decisions, and post-conviction supervision).
- Indirectly, public-health and treatment providers may see impacts if guideline changes alter incarceration/treatment patterns.
Practical impact and considerations
- The bill does not itself change statutory maximum penalties; it places xylazine offenses within the established sentencing-guideline framework to encourage consistent sentencing.
- Because enactment is contingent on passage of HB 4166, the change would not take effect unless the companion/related legislation becomes law.
- The bill text filed contains multiple entries and cross-references to chapter 333 offenses; practitioners should consult the final enrolled language and any implementing guidance for precise guideline scorepoints and ranges.
Notes
- The legislative text provided includes some extraneous material from other jurisdictions/versions; this summary focuses on the Michigan amendment to MCL 777.13m regarding xylazine sentencing-guideline listings.
Compiled from official sources — confirm details with the bill’s official record.
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