Michigan House Bill HB5105

Michigan 2025-2026 Regular Session

• Introduced: 10/22/25
• Refer: 10/22/25

Caption

Crimes: penalties; penalties regarding certain crimes involving marihuana; modify. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401). TIE BAR WITH: HB 5107'25

Summary

HB 5105 amends Michigan’s Public Health Code section 7401, which sets criminal penalties for manufacturing, delivering, or possessing with intent to manufacture or deliver controlled substances and prescription-related offenses. The bill’s main change is to revise the marihuana penalty thresholds in that section, substantially increasing the quantities of marihuana, marihuana plants, and marihuana concentrate required to trigger the existing felony and misdemeanor penalty tiers. In effect, conduct involving larger amounts of marihuana would be treated less severely than under current law, while the structure of the controlled-substance penalties for other schedules remains largely unchanged. The bill also retains the existing penalties for other controlled substances, prescription forms, and counterfeit prescription forms, and it keeps the provision allowing certain imprisonment terms to run consecutively with other felony sentences. It preserves the special resentencing/probation discharge language for individuals sentenced under the prior lifetime-probation provision and keeps the statutory definition of “plant” for marihuana offenses. The bill is tie-barred to HB 5107, meaning it would not take effect unless that related bill is also enacted.

Impact

HB 5105 would amend MCL 333.7401 in the Michigan Public Health Code by raising the marihuana quantity thresholds associated with felony and misdemeanor penalties. This would reduce the severity of punishment for some marihuana-related offenses by requiring larger amounts before the higher penalty tiers apply, while leaving the broader controlled-substance penalty framework intact. The bill affects prosecutors, courts, defendants, and others charged under Michigan’s drug-trafficking and marihuana-possession/manufacturing laws.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, support, or opposition in the available materials. Based on the bill text alone, the measure appears to be a targeted criminal-justice and marihuana-penalty reform proposal rather than a broad rewrite of drug law. The tie-bar to HB 5107 suggests it is part of a coordinated legislative package.

Contention

The likely point of contention is the bill’s reduction in marihuana penalty severity, which may be viewed by supporters as a proportional update to drug sentencing and by opponents as too lenient toward large-scale marihuana activity. Another possible issue is the bill’s interaction with existing drug-enforcement policy, since it changes the thresholds for felony exposure without altering the penalties for other controlled substances. Because no hearing or vote record is available, the specific positions of legislators, law enforcement, prosecutors, or reform advocates are not documented here.