§ 74-309. Probation of individual with no previous conviction.

(a)

When an individual who has not previously been convicted of an offense under section 74-301 or under any law of the United States or of any state or any ordinance of a local unit of government relating to narcotic drugs, coca leaves, marijuana, stimulant, depressant, or hallucinogenic drugs, pleads guilty to possession or use of a controlled substance under section 74-301, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision program, community service, fines and costs and all other conditions determined by the court. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in subsection (b)(2), is not a conviction for purposes of this section. An individual is not eligible for adjudication under this section if the individual has previously received a dismissal under this section, MCL 333.7411, or any other statute or ordinance for a controlled substance offense.

(b)

The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:

(1)

To a court, police agency, or prosecuting attorney upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance has already once utilized this section for a dismissal of a controlled substance offense.

(2)

To a court, police agency, or prosecuting attorney upon request for the purpose of determining whether the defendant in a subsequent criminal action is eligible for discharge and dismissal of proceedings.

(Ord. No. 1959, 4-7-08)

Editor's note

Ord. No. 1959, adopted April 7, 2008, enacted provisions intended for use as subsections (1) and (2). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (a) and (b).