People v. Hartuniewicz

A jury convicted defendant Benjamin Alan Hartuniewicz of possession of ketamine, a schedule 3 controlled substance,1 in violation of MCL 333.7403(2)(b)(ii) of the controlled substances act (CSA), MCL 333.7101 et seq.2 Defendant argues that the prosecution failed to establish, as an element of the *239charged offense, that the ketamine was not “in a proportion or concentration to vitiate the potential for abuse,” because such diluted substances are “excluded” from the CSA by MCL 333.7227(1). We hold that the exclusion in MCL 333.7227(1) is not an element of a possession offense, but an affirmative…