The word “narcotics” has special meaning in criminal law, although this may come as a surprise to some attorneys. It turns out the term applies to a limited class of drugs (most opium-based) and it has the potential to determine maximum penalty for a crime and the scoring of the sentencing guidelines.

First, let’s start with a more common understanding of the term “narcotics.” In a general sense, it refers to illegal drugs, and many times the police and even judges will refer to “narcotics” in this way. Dictionaries often provide a similar definition of “narcotics,” although usually as a secondary meaning.¹ 

Technically speaking, “narcotics” refers to a class of controlled substances that tend to relieve pain and cause dullness of the senses and drowsiness. The Court of Appeals tackled this distinction in 2017 and concluded that “all narcotics are drugs, but not all drugs are narcotics.”² The Court relied on two dictionary definitions, both of which defined “narcotics” as a drug that when used in moderation “ ‘dulls the senses, relieves pain, and induces profound sleep,’ ” or “ ‘produces stupor, insensibility, or profound sleep.’ ”³ Black’s Law Dictionary gives a similar definition: “an addictive drug, esp. an opiate, that dulls the senses and induces sleep.”⁴

This more specific meaning appears to be the one used in Michigan’s controlled substance statutes. A “narcotic drug” is defined to include opium and opiates, as well as most synthetic and semi-synthetic versions:

“Narcotic drug” means 1 or more of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. 

b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (a), but not including the is quinoline alkaloids of opium.⁵

Opium and opiates, of course, are well known for their role in managing pain and their common side effects of drowsiness and euphoria.⁶ 

Why is the statutory definition of “narcotic” or “narcotic drug” important when it comes to criminal penalties and scoring the sentencing guidelines? Because the statutory definition appears to exclude substances that are stimulants, depressants, hallucinogens and psychedelics. That means substances such as methamphetamine, cocaine, LSD, and MDMA/Ecstasy are not considered narcotics under Michigan law (but more about cocaine in a moment).

If you look at the penalty provisions for the most serious drug offenses in Michigan, you can see that although weight determines penalty, there is also a distinction between narcotic drugs and non-narcotic drugs (with a big exception for cocaine). For delivery and possession with intent to deliver or manufacture, “A person who violates this section as to (a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) [cocaine] . . . is guilty of a felony punishably by . . .”⁷ The same language is found in the possession statute: “A person who violates this section as to (a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) [cocaine] . . . is guilty of a felony punishable by . . .”⁸ Similar language is found in the use statute, although there is no weight requirement, there are some additional non-narcotic drugs in the mix, and the crime is a misdemeanor: “A person who violates this section as to . . . (a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7212(1)(h) [Ecstasy or MDMA] or section 7214(a)(iv) or (c)(ii) [cocaine or methamphetamine] is guilty of a misdemeanor punishable by . . .”⁹ 

The difference between narcotic drugs and most other non-narcotic drugs also plays out in the scoring of the sentencing guidelines. Narcotic drugs, in addition to the stimulant cocaine, account for the highest number of points under Offense Variable 15:

Sec. 45. (1) Offense variable 15 is aggravated controlled substance offenses. Score offense variable 15 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

a) The offense involved the manufacture, creation, delivery, or possession with intent to manufacture, create, or deliver of 1,000 grams of any mixture of a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) | 100 points

b)  The offense involved the manufacture, creation, delivery, or possession with intent to manufacture, create, or deliver of 450 grams or more but less than 1,000 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) | 75 points 

c) The offense involved the manufacture, creation, delivery, or possession with intent to manufacture, create, or deliver of 50 or more grams but less than 450 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) | 50 points

d) The offense involved traveling from another state or country to this state while in possession of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7212 or 7214 with intent to deliver the mixture in this state | 50 points

e) The offense involved the sale or delivery of a controlled substance other than marihuana or a mixture of a controlled substance other than marihuana by the offender who was 18 years of age or older to a minor who was 3 or more years younger than the offender | 25 points

f) The offense involved the sale, delivery, or possession with intent to sell or deliver 45 kilograms or more of marihuana or 200 or more of marihuana plants | 10 points

g) The offense is a violation of section 7401(2)((a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) and was committed in a minor’s abode, settled home or domicile, regardless of whether the minor was present | 10 points

h) The offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or counterfeit controlled substances having a value or under such circumstances as to indicate trafficking | 5 points

i) The offense was not an offense described in subdivisions (a) through (h) | 0 points

MCL 777.45 (emphasis added).]

Now look again at Offense Variable 15. This time, look at subsection (1)(d) and note the references to “section 7212” and “section 7214.” This relates to the 50-point category for drugs brought into Michigan with intent to deliver. The reference to section 7212 is a reference to schedule 1 drugs, and the reference to section 7214 is a reference to schedule 2 drugs. In other words, the 50-point category for transporting drugs into the state broadly encompasses all schedule 1 and 2 drugs, whether they are narcotics, stimulants, depressants, hallucinogens, psychedelics or something else.

At this point, you may be wondering about the difference between schedule 1 and 2 drugs. Are the drugs in one schedule more dangerous than the other? The answer is yes, at least in some circumstances. The primary difference between the two schedules has to do with recognized medical use. A schedule 1 drug “has high potential for abuse and no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.”¹⁰ A schedule 2 drug has “high potential for abuse [,]” “may lead to severe psychic or physical dependence, [”] and “has currently accepted medical use in treatment in the United States or currently accepted medical use with several restrictions.”¹¹

For drunk or impaired driving purposes, it turns out that schedule 1 drugs are treated somewhat more severely under Michigan law. Take a look at the intoxicated driving statute¹² and Offense Variable 18 (Operator ability affected by alcohol or drugs)¹³ when it comes to operation of a vehicle with any amount of a controlled substance in the body. In both settings, the controlled substance must be a schedule 1 substance or, alternatively, cocaine. It cannot be another drug. (For more on this, see the column in the September 2025 issue.)

Now, test your knowledge by looking at the following schedule 1 and 2 drugs to see if you can identify which substances are narcotics and which are not:

Now, test your knowledge by looking at the following schedule 1 and 2 drugs to see if you can identify which substances are narcotics and which are not: 

Schedule 1 Schedule 2

Heroin Opium (most forms)

LSD Cocaine

Psilocybin Fentanyl

Mescaline Oxycodone (OxyContin)

Peyote Codeine

Ecstasy/MDMA Morphine

Methamphetamine

Hydrocodone (Vicodin)

Did you find yourself thinking about pain relief or drowsiness? The narcotics are: heroin, opium, fentanyl, oxycodone (OxyContin), codeine, morphine, and hydrocodone (Vicodin).¹⁴ Cocaine, on the other hand, is a stimulant, not a narcotic drug. Yet the legislature expressly included it with the narcotic drugs for high-level penalty purposes and for scoring OV 15. (It is also included in the definition of “narcotic drug” under federal law.¹⁵)

The substances that are not narcotics: hallucinogens and psychedelics such as LSD, Psilocybin, MDMA/Ecstasy, Peyote and Mescaline. Also in the mix are methamphetamine and amphetamine (both stimulants). If this all seems rather confusing, keep in mind that the highly-addictive or highly abused opiates (whether naturally derived or synthetic) are narcotics and that they, as well as the non-narcotic cocaine, account for the highest penalties under Michigan law.

In sum, there are important distinctions between schedule 1 and 2 drugs as well as narcotic and non-narcotic drugs when it comes to penalty provisions and scoring the sentencing guidelines. Prosecutors with charging responsibility will likely know this, but it may come as a surprise to some attorneys and judges. For lawyering par extraordinaire, remember that opium, opiates and their synthetic equivalents, as well as cocaine, share the highest penalties in Michigan.

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