(dissenting). This case presents a question concerning the scope of the habitual offender sections of the Code of Criminal Procedure. The circuit court and the Court of Appeals permitted the prosecution of the defendants as habitual offenders, but the clear language of the statute compels a contrary result. Accordingly, I *276would vacate the defendants’ convictions and enhanced sentences as habitual offenders, and remand to the circuit court for resentencing.
i
Within the Code of Criminal Procedure1 are the habitual offender sections.2 Their purpose is to provide augmented punishment for habitual criminals.3
In addition to the general provisions regarding habitual offenders, several sections of the Penal Code4 provide either that a repeat offender receive enhanced punishment or that such a person be guilty of a higher offense.5 In addition, the Public Health Code6 states that persons previously convicted of controlled substance offenses, who later are convicted of a second or subsequent controlled substance violation, are to be given enhanced punishment. MCL 333.7413; MSA 14.15(7413).7_
*277The question arises whether the general habitual offender provisions can be combined with the specific provisions regarding persons who repeat particular offenses. In general, such combination is not an improper form of double enhancement. For example, in People v Bewersdorf, 438 Mich 55; 475 NW2d 231 (1991), this Court held that the general habitual offender provisions could be applied to persons who were convicted of operating a motor vehicle under the influence of intoxicating liquor, third offense.8 This outcome was reached even though ouiL-3d is a felony only because the ouil statute elevates a third offense from a misdemeanor to a felony.
With regard to the issue before us today, the key *278language is in paragraph (l)(c) of the habitual offender provisions.9 That paragraph states:
If the subsequent felony is a major controlled substance offense,[10] the person shall be punished as provided by part 74 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7401 to 333.7415 of the Michigan Compiled Laws.
This passage was noted in Bewersdorf, where we contrasted it with the Legislature’s treatment of ouiL-3d offenders:
Our conclusion that the Legislature intended that the habitual offender act applied to ouil felonies, even though the underlying felony is itself an ouil offense, is supported by 1978 PA 77, which amended the habitual offender statute to exempt from its application certain major controlled substance offenses controlled by other provisions of law. See People v Elmore, 94 Mich App 304, 306, n 1; 288 NW2d 416 (1979), and People v Staples, 100 Mich App 19, 23; 299 NW2d 1 (1980).
Obviously, the Legislature has demonstrated that when it intends to do so, it is capable of excluding a particular category of felonies from the sentence enhancement provisions of the habitual offender act. That the Legislature has not seen fit to write in a similar exception for ouil convictions, although it has had numerous opportunities to do so, provides reinforcement, we believe, for our finding that the Legislature intended the habitual offender statute to apply to ouil felonies. [.Bewersdorf, 438 Mich 71-72][11]
*279In the past, the Court of Appeals has reached divided outcomes with regard to this issue.12 However, as we explained in Bewersdorf, the language of paragraph (l)(c) of the habitual offender sections is clear. In such an instance, our obligation is simply to apply the law as enacted by the Legislature. As we have stated on many occasions, a court may not substitute a judicial construction or interpretation for a clear and unambiguous statute. Lorencz v Ford Motor Co, 439 Mich 370, 376; 483 NW2d 844 (1992).
*280Though defendant Primer has three prior offenses, he is not subject to enhanced punishment. The habitual offender section is inapplicable because he has been convicted of a major controlled substance offense. And there is no enhanced punishment in part 74 of the Public Health Code, because this is only the defendant’s first conviction for a controlled substance offense. Similarly, defendant Hegwood is not subject to an enhanced pun-ishmént under either the habitual offender statute or the Public Health Code. While the outcomes may seem incongruous, it is required by the clear and unambiguous statutory language chosen by the Legislature.
For the foregoing reasons, I would vacate the defendants’ convictions as habitual offenders and remand to the circuit court for resentencing.
Brickley and Griffin, JJ., concurred with Cavanagh, C.J.MCL 760.1 et seq.; MSA 28.841 et seq.
MCL 769.10 et seq.; MSA 28.1082 et seq.
People v Bewersdorf, 438 Mich 55, 67; 475 NW2d 231 (1991); Wayne Co Prosecutor v Recorder’s Court Judge, 406 Mich 374, 389-390; 280 NW2d 793 (1979), reh den 406 Mich 1127 (1979), app dis sub nom Brintley v Michigan, 444 US 948 (1979); People v Hendrick, 398 Mich 410, 416-417; 247 NW2d 840 (1976); People v Shotwell, 352 Mich 42, 46; 88 NW2d 313 (1958), cert den 356 US 976 (1958). For the history of these provisions, see People v Preuss, 436 Mich 714; 461 NW2d 703 (1990).
MCL 750.1 et seq.; MSA 28.191 et seq.
See, e.g., MCL 750.520f; MSA 28.788(6) (criminal sexual conduct), MCL 750.227b(l); MSA 28.424(2)(1) (possession of a firearm during the commission of a felony), MCL 257.625(5), (6); MSA 9.2325(5), (6) (driving a motor vehicle under the influence of intoxicating liquor or controlled substance), and MCL 750.356c(2); MSA 28.588(3)(2) (retail fraud).
MCL 333.1101 et seq.; MSA 14.15(1101) et seq.
(1) An individual who was convicted previously for a violation of any of the following offenses and is thereafter convicted of a second or subsequent violation of any of the following offenses shall be imprisoned for life and shall not be eligible for probation, suspension of sentence, or parole during that mandatory term:
*277(a) A violation of section 7401(2)(a)(ii) or (iii).
(b) A violation of section 7403(2)(a)(ii) or (iii).
(c) Conspiracy to commit an offense proscribed by section 7401(2)(a)(ii) or (iii) or section 7403(2)(a)(ii) or (iii).
(2) Except as otherwise provided in subsections (1) and (3), an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not more than twice that otherwise authorized, or both.
(3) An individual convicted of a second or subsequent offense under section 7410(2) or (3) shall be punished, subject to subsection (4), by a term of imprisonment of not less than 5 years nor more than twice that authorized under section 7410(2) or (3) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7410(2) or (3); and shall not be eligible for probation or suspension of sentence during the term of imprisonment.
(4) The court may depart from the minimum term of imprisonment authorized under subsection (3) if the court finds on the record that there are substantial and compelling reasons to do so.
(5) For purposes of subsection (2), an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under this article or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug.
MCL 257.625(6); MSA 9.2325(6).
MCL 769.10(l)(c), 769.11(l)(c), 769.12(l)(c); MSA 28.1082(l)(c), 28.1083(l)(c), 28.1084(l)(c).
Both defendants pleaded guilty to "major controlled substance offenses.” MCL 761.2(a); MSA 28.843(12)(a).
Bewersdorf is not alone in advancing this position. In Justice Levin’s dissent in People v Eason, 435 Mich 228, 304-305; 458 NW2d 17 (1990), he similarly expressed this view:
*279I acknowledge that the habitual offender provisions now state that where the defendant’s most recent conviction is a "major controlled substance offense,” the defendant "shall be punished as provided by” the controlled substances article of the Public Health Code. I would construe those provisions as evidencing a legislative intent to assure that the quantity and quality of a defendant’s punishment . . . are governed by the controlled substances laws and not by the general habitual offender provisions. In this regard, it is significant that the Legislature first "excluded” major controlled substance offenses from the habitual offender provisions at the same time it first adopted mandatory minimum terms of imprisonment for controlled substance offenses.146 [Emphasis added.]
Indeed, the two changes were linked. 1978 PA 77, which first "excluded” major controlled substance offenses from the purview of the habitual offender provisions, did not take effect unless and until 1977 HB 4190 was also enacted. See 1978 PA 77, § 2. HB 4190 was eventually enacted into law as 1978 PA 147. See 1978 PA 77 (compiler’s note). 1978 PA 147 amended the Controlled Substances Act to provide for the first time mandatory minimum terms of imprisonment for certain drug-related offenses. The definition of "major controlled substance offense” in the Code of Criminal Procedure corresponded to the offenses for which the Legislature had in the Controlled Substances Act mandated minimum terms of imprisonment.
See People v Edmonds, 93 Mich App 129, 135; 285 NW2d 802 (1979), and People v Elmore, supra at 305-306. Compare People v Franklin, 102 Mich App 591, 593-594; 302 NW2d 246 (1980), People v Sears, 124 Mich App 735, 740-742; 336 NW2d 210 (1983), and People v Hatch, 126 Mich App 399, 406-407; 337 NW2d 79 (1983). In the Primer case, the Court of Appeals simply relied upon Franklin and Sears. Regarding issues of tiffs sort, see also n 25 of Bewersdorf, 438 Mich 69-70.