Bill Text: MI HB4373 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Health; pharmaceuticals; allowable grams of ephedrine or pseudoephedrine for purchase; modify. Amends sec. 17766c of 1978 PA 368 (MCL 333.17766c).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-21 - Bill Electronically Reproduced 03/16/2017 [HB4373 Detail]
Download: Michigan-2017-HB4373-Introduced.html
HOUSE BILL No. 4373
March 16, 2017, Introduced by Reps. Kivela, Miller, Robinson, Maturen, Guerra, Graves, Griffin, Chang, Wittenberg, Moss, Canfield and LaFave and referred to the Committee on Law and Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17766c (MCL 333.17766c), as amended by 2014 PA
216.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17766c. (1) A person shall not do any of the following:
(a) Purchase more than 3.6 grams of ephedrine or
pseudoephedrine alone or in a mixture within a single calendar day.
(b)
Purchase more than 9 7.2 grams of ephedrine or
pseudoephedrine alone or in a mixture within a 30-day period.
(c) Possess more than 12 grams of ephedrine or pseudoephedrine
alone or in a mixture.
(d) Purchase or possess any amount of ephedrine or
pseudoephedrine knowing or having reason to know that it is to be
used to manufacture methamphetamine.
(e) Purchase more than 61.2 grams of ephedrine or
pseudoephedrine alone or in a mixture within a single calendar
year.
(2)
A person who that violates this section is guilty of a
crime as follows:
(a)
A person who that violates subsection (1)(a), or
(b), or
(e) is guilty of a misdemeanor punishable by imprisonment for not
more than 93 days or a fine of not more than $500.00, or both.
(b)
A person who that violates subsection (1)(c) is guilty of
a felony punishable by imprisonment for not more than 2 years or a
fine of not more than $2,000.00, or both.
(c)
A person who that violates subsection (1)(d) is guilty of
a felony punishable by imprisonment for not more than 5 years or a
fine of not more than $5,000.00, or both. This subdivision does not
prohibit the person from being charged with, convicted of, and
sentenced for any other violation of law arising out of the
violation of subsection (1)(d).
(3) This section does not apply to any of the following:
(a)
A person who that possesses ephedrine or pseudoephedrine
pursuant to a license issued by this state or the United States to
manufacture, deliver, dispense, possess with intent to manufacture
or deliver, or possess a controlled substance, prescription drug,
or other drug.
(b) An individual who possesses ephedrine or pseudoephedrine
pursuant to a prescription.
(c)
A person who that possesses ephedrine or pseudoephedrine
for retail sale pursuant to a license issued under the general
sales tax act, 1933 PA 167, MCL 205.51 to 205.78.
(d)
A person who that possesses ephedrine or pseudoephedrine
in the course of his or her business of selling or transporting
ephedrine or pseudoephedrine to a person described in subdivision
(a) or (c).
(e)
A person who, that, in the course of his or her business,
stores ephedrine or pseudoephedrine for sale or distribution to a
person described in subdivision (a), (c), or (d).
(f)
Any product that the state Michigan
board of pharmacy,
upon application of a manufacturer, exempts from this section
because the product has been formulated in such a way as to
effectively prevent the conversion of the active ingredient into
methamphetamine.
(g) Possession of any pediatric product primarily intended for
administration to children under 12 years of age according to label
instructions.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
