Bill Text: MI HB5089 | 2013-2014 | 97th Legislature | Chaptered


Bill Title: Crimes; controlled substances; soliciting another person to purchase ephedrine or pseudoephedrine for the purpose of manufacturing methamphetamine; prohibit, and provide a penalty. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 7340c.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-07-16 - Assigned Pa 217'14 With Immediate Effect [HB5089 Detail]

Download: Michigan-2013-HB5089-Chaptered.html

Act No. 217

Public Acts of 2014

Approved by the Governor

June 21, 2014

Filed with the Secretary of State

June 26, 2014

EFFECTIVE DATE: January 1, 2015

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Genetski, Kivela, Knezek, Dianda, Driskell, Zemke, Schor, LaVoy, Roberts, Cochran, Heise, McBroom, Bumstead, LaFontaine, Pettalia, Kelly, O’Brien, Lori, Graves, Schmidt, Yanez, Brunner, Kurtz, Rendon, Geiss, Haugh, Brown, Kesto, Foster, Victory, MacGregor, MacMaster, Durhal, Kosowski, Dillon, Pscholka, Somerville, Haveman, Greimel, Haines, Glardon, Callton, Yonker, Johnson, Santana and Kandrevas

ENROLLED HOUSE BILL No. 5089

AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 7340c.

The People of the State of Michigan enact:

Sec. 7340c. (1) A person shall not solicit another person to purchase or otherwise obtain any amount of ephedrine or pseudoephedrine knowing that it is to be used for the purpose of illegally manufacturing methamphetamine.

(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(3) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by the person while violating this section.

(4) If a person is convicted of violating this section, the court shall report the violation to the department of state police.

(5) For purposes of this section:

(a) “Ephedrine” includes the salts and isomers and salts of isomers of ephedrine.

(b) “Pseudoephedrine” includes the salts and isomers and salts of isomers of pseudoephedrine.

Enacting section 1. This amendatory act takes effect January 1, 2015.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor