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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5089

 

October 22, 2013, 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 and referred to the Committee on Criminal Justice.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(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 purchase or attempt to

 

purchase or otherwise obtain or attempt to obtain any product

 

containing ephedrine or pseudoephedrine in this state knowing that

 

it is to be combined with any other product containing ephedrine or

 

pseudoephedrine in this state or elsewhere 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 4 years or a fine of

 

not more than $5,000.00, 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 national association of

 

drug diversion investigators (NADDI) for entry into the national

 

precursor log exchange (NPLEx).

 

     (5) A retailer shall not dispense any product containing

 

ephedrine or pseudoephedrine to a person who is listed in the

 

national precursor log exchange (NPLEx) as having violated this

 

section, regardless of whether the person has a prescription for

 

that product.

 

     (6) 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 does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5088 (request no.

 

02863'13) of the 97th Legislature is enacted into law.

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