July 16, 2014, Introduced by Rep. Darany and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7220 (MCL 333.7220), as amended by 1999 PA
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7220. (1) The following controlled substances are
2 included in schedule 5:
3 (a) The following drugs and other substances, by whatever
4 official name, common or usual name, chemical name, or brand name
7 (b) Any compound, mixture, or preparation containing any of
8 the following limited quantities of narcotic drugs or salts of
9 narcotic drugs, which includes 1 or more nonnarcotic active
1 medicinal ingredients in sufficient proportion to confer upon the
2 compound, mixture, or preparation valuable medicinal qualities
3 other than those possessed by the narcotic drug alone:
4 (i) Not more than 200 milligrams of codeine, or any of its
5 salts, per 100 milliliters or per 100 grams and not more than 10
6 milligrams per dosage unit.
7 (ii) Not more than 100 milligrams of dihydrocodeine, or any
8 of its salts, per 100 milliliters or per 100 grams and not more
9 than 5 milligrams per dosage unit.
10 (iii) Not more than 100 milligrams of ethylmorphine, or any of
11 its salts, per 100 milliliters or per 100 grams and not more than
12 5 milligrams per dosage unit.
13 (iv) Not more than 2.5 milligrams of diphenoxylate and not
14 less than 25 micrograms of atropine sulfate per dosage unit.
15 (v) Not more than 100 milligrams of opium per 100
16 milliliters or per 100 grams and not more than 5 milligrams per
17 dosage unit.
18 (c) Except as otherwise provided in this subdivision,
19 ephedrine, a salt of ephedrine, an optical isomer of ephedrine, a
20 salt of an optical isomer of ephedrine, or a compound, mixture,
21 or preparation containing ephedrine, a salt of ephedrine, an
22 optical isomer of ephedrine, or a salt of an optical isomer of
23 ephedrine. However, the following are not included in schedule 5:
24 (i) A product containing ephedrine, a salt of ephedrine, an
25 optical isomer of ephedrine, or a salt of an optical isomer of
26 ephedrine if the drug product may lawfully be sold over the
27 counter without a prescription under federal law, is labeled and
1 marketed in a manner consistent with the pertinent OTC tentative
2 final or final monograph, is manufactured and distributed for
3 legitimate medical use in a manner that reduces or eliminates the
4 likelihood for abuse, and is not marketed, advertised, or labeled
5 for an indication of stimulation, mental alertness, energy,
6 weight loss, appetite control, or muscle enhancement and if the
7 drug product is 1 of the following:
8 (A) A solid dosage form, including but not limited to a soft
9 gelatin caplet, that combines as active ingredients not less than
10 400 milligrams of guaifenesin and not more than 25 milligrams of
11 ephedrine per dose, packaged in blister packs with not more than
12 2 tablets or caplets per blister.
13 (B) An anorectal preparation containing not more than 5%
15 (ii) A food product or a dietary supplement containing
16 ephedrine, if the food product or dietary supplement meets all of
17 the following criteria:
18 (A) It contains, per dosage unit or serving, not more than
19 the lesser of 25 milligrams of ephedrine alkaloids or the maximum
20 amount of ephedrine alkaloids provided in applicable regulations
21 adopted by the United States food and drug administration and
22 contains no other controlled substance.
23 (B) It contains no hydrochloride or sulfate salts of
24 ephedrine alkaloids.
25 (C) It is packaged with a prominent label securely affixed
26 to each package that states the amount in milligrams of ephedrine
27 in a serving or dosage unit; the amount of the food product or
1 dietary supplement that constitutes a serving or dosage unit;
2 that the maximum recommended dosage of ephedrine for a healthy
3 adult human is the lesser of 100 milligrams in a 24-hour period
4 or the maximum recommended dosage or period of use provided in
5 applicable regulations adopted by the United States food and drug
6 administration; and that improper use of the product may be
7 hazardous to a person's health.
8 (d) Mitragyna speciosa; all parts of the plant presently
9 classified botanically as Mitragyna speciosa, whether growing or
10 not; the leaves and seeds of that plant; any extract or resin
11 from any part of that plant; and every compound, salt,
12 derivative, mixture, or preparation of that plant or its leaves,
13 seeds, or extracts.
14 Some trade and other names:
16 (2) Inclusion of the substances described in subsection
17 (1)(c) into schedule 5 does not preclude prosecution for a crime
18 involving those schedule 5 substances under section 17766c.