Bill Text: MI SB0065 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; substance abuse treatment; prosecution for possession of drug paraphernalia; exclude certain individuals and entities and limit ability of local governmental units to enact and enforce certain ordinances. Amends sec. 7457 of 1978 PA 368 (MCL 333.7457) & adds sec. 7458.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-01-27 - Referred To Committee On Judiciary [SB0065 Detail]

Download: Michigan-2009-SB0065-Introduced.html

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SENATE BILL No. 65

 

 

January 27, 2009, Introduced by Senators JACOBS and SWITALSKI and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7457 (MCL 333.7457), as amended by 2006 PA 458,

 

and by adding section 7458.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7457. Sections 7451 to 7455 do not apply to any of the

 

following:

 

     (a) An object sold or offered for sale to a person licensed

 

under article 15 or under the occupational code, 1980 PA 299, MCL

 

339.101 to 339.2721 339.2919, or any intern, trainee, apprentice,

 

or assistant in a profession licensed under article 15 or under the

 

occupational code, 1980 PA 299, MCL 339.101 to 339.2721 339.2919,

 

for use in that profession.

 

     (b) An object sold or offered for sale to any hospital,

 

sanitarium, clinical laboratory, or other health care institution

 

including a penal, correctional, or juvenile detention facility for

 

use in that institution.

 

     (c) An object sold or offered for sale to a dealer in medical,

 

dental, surgical, or pharmaceutical supplies.

 

     (d) A blender, bowl, container, spoon, or mixing device not

 

specifically designed for a use described in section 7451.

 

     (e) A hypodermic syringe or needle sold or offered for sale

 

for the purpose of injecting or otherwise treating livestock or

 

other animals.

 

     (f) An object sold, offered for sale, or given away by a state

 

or local governmental agency or by a person specifically authorized

 

by a state or local governmental agency to prevent the transmission

 

of infectious agents.

 

     (g) An object sold, offered for sale, or given away in

 

connection with the performance of a licensed substance abuse

 

treatment and rehabilitation service, a licensed prevention

 

service, an approved service program, or an emergency medical

 

service authorized, provided, or assisted under article 6.

 

     Sec. 7458. A local governmental unit shall not enact or

 

enforce an ordinance that prohibits the possession of drug

 

paraphernalia by any of the following:

 

     (a) Any of the following who are acting in the normal legal

 

course of their respective business or profession:

 

     (i) A manufacturer, as defined in section 17706.

 

     (ii) A wholesale distributor, as defined in section 17709.

 

     (iii) A practitioner or an individual acting under the

 

delegatory authority of a practitioner.

 

     (iv) A holder of a license for the practice of mortuary science

 

under article 18 of the occupational code, 1980 PA 299, MCL

 

339.1801 to 339.1812.

 

     (b) An individual who suffers from diabetes, asthma, or any

 

other medical condition that requires self-injection.

 

     (c) An individual who is employed by a licensed substance

 

abuse treatment and rehabilitation service, a licensed prevention

 

service, an approved service program, or an emergency medical

 

service authorized, provided, or assisted under article 6 and who

 

is acting in the normal legal course of providing those services.