Bill Text: MI SB0401 | 2021-2022 | 101st 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). TIE BAR WITH: SB 0402'21
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-25 - Referred To Committee Of The Whole [SB0401 Detail]
Download: Michigan-2021-SB0401-Introduced.html
SENATE BILL NO. 401
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.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 402 of the 101st Legislature is enacted into law.
