Bill Text: MI SB0564 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Crimes; controlled substances; purchase of pseudoephedrine or ephedrine for another individual who intends to manufacture methamphetamines; establish as a crime. Amends sec. 17766c of 1978 PA 368 (MCL 333.17766c).

Spectrum: Strong Partisan Bill (Republican 20-2)

Status: (Engrossed - Dead) 2014-02-20 - Referred To Committee On Criminal Justice [SB0564 Detail]

Download: Michigan-2013-SB0564-Engrossed.html

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SB-0564, As Passed Senate, February 20, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 564

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 17766c (MCL 333.17766c), as amended by 2011 PA

 

86.

 

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 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

 

intended to be used to manufacture methamphetamine.

 

     (2) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) A person who violates subsection (1)(a) or (b) 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 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 violates subsection (1)(d) 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. 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 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 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 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, 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 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.