reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7405 - Prohibited Conduct; Violation; Penalties.

333.7405 Prohibited conduct; violation; penalties.
Sec. 7405.
(1) A person shall not do any of the following:
(a) If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333.
(b) If the person is a licensee, manufacture a controlled substance not authorized by his or her license or distribute, prescribe, or dispense a controlled substance not authorized by his or her license to another licensee or other authorized person, except as authorized by rules promulgated by the administrator.
(c) Refuse an entry into any premises for an inspection authorized by this article.
(d) Knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances in violation of this article.
(e) If the person is a practitioner, dispense a controlled substance under a prescription written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber licensed to practice in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances.
(2) A person who violates subsection (1) is subject to the penalties prescribed in section 7406.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 30, Eff. Aug. 26, 1988 ;-- Am. 1997, Act 153, Eff. Mar. 31, 1998 ;-- Am. 2004, Act 536, Imd. Eff. Jan. 3, 2005 ;-- Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;-- Am. 2009, Act 150, Imd. Eff. Nov. 19, 2009 ;-- Am. 2011, Act 155, Imd. Eff. Sept. 27, 2011 ;-- Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;-- Am. 2016, Act 49, Eff. June 13, 2016
Compiler's Notes:
Enacting section 1 of Act 49 of 2016 provides:"Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018."
Popular Name:
Act 368
Admin Rule:
R 338.493a et seq. and R 338.3101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7406 - Violation of MCL 333.7405; Penalty.

333.7406 Violation of MCL 333.7405; penalty.
Sec. 7406.
A person who violates section 7405 may be punished by a civil fine of not more than $25,000.00 in a proceeding in the circuit court. However, if the violation is prosecuted by a criminal indictment alleging that the violation was committed knowingly or intentionally, and the trier of the fact specifically finds that the violation was committed knowingly or intentionally, the person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7407a - Attempt to Violate or Knowingly or Intentionally Solicit, Induce, or Intimidate Another Person to Violate Part; Penalty.

333.7407a Attempt to violate or knowingly or intentionally solicit, induce, or intimidate another person to violate part; penalty.
Sec. 7407a.
(1) A person shall not attempt to violate this part.
(2) A person shall not knowingly or intentionally solicit, induce, or intimidate another person to violate this part.
(3) Except as otherwise provided in section 7416, a person who violates this section is guilty of a crime punishable by the penalty for the crime he or she attempted to commit, or by the penalty for the crime he or she solicited, induced, or intimidated another person to commit.
History:
Add. 1994, Act 220, Eff. Mar. 30, 1995
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7408 - Penalty Cumulative.

333.7408 Penalty cumulative.
Sec. 7408.
A penalty imposed for violation of this article is in addition to, and not in lieu of, a civil or administrative penalty or sanction otherwise authorized by law.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7409 - Conviction or Acquittal Under Federal Law or Law of Other State as Bar to Prosecution.

333.7409 Conviction or acquittal under federal law or law of other state as bar to prosecution.
Sec. 7409.
If a violation of this article is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7410a - Delivery or Intent to Deliver Controlled Substance in or Within Public or Private Park; Term of Imprisonment; Definitions.

333.7410a Delivery or intent to deliver controlled substance in or within public or private park; term of imprisonment; definitions.
Sec. 7410a.
(1) An individual 18 years of age or over who does any of the following may be punished by a term of imprisonment of not more than 2 years:
(a) Violates section 7401(2)(a)(iv) or (2)(b)(i) or section 7401b by delivering a controlled substance or gamma-butyrolactone to a minor who is in a public park or private park or within 1,000 feet of a public park or private park.
(b) Violates section 7401(2)(a)(iv) or (2)(b)(i) or section 7401b by possessing with intent to deliver a controlled substance or gamma-butyrolactone to a minor who is in a public park or private park or within 1,000 feet of a public park or private park.
(c) Violates section 7403(2)(a)(v), (b), (c), or (d) or section 7401b by possessing a controlled substance or gamma-butyrolactone in or within 1,000 feet of a public park or private park.
(d) Violates section 7401c within 1,000 feet of a public park or private park.
(2) The term of imprisonment authorized under subsection (1) is in addition to the term of imprisonment authorized for the violation of section 7401(2)(a)(iv) or (2)(b)(i), section 7401b, section 7401c, or section 7403(2)(a)(v), (b), (c), or (d).
(3) As used in this section:
(a) "Private park" means real property owned or maintained by a private individual or entity and that is open to the general public or local residents for recreation or amusement.
(b) "Public park" means real property owned or maintained by this state or a political subdivision of this state that is designated by this state or by that political subdivision as a public park.
History:
Add. 1998, Act 261, Eff. Oct. 1, 1998 ;-- Am. 2000, Act 302, Eff. Jan. 1, 2001 ;-- Am. 2000, Act 314, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 217, Imd. Eff. June 26, 2006
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7413 - Conviction of Second or Subsequent Violation; Penalty.

333.7413 Conviction of second or subsequent violation; penalty.
Sec. 7413.
(1) Except as otherwise provided in subsection (2) an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not more than twice that otherwise authorized, or both.
(2) An individual convicted of a second or subsequent offense under section 7410(2) or (3) must be punished, subject to subsection (3), by a term of imprisonment of not less than 5 years nor more than twice that authorized under section 7410(2) or (3) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7410(2) or (3); and is not eligible for probation or suspension of sentence during the term of imprisonment.
(3) The court may depart from the minimum term of imprisonment authorized under subsection (2) if the court finds on the record that there are substantial and compelling reasons to do so.
(4) For purposes of subsection (1), an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under this article or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 12, Eff. June 1, 1988 ;-- Am. 1988, Act 144, Imd. Eff. June 6, 1988 ;-- Am. 2017, Act 266, Eff. Mar. 28, 2018
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7415 - Dismissal of Case; Reduction of Charge; Plea of Guilty, Guilty but Mentally Ill, or Nolo Contendere.

333.7415 Dismissal of case; reduction of charge; plea of guilty, guilty but mentally ill, or nolo contendere.
Sec. 7415.
(1) After the arraignment of a defendant on a warrant charging the defendant with the commission of any of the offenses specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), or with conspiracy to commit an offense specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), the examining magistrate shall not dismiss the case upon motion of the prosecuting attorney unless the dismissal is with prejudice, nor shall the examining magistrate permit the prosecuting attorney to reduce the charge if it appears to the examining magistrate at the conclusion of the preliminary examination that 1 or more of the offenses set forth in this subsection was committed and that there is probable cause for charging the defendant with a violation of 1 or more of the offenses.
(2) At or after the arraignment of a defendant on an indictment or information charging the defendant with the commission of any of the offenses specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), or with conspiracy to commit an offense specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), the court in which the indictment or information is filed shall not dismiss the case upon motion of the prosecuting attorney unless the dismissal is with prejudice, and the court shall not accept a plea of guilty, guilty but mentally ill, or nolo contendere unless, with the consent of the prosecuting attorney on the record, the defendant enters a plea of guilty, guilty but mentally ill, or nolo contendere to not less than 1 of the following felonies:
(a) An offense described in section 7401(2)(a)(i), (ii), (iii), or (iv).
(b) An offense described in section 7403(2)(a)(i), (ii), (iii), or (iv).
(c) Conspiracy to commit an offense described in subdivision (a) or (b).
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 144, Imd. Eff. June 6, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7416 - Recruiting, Inducing, Soliciting, or Coercing Minor to Commit Felony; Penalties; Exception.

333.7416 Recruiting, inducing, soliciting, or coercing minor to commit felony; penalties; exception.
Sec. 7416.
(1) A person 17 years of age or over who recruits, induces, solicits, or coerces a minor less than 17 years of age to commit or attempt to commit any act that would be a felony under this part if committed by an adult is guilty of a felony and may be punished by a fine of not more than the fine authorized by this part for an adult who commits such an act, and shall be punished, subject to subsection (3), as follows:
(a) Except as provided in subdivision (b), by imprisonment for not less than 1/2 of the maximum term of imprisonment authorized by this part for an adult who commits such an act and not more than the maximum term of imprisonment authorized by this part for an adult who commits such an act.
(b) If the act to be committed or attempted by the minor is a violation of section 7401(2)(a)(i), by imprisonment for life.
(2) A person subject to a sentence under subsection (1) shall not be subject to a delayed sentence or a suspended sentence and shall not be eligible for probation.
(3) The court may depart from a minimum term of imprisonment authorized under subsection (1)(a) or (b) if the court finds on the record that there are substantial and compelling reasons to do so.
(4) Subsection (1)(a) does not apply to an act that is a violation of section 7401(2)(d) and that involves the manufacture, delivery, or possession with intent to deliver of marihuana. This section applies whether or not the person 17 years of age or older knew or had reason to know the age of the minor less than 17 years of age.
History:
Add. 1988, Act 17, Eff. June 1, 1988 ;-- Am. 1995, Act 95, Eff. Aug. 1, 1995
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7417 - Product Producing Same or Similar Effect as Scheduled Ingredient; Sale or Offer to Sell Prohibited; Violation; Penalty; "Named Product" Defined.

333.7417 Product producing same or similar effect as scheduled ingredient; sale or offer to sell prohibited; violation; penalty; "named product" defined.
Sec. 7417.
(1) A person who knows that a named product contains or previously contained an ingredient that was designated to be a schedule 1 controlled substance shall not sell or offer to sell any other product while representing that it contains an ingredient that produces the same or a substantially similar physiological or psychological effect as that scheduled ingredient. This subsection does not apply to a product approved by the federal food and drug administration.
(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 $20,000.00, or both.
(3) As used in this section, "named product" means either of the following:
(a) A product having a designated brand name.
(b) A product having a street or common name with application sufficient to identify the product as a specific product within this state or within a local unit of government.
History:
Add. 2012, Act 183, Eff. July 1, 2012
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7421 - Opioid-Related Overdose Fatalities; Report.

333.7421 Opioid-related overdose fatalities; report.
Sec. 7421.
By February 1 each year, the department of community health shall ascertain, document, and publish a report on the number, trends, patterns, and risk factors related to opioid-related overdose fatalities that occurred in this state in the preceding calendar year. The department shall include in the report information on interventions that would be effective in reducing the rate of fatal or nonfatal opioid-related overdoses in this state.
History:
Add. 2014, Act 311, Imd. Eff. Oct. 14, 2014
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7422 - Compliance With MCL 333.17744b or MCL 333.17744e; Prescribing, Dispensing, Possessing, or Administering Opioid Antagonist; Person Not in Violation of Article.

333.7422 Compliance with MCL 333.17744b or MCL 333.17744e; prescribing, dispensing, possessing, or administering opioid antagonist; person not in violation of article.
Sec. 7422.
A person that complies with section 17744b or 17744e is not in violation of this article with regard to the prescribing, dispensing, possessing, or administering an opioid antagonist as authorized in either of those sections.
History:
Add. 2014, Act 313, Imd. Eff. Oct. 14, 2014 ;-- Am. 2016, Act 383, Eff. Mar. 28, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7423 - Compliance With MCL 333.21418 Not a Violation of Article.

333.7423 Compliance with MCL 333.21418 not a violation of article.
Sec. 7423.
The delivery of a controlled substance under section 21418 for the purpose of disposing of the controlled substance is not a violation of this article.
History:
Add. 2018, Act 396, Eff. Mar. 19, 2019
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7453 - Sale of Drug Paraphernalia Prohibited; Notice; Compliance.

333.7453 Sale of drug paraphernalia prohibited; notice; compliance.
Sec. 7453.
(1) Subject to subsection (2), a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(2) Before a person is arrested for a violation of subsection (1), the attorney general or a prosecuting attorney shall notify the person in writing, not less than 2 business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (1).
(3) If a person complies with a notice sent under subsection (2), the compliance is a complete defense for the person against a prosecution under section 7453, as long as the compliance continues.
History:
Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7455 - Violation of MCL 333.7453 as Misdemeanor; Penalty.

333.7455 Violation of MCL 333.7453 as misdemeanor; penalty.
Sec. 7455.
(1) A person who violates section 7453 is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000.00, or both.
(2) A person 18 years of age or older who violates section 7453 by selling or offering to sell drug paraphernalia to a person less than 18 years of age is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $7,500.00, or both.
History:
Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7457 - Applicability of MCL 333.7451 to 333.7455.

333.7457 Applicability of MCL 333.7451 to 333.7455.
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, 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, 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.
History:
Add. 1988, Act 139, Imd. Eff. June 3, 1988 ;-- Am. 2006, Act 458, Eff. Mar. 20, 2007
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7459 - Action for Declaratory Judgment; Defendant.

333.7459 Action for declaratory judgment; defendant.
Sec. 7459.
(1) A person who has received a notice under section 7453(2) may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell.
(2) The attorney general or the prosecuting attorney who sent the notice under section 7453(2) shall be made the defendant to an action commenced under subsection (1).
History:
Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7461 - Declaratory Judgment as Complete Defense.

333.7461 Declaratory judgment as complete defense.
Sec. 7461.
If a declaratory judgment has been issued pursuant to section 7459 stating that sale or offer to sell specified material does not violate section 7453, the declaratory judgment is a complete defense for the person obtaining such a judgment against a prosecution under section 7453.
History:
Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7501 - Arrest Without Warrant.

333.7501 Arrest without warrant.
Sec. 7501.
A sheriff, deputy sheriff, or local or state police officer who has reasonable cause to believe that a violation of this article punishable by imprisonment for 1 year or more has taken place or is taking place and reasonable cause to believe that an individual has committed or is committing the violation, may arrest that individual without a warrant for that violation whether or not the violation was committed in the law enforcement officer's presence.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of certain health-related functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7502 - Powers of Agents.

333.7502 Powers of agents.
Sec. 7502.
(1) An inspection agent or investigatory agent of the department of commerce may do any of the following:
(a) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state.
(b) Seize property pursuant to this article.
(c) Perform other law enforcement duties the administrator or the department of commerce designates.
(2) An agent of the department of treasury designated by the commissioner of revenue may exercise the powers specified in subsection (1) with regard to the seizure of property under section 7521(e) and (f) after notification of the department of state police or any other local law enforcement agency having jurisdiction.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1982, Act 251, Imd. Eff. Sept. 29, 1982 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7504 - Administrative Inspection Warrants; Issuance; Execution; Oath or Affirmation Showing Probable Cause; Seizure of Property; Existence of Probable Cause; Affidavit; Contents of Warrant.

333.7504 Administrative inspection warrants; issuance; execution; oath or affirmation showing probable cause; seizure of property; existence of probable cause; affidavit; contents of warrant.
Sec. 7504.
(1) Administrative inspection warrants shall be issued and executed as prescribed in this part.
(2) A magistrate within the magistrate's jurisdiction, upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administrative inspection authorized by this article or the rules promulgated under this article and seizures of property appropriate to the inspection. Probable cause exists upon showing a valid public interest in the effective enforcement of this article or the rules promulgated under this article sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant.
(3) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the magistrate and establishing the grounds for issuing the warrant. The magistrate, if satisfied that the grounds for the application exist or that there is probable cause to believe they exist, shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7505 - Contents, Execution, and Return of Warrant; Copy of Warrant and Receipt for Property Seized; Inventory of Property Taken; Delivering Copy of Inventory; Filing Warrant With Copy of Return and Papers Returnable.

333.7505 Contents, execution, and return of warrant; copy of warrant and receipt for property seized; inventory of property taken; delivering copy of inventory; filing warrant with copy of return and papers returnable.
Sec. 7505.
(1) The warrant shall:
(a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof.
(b) Be directed to a person described in section 7502.
(c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified.
(d) Identify the item or types of property to be seized, if any.
(e) Designate the magistrate to whom it shall be returned.
(2) A warrant issued pursuant to this section shall be executed and returned within 10 days after its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least 1 credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(3) The magistrate who issues a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the magistrate's court in which the inspection was made.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7507 - Administrative Inspections of Controlled Premises.

333.7507 Administrative inspections of controlled premises.
Sec. 7507.
(1) The department of commerce may make administrative inspections of controlled premises in accordance with this section.
(2) When authorized by an administrative inspection warrant, an officer or employee designated by the department of commerce, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(3) When authorized by an administrative inspection warrant, an officer or employee designated by the department of commerce may:
(a) Inspect and copy records required to be kept by this article.
(b) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling found therein and, except as provided in subsection (5) all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this article.
(c) Inventory any stock of a controlled substance therein and obtain samples thereof.
(4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with law, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) If the owner, operator, or agent in charge of the controlled premises consents.
(b) In situations presenting imminent danger to health or safety.
(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant.
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking.
(e) In any other situation in which a warrant is not constitutionally required.
(5) An inspection authorized by this section shall not extend to financial data or sales data, other than shipment data or pricing data, unless the owner, operator, or agent in charge of the controlled premises consents in writing.
(6) For purposes of this section only,"controlled premises" means:
(a) A place where a person licensed or exempted from licensure requirements under this article is required to keep records.
(b) A place including a factory, warehouse, establishment, and conveyance in which a person licensed or exempted from licensure requirements under this article is permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of a controlled substance.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 80, Imd. Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7511 - Restraining or Enjoining Violation; Trial by Jury.

333.7511 Restraining or enjoining violation; trial by jury.
Sec. 7511.
(1) The circuit court of a county having jurisdiction over an alleged violator of this article has jurisdiction to restrain or enjoin a violation of this article.
(2) The defendant may demand a trial by jury for an alleged violation of an injunction or restraining order issued under this section.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7515 - Cooperation With Federal and Other State Agencies; Relying and Acting Upon Results, Information, and Evidence.

333.7515 Cooperation with federal and other state agencies; relying and acting upon results, information, and evidence.
Sec. 7515.
(1) The administrator may cooperate with federal and other state agencies in discharging its responsibilities as to traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the administrator may:
(a) Arrange for the exchange of information among governmental officials as to the use and abuse of controlled substances.
(b) Coordinate and cooperate in training programs as to controlled substance law enforcement at local and state levels.
(c) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent individuals and other controlled substance law offenders in this state, and make the information available for federal, state, and local law enforcement purposes. The administrator shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under section 7516.
(d) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(2) Results, information, and evidence received from the bureau relating to the regulatory functions of this article, including results of inspections conducted by it, may be relied and acted upon by the disciplinary subcommittee in the exercise of its regulatory functions under this article.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7516 - Name or Identity of Patient, Research, or Individual.

333.7516 Name or identity of patient, research, or individual.
Sec. 7516.
A practitioner engaged in professional practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the practitioner's licensing agency, and may not be compelled in any state or local civil, criminal, administrative, legislative, or other proceeding to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7522 - Property Subject to Forfeiture; Seizure; Process; Seizure Without Process.

333.7522 Property subject to forfeiture; seizure; process; seizure without process.
Sec. 7522.
Property that is subject to forfeiture under this article or pursuant to section 7521 may be seized upon process issued by the circuit court having jurisdiction over the property. Seizure without process may be made under any of the following circumstances:
(a) Incident to a lawful arrest, pursuant to a search warrant, or pursuant to an inspection under an administrative inspection warrant.
(b) The property is the subject of a prior judgment in favor of this state in an injunction or forfeiture proceeding under this article or pursuant to section 17766a.
(c) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.
(d) There is probable cause to believe that the property was used or is intended to be used in violation of this article or section 17766a.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1982, Act 251, Imd. Eff. Sept. 29, 1982 ;-- Am. 1990, Act 30, Eff. Mar. 28, 1991
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7524a - Repealed. 2015, Act 148, Eff. Feb. 1, 2016.

333.7524a Repealed. 2015, Act 148, Eff. Feb. 1, 2016.
Compiler's Notes:
The repealed section pertained to annual report by local unit of government concerning forfeiture activities.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7524b - Report by Agency of Seizure and Forfeiture Activities Under Uniform Forfeiture Reporting Act.

333.7524b Report by agency of seizure and forfeiture activities under uniform forfeiture reporting act.
Sec. 7524b.
(1) Beginning February 1, 2016, each reporting agency shall report all seizure and forfeiture activities under this article to the department of state police as required under the uniform forfeiture reporting act.
(2) Beginning February 1, 2016, each reporting agency is subject to audit as required under the uniform forfeiture reporting act.
(3) As used in this section, "reporting agency" means that term as defined in section 7 of the uniform forfeiture reporting act.
History:
Add. 2015, Act 151, Eff. Feb. 1, 2016
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7525 - Controlled Substance as Contraband; Seizure and Summary Forfeiture; Seizure and Forfeiture of Species of Plants.

333.7525 Controlled substance as contraband; seizure and summary forfeiture; seizure and forfeiture of species of plants.
Sec. 7525.
(1) A controlled substance listed in schedule 1 that is possessed, transferred, sold, or offered for sale in violation of this article is contraband and shall be seized and summarily forfeited to this state. A controlled substance listed in schedule 1 which is seized or comes into the possession of this state, the owner of which is unknown, is contraband and shall be summarily forfeited to this state.
(2) Species of plants from which controlled substances in schedules 1 and 2 may be derived which have been planted or cultivated in violation of this article, or of which the owner or cultivator is unknown, or which are wild growths, may be seized and summarily forfeited to this state.
(3) The failure, upon demand by the administrator or its authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate license or proof that he or she is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7527 - Destruction of Controlled Substance Seized as Evidence.

333.7527 Destruction of controlled substance seized as evidence.
Sec. 7527.
(1) Prior to trial the prosecuting attorney may move in writing for an order permitting the destruction of all or part of a controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance seized as evidence in connection with a violation of this article. The motion shall specify the reasons supporting the destruction. The prosecuting attorney shall serve a copy of the motion, and any supporting materials, on the defendant or his or her attorney.
(2) If the defendant objects, the defendant or his or her attorney shall file specific objections within 21 days after receiving the motion described in subsection (1). Failing to comply with this time limit waives any objection to the destruction of the evidence.
(3) Before any hearing on the motion, the defendant or his or her attorney shall have an adequate opportunity to inspect or test, or both, the evidence sought to be destroyed, subject to reasonable supervision by laboratory or law enforcement personnel.
(4) Following a hearing, the court may order destruction of all or part of the controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance if the court determines on the record that the destruction is warranted. The court shall specify the evidence to be destroyed and may include further provisions in the order as the interests of justice require.
(5) The law enforcement agency having custody of the evidence shall destroy the controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance in accordance with an order entered under subsection (4). Before destroying the evidence, the law enforcement agency shall make an accurate photographic record of the controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance. The court may order that further records be made before the evidence is destroyed.
History:
Add. 1993, Act 289, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7531 - Burden of Proof of Exemption or Exception; Presumption as to License or Order Form; Burden of Rebutting Presumption; Liability Not Imposed for Lawful Performance of Duties.

333.7531 Burden of proof of exemption or exception; presumption as to license or order form; burden of rebutting presumption; liability not imposed for lawful performance of duties.
Sec. 7531.
(1) It is not necessary for this state to negate any exemption or exception in this article in a complaint, information, indictment, or other pleading or in a trial, hearing, or other proceeding under this article. The burden of proof of an exemption or exception is upon the person claiming it.
(2) In the absence of proof that a person is the authorized holder of an appropriate license or order form issued under this article, the person is presumed not to be the holder of the license or order form. The burden of proof is upon the person to rebut the presumption.
(3) A liability is not imposed by this article or an authorized state, county, or local officer, engaged in the lawful performance of the officer's duties.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7533 - Judicial Review.

333.7533 Judicial review.
Sec. 7533.
Judicial review of a final determination, finding, or conclusion of the administrator shall be governed by the administrative procedures act of 1969.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 7 - Controlled Substances (333.7101...333.7545) › 368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545) › Section 333.7541 - Educational Programs; Powers of Administrator.

333.7541 Educational programs; powers of administrator.
Sec. 7541.
The administrator, if funds are appropriated therefor, may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the administrator may:
(a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances.
(b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances.
(c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems.
(d) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances.
(e) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them.
(f) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368