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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7215 - Schedule 3; Placement of Substance.

333.7215 Schedule 3; placement of substance.
Sec. 7215.
The administrator shall place a substance in schedule 3 if it finds all of the following:
(a) The substance has a potential for abuse less than the substances listed in schedules 1 and 2.
(b) The substance has currently accepted medical use in treatment in the United States.
(c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7217 - Schedule 4; Placement of Substance.

333.7217 Schedule 4; placement of substance.
Sec. 7217.
The administrator shall place a substance in schedule 4 if it finds all of the following:
(a) The substance has a low potential for abuse relative to substances in schedule 3.
(b) The substance has currently accepted medical use in treatment in the United States.
(c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule 3.
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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7218 - Schedule 4; Controlled Substances Included.

333.7218 Schedule 4; controlled substances included.
Sec. 7218.
(1) The following controlled substances are included in schedule 4:
(a) Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:
Barbital
Flurazepam
Chloral Betaine
Lorazepam
Chloral Hydrate
Mebutamate
Chlordiazepoxide
Meprobamate
Clonazepam
Methohexital
Clorazepate
Methylphenobarbital
Dextropropoxyphene
Oxazepam
Diazepam
Paraldehyde
Ethchlorvynol
Petrichloral
Ethinamate
Phenobarbital
Flunitrazepam
Prazepam
(b) Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with an effect on the central nervous system, including their salts, optical, positional, or geometric isomers, and salts of the isomers if the existence of the salts, isomers, and salts of isomers is possible.
Fenfluramine
(c) Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system, including their salts, optical, positional, or geometric isomers, and salts of the isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation.
Diethylpropion
Phentermine
Pemoline, including organometallic complexes and chelates of pemoline.
Cathine
Some trade and other names:
d-norpseudoephedrine
(2) The administrator may except by rule any compound, mixture or preparation containing any substance listed in subsection (1) from the application of all or any part of this article if the compound, mixture or preparation contains 1 or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant or stimulant effect on the central nervous system.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1998, Act 319, Eff. Oct. 1, 1998 ;-- Am. 2010, Act 171, Eff. Oct. 1, 2010
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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7219 - Schedule 5; Placement of Substance.

333.7219 Schedule 5; placement of substance.
Sec. 7219.
The administrator shall place a substance in schedule 5 if it finds all of the following:
(a) The substance has low potential for abuse relative to the controlled substances listed in schedule 4.
(b) The substance has currently accepted medical use in treatment in the United States.
(c) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule 4 or the incidence of abuse is such that the substance should be dispensed by a practitioner.
History:
1978, Act 368, Eff. Sept. 30, 1978
Constitutionality:
The Legislature's delegation to the Board of Pharmacy of the authority to schedule controlled substances in accordance with detailed criteria is not an unlawful delegation of power. People v Turmon, 417 Mich 638; 340 NW2d 620 (1983).
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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7227 - Substances Excluded From Schedules of Controlled Substances; Excluded Substance as Deleterious Drug; Manufacturing, Distributing, or Dispensing Excluded Substance.

333.7227 Substances excluded from schedules of controlled substances; excluded substance as deleterious drug; manufacturing, distributing, or dispensing excluded substance.
Sec. 7227.
(1) A nonnarcotic substance that under the federal food, drug and cosmetic act may be lawfully dispensed without a prescription is excluded from all schedules pursuant to section 7208(2). A substance that contains 1 or more controlled substances in a proportion or concentration to vitiate the potential for abuse is excluded.
(2) Substances included in schedule 5 under section 7220(1)(c) are not excluded under subsection (1).
(3) An excluded substance is a deleterious drug and may be manufactured, distributed, or dispensed only by a person who is registered to manufacture, distribute, or dispense a controlled substance under section 7208(2).
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1999, Act 144, Eff. Jan. 21, 2000
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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7229 - Excepted Compound, Mixture, or Preparation; Compliance.

333.7229 Excepted compound, mixture, or preparation; compliance.
Sec. 7229.
A compound, mixture, or preparation containing a depressant or stimulant substance or of similar quantitative composition shown in federal regulations as an excepted compound or which is the same except that it contains a lesser quantity of a controlled substance or other substances which do not have a stimulant, depressant, or hallucinogenic effect, and which is restricted by law to dispensing on prescription is excepted from sections 7212, 7214, 7216, 7218, and 7220. Compliance with federal law respecting an excepted compound is considered compliance with 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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7231 - Notice of Change in Scheduling or Rescheduling.

333.7231 Notice of change in scheduling or rescheduling.
Sec. 7231.
The administrator shall notify all registrants under this article, the secretary of the senate, the clerk of the house of representatives, the attorney general, and the director of the department of state police of any change in scheduling or rescheduling not later than 30 days before the change is effective.
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7301 - Rules.

333.7301 Rules.
Sec. 7301.
The administrator may promulgate rules relating to the licensure and control of the manufacture, distribution, prescribing of controlled substances included in schedule 2, and dispensing of controlled substances in this state.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”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
Admin Rule:
R 338.471 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7301a - Licensing Activities Subject to Certain Provisions.

333.7301a Licensing activities subject to certain provisions.
Sec. 7301a.
Licensing activities conducted under this part are subject to sections 16201, 16203, 16299, 16303, 16305, 16307, 16309, and 16313 and article 8.
History:
Add. 1988, Act 462, Eff. Sept. 1, 1989 ;-- Am. 2006, Act 392, Imd. Eff. Sept. 27, 2006 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013
Compiler's Notes:
The following sections referenced in MCL 333.7301a have been repealed or do not exist: Secs. 16203, 16309, and 16313.
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7302 - Labeling Controlled Substances; Contents of Label; Altering, Defacing, or Removing Label.

333.7302 Labeling controlled substances; contents of label; altering, defacing, or removing label.
Sec. 7302.
(1) Controlled substances manufactured or distributed in this state shall have affixed upon each package and container in which the substances are contained, a label showing in legible English the name and address of the principal manufacturer or the distributor, and the name, quantity, kind, and form of controlled substance contained in the package or container.
(2) A person, except a practitioner for the lawful purpose of dispensing controlled substances under this article, shall not alter, deface, or remove a label affixed as required in subsection (1).
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7302a - Identification of Certain Prescription Drugs and Manufacturer or Distributor; Descriptive Material; National Registry of Prescription Drugs; Exemptions; Rules; “Prescription Drug” Defined; Violation as Misdemeanor; Penalty.

333.7302a Identification of certain prescription drugs and manufacturer or distributor; descriptive material; national registry of prescription drugs; exemptions; rules; “prescription drug” defined; violation as misdemeanor; penalty.
Sec. 7302a.
(1) A prescription drug that is in finished solid oral dosage form shall not be manufactured or distributed in this state after June 1, 1985 unless the drug is clearly and prominently marked or imprinted with an individual symbol, number, company name, words, letters, marking, national drug code, or a combination of any of the foregoing that identifies the prescription drug and the manufacturer or distributor of the drug.
(2) A person licensed by the administrator under this article to manufacture or distribute prescription drugs shall supply to the department of commerce descriptive material that will identify each current mark or imprint under subsection (1) used by the person who distributes or manufactures the prescription drug.
(3) It is the intent of the legislature that the descriptive material received by the department of commerce pursuant to subsection (2) shall be used in conjunction with similar information from other states by the United States department of health and human services, food and drug administration, or other national agency or organization, to compile a national registry of prescription drugs manufactured or distributed in the United States.
(4) The department of commerce, upon the application of a person who distributes or manufactures a prescription drug, shall exempt a particular prescription drug from the requirements of this section if the department of commerce determines that marking or imprinting the prescription drug is not feasible because of the drug's size, texture, or other unique characteristic.
(5) This section does not apply to a prescription drug that is compounded by a pharmacist licensed under article 15.
(6) The department of commerce may promulgate rules pursuant to the administrative procedures act of 1969, for purposes of implementing and enforcing this section.
(7) As used in this section, "prescription drug" means a prescription drug as defined in section 17708(4).
(8) A person who knowingly or intentionally violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $25,000.00, or both.
History:
Add. 1984, Act 254, Eff. Mar. 29, 1985 ;-- 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7303c - Information to Be Provided Before Controlled Substance Containing Opioid Is Prescribed; Signature; Inclusion of Signed Form in Patient's Medical or Clinical Record; Controlled Substance Prescribed for Inpatient Use; Definitions.

333.7303c Information to be provided before controlled substance containing opioid is prescribed; signature; inclusion of signed form in patient's medical or clinical record; controlled substance prescribed for inpatient use; definitions.
Sec. 7303c.
(1) Except as otherwise provided in this section, beginning June 1, 2018, before a controlled substance that is an opioid is prescribed to a patient, a licensed prescriber or another health professional shall provide information on all of the following to the patient or the patient's representative:
(a) The danger of opioid addiction.
(b) How to properly dispose of an expired, unused, or unwanted controlled substance.
(c) That the delivery of a controlled substance is a felony under Michigan law.
(d) If the patient is pregnant or is a female of reproductive age, the short- and long-term effects of exposing a fetus to a controlled substance, including, but not limited to, neonatal abstinence syndrome.
(2) After providing the information described in subsection (1), the licensed prescriber or other health professional shall obtain the signature of the patient or the patient's representative on a form prescribed by the department of health and human services, indicating that the patient or the patient's representative has received the information described in subsection (1). The licensed prescriber or other health professional shall include the signed form in the patient's medical or clinical record.
(3) This section does not apply if the controlled substance described in subsection (1) is prescribed for inpatient use.
(4) As used in this section:
(a) "Health professional" means an individual who is licensed, registered, or otherwise authorized to engage in a health profession under article 15.
(b) "Patient" means an individual who receives health care from the licensed prescriber.
(c) "Patient's representative" means a guardian of a patient, if appointed, or a parent, guardian, or person acting in loco parentis, if the patient is a minor, unless the minor lawfully obtained health care without the consent or notification of a parent, guardian, or other person acting in loco parentis.
History:
Add. 2017, Act 246, Imd. Eff. Dec. 27, 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7304 - Exemptions From Licensure.

333.7304 Exemptions from licensure.
Sec. 7304.
(1) The requirement of licensure is waived for the following persons in the circumstances described in this section:
(a) An officer or employee of the drug enforcement administration while engaged in the course of official duties.
(b) An officer of the United States customs service while engaged in the course of official duties.
(c) An officer or employee of the United States food and drug administration while engaged in the course of official duties.
(d) A federal officer who is lawfully engaged in the enforcement of a federal law relating to controlled substances, drugs, or customs and who is authorized to possess controlled substances in the course of that person's official duties.
(e) An officer or employee of this state, or a political subdivision or agency of this state who is engaged in the enforcement of a state or local law relating to controlled substances and who is authorized to possess controlled substances in the course of that person's official duties.
(2) An official exempted from licensure by this section, when acting in the course of that person's official duties, may possess a controlled substance and may transfer a controlled substance to any other official who is exempted and who is acting in the course of that person's official duties.
(3) An official exempted by this section may procure a controlled substance in the course of an administrative inspection or investigation or in the course of a criminal investigation involving the person from whom the substance was procured.
(4) A law enforcement officer exempted by this section may distribute a controlled substance to another person in the course of that officer's official duties as a means to detect criminal activity or to conduct a criminal investigation.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1994, Act 221, 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7305 - Permitting Certain Persons to Apply for License; Application Upon Expiration of Existing License.

333.7305 Permitting certain persons to apply for license; application upon expiration of existing license.
Sec. 7305.
The administrator shall initially permit a person who owns, or operates an establishment engaged in the manufacture, distribution, prescription, or dispensing of a controlled substance before September 30, 1978 and who is licensed by this state to apply for a license pursuant to this article. However, a person who is licensed under existing state law with the administrator or department of commerce is not required to apply for a license pursuant to this article until the expiration of the person's existing license.
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7314 - Denial, Suspension, Revocation, or Limitation of License; Order to Show Cause; Service of Order; Conduct of Proceedings; Effect of Proceeding on Existing License; Suspension of License on Finding of Imminent Danger; Duration of Suspension; Applicability of Subsection (1).

333.7314 Denial, suspension, revocation, or limitation of license; order to show cause; service of order; conduct of proceedings; effect of proceeding on existing license; suspension of license on finding of imminent danger; duration of suspension; applicability of subsection (1).
Sec. 7314.
(1) Before the disciplinary subcommittee suspends or revokes or limits a license or denies an application or a renewal of a license, the disciplinary subcommittee shall serve on the applicant or licensee an order to show cause why the application or license should not be denied, limited, revoked, or suspended, or why the renewal should not be denied. The order to show cause shall contain a statement of the basis for the order and shall call upon the applicant or licensee to appear before the disciplinary subcommittee or a hearings examiner at a time and place not less than 30 days after the date of service of the order. A show cause order for a denial of renewal of a license shall be served not later than 30 days before expiration of the license. The proceedings described in this subsection shall be conducted without regard to any criminal prosecution or other proceeding. A proceeding to deny renewal of a license does not abate the existing license, which remains in effect pending the outcome of the administrative hearing.
(2) Pursuant to procedural guidelines adopted by the department, the department may suspend a license, without an order to show cause, simultaneously with the institution of proceedings under section 7311 or if renewal of licensure is refused, if the department finds that there is an imminent danger to the public health or safety that warrants this action. The suspension shall continue in effect until conclusion of the proceedings, including judicial review, unless sooner withdrawn by a hearings examiner or dissolved by a court of competent jurisdiction.
(3) Subsection (1) does not apply to the suspension or revocation of a license by the administrator pursuant to section 7311(6).
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1987 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7315 - Reinstatement of License; Application; Hearing.

333.7315 Reinstatement of license; application; hearing.
Sec. 7315.
(1) An individual whose license is limited, suspended, or revoked under this part may apply to the board for a reinstatement of a revoked or suspended license or for removal of a limitation as to a particular controlled substance.
(2) In the case of a revoked license, an applicant shall not apply for reinstatement before the expiration of 5 years after the effective date of the revocation. The department shall return an application for reinstatement received before the expiration of the 5-year period.
(3) The department shall provide an opportunity for a hearing before final rejection of an application for reinstatement.
History:
Add. 1988, Act 30, Eff. Aug. 26, 1988 ;-- 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7316 - Reinstatement of License; Good Moral Character; Public Interest; Disciplinary or Corrective Measure.

333.7316 Reinstatement of license; good moral character; public interest; disciplinary or corrective measure.
Sec. 7316.
The administrator may reinstate a revoked or suspended license to an individual whose license has been suspended or revoked under this article or remove a limitation as to a particular controlled substance if, after a hearing, the administrator is satisfied that the applicant is of good moral character, has met the criteria in the rules promulgated under section 16245(6), and should be permitted in the public interest to have his or her license reinstated or the limitation removed. As a condition of reinstatement, the disciplinary subcommittee, upon the recommendation of the administrator, may impose a disciplinary or corrective measure authorized under this article. In determining the public interest, the administrator shall consider the factors set forth in section 7306(1)(a) to (g).
History:
Add. 1988, Act 30, Eff. Aug. 26, 1988 ;-- 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7321 - Records; Inventories; Annual Inventory; Retention.

333.7321 Records; inventories; annual inventory; retention.
Sec. 7321.
(1) Subject to subsection (2), a person licensed to manufacture, distribute, prescribe, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the administrator promulgates, unless exempted by those rules.
(2) Beginning May 1, 1989, and annually thereafter, each person licensed under this article to manufacture, distribute, prescribe, or dispense controlled substances shall inventory all schedule 2 to 5 controlled substances possessed by the person at the time of the inventory. A person described in this subsection may conduct the annual inventory required under this subsection not more than 30 days before May 1, but shall conduct the inventory not later than 60 days after May 1. A person described in this subsection shall retain the inventory required under this subsection for not less than 2 years after the date of the inventory's creation and shall make the inventory available for inspection by the department at the request of the department.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 245, Eff. Sept. 1, 1988 ;-- Am. 2016, Act 383, Eff. Mar. 28, 2017
Popular Name:
Act 368
Admin Rule:
R 338.471 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7331 - Authority to Purchase Schedule 1 or 2 Controlled Substance; Order Form.

333.7331 Authority to purchase schedule 1 or 2 controlled substance; order form.
Sec. 7331.
(1) Only a practitioner who holds a license under this article to prescribe or dispense controlled substances may purchase from a licensed manufacturer or distributor a schedule 1 or 2 controlled substance. The authority granted under this subsection to purchase a schedule 1 or 2 controlled substance is not assignable or transferable.
(2) A purchase of a schedule 1 or 2 controlled substance under subsection (1) shall be made only pursuant to an order form which is in compliance with federal law.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 10, Eff. Aug. 9, 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7333b - Treatment of Patient for Acute Pain; Prescription for Opioid; Limitation; "Acute Pain" Defined.

333.7333b Treatment of patient for acute pain; prescription for opioid; limitation; "acute pain" defined.
Sec. 7333b.
(1) Beginning July 1, 2018, if a prescriber is treating a patient for acute pain, the prescriber shall not prescribe the patient more than a 7-day supply of an opioid within a 7-day period.
(2) As used in this section, "acute pain" means pain that is the normal, predicted physiological response to a noxious chemical or a thermal or mechanical stimulus and is typically associated with invasive procedures, trauma, and disease and usually lasts for a limited amount of time.
History:
Add. 2017, Act 251, Eff. Mar. 27, 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7334 - Repealed. 2001, Act 231, Eff. Jan. 6, 2003.

333.7334 Repealed. 2001, Act 231, Eff. Jan. 6, 2003.
Compiler's Notes:
The repealed section pertained to official prescription form.
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7335 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.

333.7335 Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
Former MCL 333.7335, pertaining to marihuana controlled substances therapeutic research program, expiredNovember 1, 1982, pursuant to Act 125 of 1979.The repealed section pertained to marihuana controlled substances therapeutic research program.
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7336 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.

333.7336 Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
Former MCL 333.7336, pertaining to patient qualification review board and certification of designated pharmaciesfor participation in marihuana distribution, expired November 1, 1982, pursuant to Act 125 of 1979.The repealed section pertained to patient qualification review board.
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7339 - Dispensing, Selling, or Giving Product to Individual Less Than 18 Years of Age; Violation as Misdemeanor; Penalty.

333.7339 Dispensing, selling, or giving product to individual less than 18 years of age; violation as misdemeanor; penalty.
Sec. 7339.
(1) A person shall not dispense, sell, or otherwise give a product described in section 7220(1)(c)(ii) to an individual less than 18 years of age. This section does not apply to a physician or pharmacist who prescribes, dispenses, administers, or delivers a product described in section 7220(1)(c)(ii) to an individual less than 18 years of age, to a parent or guardian of an individual less than 18 years of age who delivers the product to the individual, or to a person authorized by the individual's parent or legal guardian who dispenses or delivers the product to the individual.
(2) In the course of selling, offering for sale, or otherwise distributing a product described in section 7220(1)(c)(ii), a person shall not advertise or represent in any manner that the product causes euphoria, ecstasy, a "buzz" or "high", or an altered mental state, heightens sexual performance, or, because it contains ephedrine alkaloids, increases muscle mass.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
History:
Add. 1999, Act 144, Eff. Jan. 21, 2000
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7340 - Selling, Distributing, Delivering, or Furnishing Product Containing Ephedrine or Pseudoephedrine; Prohibition; Exceptions; Violation as Felony; Penalty.

333.7340 Selling, distributing, delivering, or furnishing product containing ephedrine or pseudoephedrine; prohibition; exceptions; violation as felony; penalty.
Sec. 7340.
(1) A person shall not sell, distribute, deliver, or otherwise furnish a product that contains any compound, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, a salt or optical isomer of ephedrine or pseudoephedrine, or a salt of an optical isomer of ephedrine or pseudoephedrine to an individual if the sale is transacted through use of the mail, internet, telephone, or other electronic means.
(2) This section does not apply to any of the following:
(a) A pediatric product primarily intended for administration to children under 12 years of age according to label instructions.
(b) A product containing pseudoephedrine that is in a liquid form if pseudoephedrine is not the only active ingredient.
(c) A product that the state board of pharmacy, upon application of the manufacturer or certification by the United States drug enforcement administration as inconvertible, 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.
(d) A person who dispenses a product described in subsection (1) pursuant to a prescription.
(e) A person who, in the course of his or her business, sells or distributes products described in subsection (1) to either of the following:
(i) A person licensed by this state to manufacture, deliver, dispense, or possess with intent to manufacture or deliver a controlled substance, prescription drug, or other drug.
(ii) A person who orders those products described in subsection (1) for retail sale pursuant to a license issued under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78.
(f) A manufacturer or distributor who donates product samples to a nonprofit charitable organization that has tax-exempt status pursuant to section 501(c)(3) of the internal revenue code of 1986, a licensed practitioner, or a governmental entity.
(3) 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 $5,000.00, or both.
History:
Add. 2006, Act 261, Eff. Oct. 1, 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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7340a - Submission of Information to Nplex.

333.7340a Submission of information to NPLEx.
Sec. 7340a.
(1) Before completing a sale under section 17766f, a retailer shall electronically submit the required information to the national precursor log exchange (NPLEx) administered by the national association of drug diversion investigators (NADDI). A retailer shall not be required to pay a fee for using the NPLEx system.
(2) If a retailer selling a nonprescription product containing ephedrine or pseudoephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, the retailer shall maintain a written log or an alternative electronic record-keeping mechanism until such time as the retailer is able to comply with the electronic sales tracking requirement.
(3) NADDI shall provide real-time access to NPLEx information through the NPLEx online portal to law enforcement in this state as authorized by state and federal law.
(4) The system described in subsection (1) shall be capable of generating a stop sale alert notifying the retailer that the person is prohibited from purchasing a nonprescription product containing ephedrine or pseudoephedrine due to a conviction reported under the methamphetamine abuse reporting act or that completing the sale will result in the seller's or purchaser's violating the quantity limits set forth in section 17766f. Except as otherwise provided by law, the seller shall not complete the sale if the system generates a stop sale alert. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the dispenser does not complete a sale. Each instance in which the override function is utilized shall be logged by the system.
(5) A person's failure to comply with the record-keeping or sales verification requirements of this section does not create a civil cause of action for damages to any other person arising out of that failure absent a direct and proximate cause, and the person is immune from civil liability for any damages arising out of that failure.
(6) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $500.00.
History:
Add. 2011, Act 84, Imd. Eff. July 15, 2011 ;-- Am. 2014, Act 275, Eff. Jan. 1, 2015
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) › 368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341) › Section 333.7340c - Soliciting or Attempting to Solicit Another Person to Obtain Ephedrine or Pseudoephedrine; Violation; Penalty; Other Violation; Report to State Police; Definitions.

333.7340c Soliciting or attempting to solicit another person to obtain ephedrine or pseudoephedrine; violation; penalty; other violation; report to state police; definitions.
Sec. 7340c.
(1) A person shall not solicit another person to purchase or otherwise obtain any amount of ephedrine or pseudoephedrine knowing that it is to be used for the purpose of illegally manufacturing methamphetamine.
(2) Except as provided in subsection (3), a person who violates this section 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.
(3) A person who attempts to violate subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(4) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by the person while violating this section.
(5) If a person is convicted of violating this section, the court shall report the violation to the department of state police.
(6) For purposes of this section:
(a) "Ephedrine" includes the salts and isomers and salts of isomers of ephedrine.
(b) "Pseudoephedrine" includes the salts and isomers and salts of isomers of pseudoephedrine.
History:
Add. 2014, Act 217, Eff. Jan. 1, 2015 ;-- Am. 2016, Act 125, Eff. Aug. 23, 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) › 368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461) › Section 333.7401a - Delivery of Controlled Substance; Violation of MCL 750.520b to 750.520e or MCL 750.520g.

333.7401a Delivery of controlled substance; violation of MCL 750.520b to 750.520e or MCL 750.520g.
Sec. 7401a.
(1) A person who, without an individual's consent, delivers a controlled substance or a substance described in section 7401b or causes a controlled substance or a substance described in section 7401b to be delivered to that individual to commit or attempt to commit a violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, against that individual is guilty of a felony punishable by imprisonment for not more than 20 years.
(2) A conviction or sentence under this section does not prohibit a conviction or sentence for any other crime arising out of the same transaction.
(3) This section applies regardless of whether the person is convicted of a violation or attempted violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
History:
Add. 1998, Act 319, Eff. Oct. 1, 1998 ;-- Am. 2000, Act 302, Eff. Jan. 1, 2001
Popular Name:
Act 368
Popular Name:
Date Rape
Popular Name:
Date Rape Drug
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 333.7401b - Manufacture, Delivery, or Possession of Gamma-Butyrolactone Prohibited; Exception; Violation; Definitions.

333.7401b Manufacture, delivery, or possession of gamma-butyrolactone prohibited; exception; violation; definitions.
Sec. 7401b.
(1) A person shall not do any of the following:
(a) Manufacture, deliver, or possess with intent to manufacture or deliver gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone.
(b) Knowingly or intentionally possess gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone.
(2) Subsection (1) does not prohibit manufacturing, delivering, possessing with intent to manufacture or deliver, or possessing gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone for use in a commercial application and not for human consumption. It is an affirmative defense to a prosecution under this section that the person manufactured, delivered, possessed with intent to manufacture or deliver, or possessed gamma-butyrolactone or the material, compound, mixture, or preparation containing gamma-butyrolactone in compliance with this subsection.
(3) A person who violates this section is guilty of a crime as follows:
(a) For a violation of subsection (1)(a), the person is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $5,000.00, or both.
(b) For a violation of subsection (1)(b), the person 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.
(4) As used in this section:
(a) "Commercial application" means as an ingredient in a lawful product, for use in the process of manufacturing a lawful product, or for lawful use as a solvent.
(b) "Deliver" means the actual, constructive, or attempted transfer from 1 person to another of gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone, whether or not there is an agency relationship.
(c) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. It includes the packaging or repackaging of the substance or labeling or relabeling of its container.
(d) "Person" means that term as defined in section 1106 or a governmental entity.
History:
Add. 2000, Act 302, Eff. Jan. 1, 2001
Popular Name:
Act 368
Popular Name:
Date Rape
Popular Name:
Date Rape Drug
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 333.7402 - Creating, Manufacturing, Delivering, or Possessing With Intent to Deliver Counterfeit Substance or Controlled Substance Analogue Intended for Human Consumption; Applicability of Section and Certain Federal Provisions; Violations; Penalties.

333.7402 Creating, manufacturing, delivering, or possessing with intent to deliver counterfeit substance or controlled substance analogue intended for human consumption; applicability of section and certain federal provisions; violations; penalties.
Sec. 7402.
(1) Except as authorized by this article, a person shall not create, manufacture, deliver, or possess with intent to deliver a counterfeit substance or a controlled substance analogue intended for human consumption. This section does not apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. 355. For purposes of this section, section 505 of the federal food, drug, and cosmetic act shall be applicable to the introduction or delivery for introduction of any new drug into intrastate, interstate, or foreign commerce.
(2) A person who violates this section as to:
(a) A counterfeit substance classified in schedule 1 or 2 which is either a narcotic drug or a drug described in section 7212(1)(h) or 7214(a)(iv) or (c)(ii), 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.
(b) Any other counterfeit substance classified in schedule 1, 2, or 3, 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.
(c) A counterfeit substance classified in schedule 4, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(d) A counterfeit substance classified in schedule 5, 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.
(e) A controlled substance analogue, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $250,000.00, or both.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1994, Act 38, Eff. June 1, 1994 ;-- Am. 2000, Act 314, Eff. Jan. 1, 2001 ;-- Am. 2002, Act 710, Eff. Apr. 1, 2003 ;-- Am. 2012, Act 183, Eff. July 1, 2012
Popular Name:
Act 368