reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6209 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6209 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to review of office of substance abuse services.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6211 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6211 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to formula recommendation for distribution of funds.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6213 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6213 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to powers of administrator.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6215 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6215 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to creation of state interdepartmental substance abuse services coordinating commission.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6217 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6217 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to duties of state interdepartmental substance abuse services coordinating commission.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6221 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6221 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to creation of advisory commission on substance abuse services.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6222 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6222 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to officers, meetings, and report of advisory commission on substance abuse services.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6223 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6223 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to duties of advisory commission on substance abuse services.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6226 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6226 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to city, county, or regional coordinating agency.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6228 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6228 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to duties of city, county, or regional coordinating agency.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6230 - Definitions.

333.6230 Definitions.
Sec. 6230.
As used in this part:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Director" means the director of the department or his or her designee.
(c) "Substance use disorder services" means substance use disorder prevention services or substance use disorder treatment and rehabilitation services, or both, as those terms are defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.
History:
Add. 2012, Act 501, Eff. Jan. 1, 2013
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6231 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6231 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Popular Name:
Act 368
Compiler's Notes:
The repealed section pertained to promulgation of administrative rules.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6232 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6232 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.
Compiler's Notes:
The repealed section pertained to waiting list for services.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6233 - License Required; Licensing Unit; Exceptions.

333.6233 License required; licensing unit; exceptions.
Sec. 6233.
(1) A person not otherwise licensed to provide psychological, medical, or social services shall not establish, conduct, or maintain a substance use disorder services program unless it is licensed under this part.
(2) The department shall establish a licensing unit to administer the licensing functions of this part.
(3) This section does not apply to a private, nonprofit organization exempt under section 501(c)(3)of the internal revenue code, 26 USC 501, that has been in existence since before September 30, 1965 and whose major purpose is to provide residential services for the redirection and improvement of drug abusers and other character disordered individuals.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013
Compiler's Notes:
For transfer of powers and duties of the Office of Substance Abuse Services as an autonomous entity within the Department of Public Health to the Department of Public Health, see E.R.O. No. 1991-3, as amended, compiled at MCL 333.26321 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 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6234 - Rules.

333.6234 Rules.
Sec. 6234.
The department may promulgate rules under the administrative procedures act of 1969 for the administration of this part and the licensing of substance use disorder services programs under this part. Rules promulgated under former section 6231 relating to the licensing of substance use disorder services programs remain effective and applicable on and after the effective date of this section until rules are promulgated by the department under this section.
History:
Add. 2012, Act 501, Eff. Jan. 1, 2013
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6235 - Application for License; Form; Authorization to Obtain Information; Evidence of Notice to Churches, Schools, and Incorporated Nonprofit Civic Organizations.

333.6235 Application for license; form; authorization to obtain information; evidence of notice to churches, schools, and incorporated nonprofit civic organizations.
Sec. 6235.
(1) An application for a license shall be in a form prescribed by the department and shall authorize the director to obtain from any source information as to the ability of the applicant to comply with this part and rules promulgated under this part.
(2) An applicant for an initial license shall include evidence of notice to churches, schools, and incorporated nonprofit civic organizations in the applicant's service delivery area of its intent to provide substance use disorder services.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013
Compiler's Notes:
For transfer of powers and duties of the Office of Substance Abuse Services as an autonomous entity within the Department of Public Health to the Department of Public Health, see E.R.O. No. 1991-3, as amended, compiled MCL 333.26321 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 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6236 - License; Comments by Individuals in Applicant's Service Delivery Area; Basis of Issuing or Denying License; Explanation of Denial.

333.6236 License; comments by individuals in applicant's service delivery area; basis of issuing or denying license; explanation of denial.
Sec. 6236.
The department shall provide an opportunity for individuals in the applicant's service delivery area to comment before the issuance of a license to the applicant. The department shall make the decision to issue or deny a license based on the applicant's ability to comply with the requirements of this part and rules promulgated under this part. If the administrative decision is the denial of a license, the department shall describe the reasons for the denial in writing to the applicant at the time the decision is rendered.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013
Compiler's Notes:
For transfer of powers and duties of the Office of Substance Abuse Services as an autonomous entity within the Department of Public Health to the Department of Public Health, see E.R.O. No. 1991-3, as amended, compiled at MCL 333.26321 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 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6237 - License; Annual Fee; Compliance; Display.

333.6237 License; annual fee; compliance; display.
Sec. 6237.
Until October 1, 2027, the department shall assess a $500.00 fee for licenses on an annual basis upon determining that the applicant has complied with this part and rules promulgated under this part. A licensee shall prominently display the license while it is in effect.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013 ;-- Am. 2015, Act 104, Eff. Oct. 1, 2015 ;-- Am. 2019, Act 75, Imd. Eff. Sept. 30, 2019 ;-- Am. 2023, Act 138, Imd. Eff. Sept. 29, 2023
Compiler's Notes:
For transfer of powers and duties of the Office of Substance Abuse Services as an autonomous entity within the Department of Public Health to the Department of Public Health, see E.R.O. No. 1991-3, as amended, compiled at MCL 333.26321 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 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6241 - Premises of Applicant; Inspection; Compliance; Facility Visit; Health and Sanitation Matters; Other Matters; Conduct.

333.6241 Premises of applicant; inspection; compliance; facility visit; health and sanitation matters; other matters; conduct.
Sec. 6241.
The director or the personnel of another department or agency acting at the request of the director may enter the premises of an applicant for a license or a licensee at any reasonable time to make an inspection to determine whether the applicant or licensee is complying with this part and rules promulgated under this part. A local health department may visit a facility at the request of the director to advise as to matters affecting health and the sanitation of the buildings used or other matters designated by the director. The inspections shall be conducted in accordance with standards established in rules.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013
Compiler's Notes:
For transfer of powers and duties of the Office of Substance Abuse Services as an autonomous entity within the Department of Public Health to the Department of Public Health, see E.R.O. No. 1991-3, as amended, compiled at MCL 333.26321 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 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6243 - License; Denial, Suspension, Revocation, or Refusal to Renew; Violation; Hearing and Appeal.

333.6243 License; denial, suspension, revocation, or refusal to renew; violation; hearing and appeal.
Sec. 6243.
The department may deny, suspend, revoke, or refuse to renew a license of an applicant or licensee who is in violation of this part or rules promulgated under this part after opportunity for a hearing. A hearing and an appeal in a contested case shall be conducted by the director pursuant to the administrative procedures act of 1969.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013
Compiler's Notes:
For transfer of powers and duties of the Office of Substance Abuse Services as an autonomous entity within the Department of Public Health to the Department of Public Health, see E.R.O. No. 1991-3, as amended, compiled at MCL 333.26321 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 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6249 - Individual, Agent, Representative, or Officer; Subject to Part; Violation; Misdemeanor; Revocation.

333.6249 Individual, agent, representative, or officer; subject to part; violation; misdemeanor; revocation.
Sec. 6249.
(1) An individual or an agent, representative, or officer of a person subject to this part, which individual, agent, representative, or officer violates this part, is guilty of a misdemeanor.
(2) A conviction for a violation of this part is a sufficient ground for revocation of the license of the person subject to this part.
History:
Add. 2012, Act 501, Eff. Jan. 1, 2013
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-62 - Part 62 Substance Abuse Services (333.6201...333.6251) › Section 333.6251 - Injunction or Other Process.

333.6251 Injunction or other process.
Sec. 6251.
Notwithstanding the existence of any other remedy, the department may maintain an action in the name of this state for an injunction or other process against a person to restrain or prevent the establishment, conduct, management, or operation of a substance use disorder services program without a license or where operation of the licensee's program is likely to result in serious harm to recipients of the substance use disorder services.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013
Compiler's Notes:
For transfer of powers and duties of the Office of Substance Abuse Services as an autonomous entity within the Department of Public Health to the Department of Public Health, see E.R.O. No. 1991-3, as amended, compiled at MCL 333.26321 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 6 - Substance Abuse (333.6101...333.6523) › 368-1978-6-65 - Part 65 Incapacitated Persons (Repealed by 2012 Pa 500) (333.6501...333.6523) › Section 333.6501-333.6523 - Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 2012.

333.6501-333.6523 Repealed. 2012, Act 500, Imd. Eff. Dec. 28, 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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7101 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

333.7101 Meanings of words and phrases; general definitions and principles of construction.
Sec. 7101.
(1) Except as otherwise provided in section 7341, for purposes of this article, the words and phrases defined in sections 7103 to 7109 have the meanings ascribed to them in those sections.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1984, Act 347, Eff. Mar. 29, 1985
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.For transfer of powers and duties of the bureau of health services from the department of consumer and industry services to the director of the department of community health by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7103 - Definitions; A.

333.7103 Definitions; A.
Sec. 7103.
(1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by a practitioner, or in the practitioner's presence by his or her authorized agent, or the patient or research subject at the direction and in the presence of the practitioner.
(2) "Administrator" means the Michigan board of pharmacy or its designated or established authority.
(3) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, dispenser, or prescriber. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7105 - Additional Definitions.

333.7105 Additional definitions.
Sec. 7105.
(1) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from 1 person to another of a controlled substance, whether or not there is an agency relationship.
(2) "Disciplinary subcommittee" means the disciplinary subcommittee for the board of pharmacy appointed under section 16216.
(3) "Dispense" means to deliver or issue a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, or compounding necessary to prepare the substance for the delivery or issuance.
(4) "Dispenser" means a practitioner who dispenses.
(5) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(6) "Distributor" means a person who distributes.
(7) "Drug" means a substance recognized as a drug in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals; a substance other than food intended to affect the structure or any function of the body of human beings or animals; or, a substance intended for use as a component of any article specified in this subsection. It does not include a device or its components, parts, or accessories.
(8) "Human consumption" means application, injection, inhalation, or ingestion by a human being.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- 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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7106 - Definitions; I to M.

333.7106 Definitions; I to M.
Sec. 7106.
(1) "Immediate precursor" means a substance that the administrator has found to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
(2) "Industrial hemp" means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
(3) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, 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, except that it does not include either of the following:
(a) The preparation or compounding of a controlled substance by an individual for his or her own use.
(b) The preparation, compounding packaging, or labeling of a controlled substance by either of the following:
(i) A practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her professional practice.
(ii) A practitioner, or by the practitioner's authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not for sale.
(4) "Marihuana" means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2014, Act 548, Imd. Eff. Jan. 15, 2015 ;-- Am. 2018, Act 642, Eff. Mar. 28, 2019 ;-- Am. 2021, Act 60, Eff. Oct. 11, 2021
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7107 - Definitions; N.

333.7107 Definitions; N.
Sec. 7107.
"Narcotic drug" means 1 or more of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (a), but not including the isoquinoline alkaloids of opium.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2001, Act 233, Eff. Jan. 6, 2003
Compiler's Notes:
Enacting section 1 of Act 233 of 2001 provides:“Enacting section 1. Sections 7104, 7107, and 7109 of the public health code, 1978 PA 368, MCL 333.7104, 333.7107, and 333.7109, as amended by this amendatory act, take effect upon the promulgation of the rules required under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, and receipt by the secretary of state of written notice from the director of the department of consumer and industry services that the electronic monitoring system required by section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, is operational. The notice to the secretary of state shall include a statement that the department of consumer and industry services is able to receive data from at least 80% of those required to report under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, and is able to respond to requests for data from persons authorized to make such requests and to review and utilize the data.”The rules required under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, pertaining to the operation of the electronic monitoring system, were promulgated on December 30, 2002. In addition, a written notice from the director of the department of consumer and industry services that the electronic monitoring system required by section 7333a of the public health code is operational was filed with, and received by, the secretary of state on January 6, 2003.
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7108 - Definitions; O.

333.7108 Definitions; O.
Sec. 7108.
(1) "Opiate" means a substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section 7212, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.
(2) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7111 - Controlled Substances Advisory Commission; Appointment and Qualifications of Members; Ex Officio Members; Secretary; Appointment and Qualifications of Drug Control Administrator.

333.7111 Controlled substances advisory commission; appointment and qualifications of members; ex officio members; secretary; appointment and qualifications of drug control administrator.
Sec. 7111.
(1) The controlled substances advisory commission in the department of commerce shall consist of the following 13 voting members appointed by the governor with the advice and consent of the senate:
(a) One health care professional from each of the following boards created in article 15:
(i) The Michigan board of medicine.
(ii) The Michigan board of osteopathic medicine and surgery.
(iii) The Michigan board of pharmacy.
(iv) The Michigan board of podiatric medicine and surgery.
(v) The Michigan board of dentistry.
(vi) The Michigan board of veterinary medicine.
(vii) The Michigan board of nursing.
(b) One licensed health care professional from the field of psychiatry.
(c) One licensed health care professional from the field of pharmacology.
(d) Three public members, 1 of whom shall serve as chairperson.
(e) One member representing pharmaceutical manufacturers.
(2) The director of the department of state police, director of commerce, director of public health, director of social services, superintendent of public instruction, and the attorney general, or their official designees, and the drug control administrator from within the department of commerce, who shall serve as secretary to the controlled substances advisory commission, are ex officio members without votes, but are not members for determining a quorum. The department of commerce, in consultation with the Michigan board of pharmacy, shall appoint an individual who is a licensed pharmacist to serve as the drug control administrator for purposes of this section.
History:
Add. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 1993, Act 138, Imd. Eff. Aug. 2, 1993
Popular Name:
Act 368
Compiler's Notes:
For transfer of controlled substances committee to the department of community health by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For renaming department of energy, labor, and economic growth to department of licensing and regulatory affairs, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7112 - Controlled Substances Advisory Commission; Compensation and Expenses; Terms; Vacancy; Meetings; Report; Recommendations.

333.7112 Controlled substances advisory commission; compensation and expenses; terms; vacancy; meetings; report; recommendations.
Sec. 7112.
(1) Members of the controlled substances advisory commission shall receive per diem compensation as established annually by the legislature and shall be reimbursed for expenses incurred pursuant to section 1216.
(2) The members of the controlled substances advisory commission shall serve for terms of 2 years. An individual shall not serve more than 2 terms and a partial term, consecutive or otherwise. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.
(3) The controlled substances advisory commission shall meet at least once each 3 months and shall report on its activities and make recommendations as described in section 7113 to the administrator, the governor, and the legislature at least annually.
History:
Add. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 138, Imd. Eff. Aug. 2, 1993
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7113a - Prescription Drug and Opioid Abuse Commission; Recommendations to Department of Education.

333.7113a Prescription drug and opioid abuse commission; recommendations to department of education.
Sec. 7113a.
By July 1, 2018, the prescription drug and opioid abuse commission established by Executive Order No. 2016-15 shall develop or adopt, and make available to the department of education, recommendations for the instruction of pupils on prescription opioid drug abuse. The recommendations required under this section must include, but are not limited to, recommendations for instruction on the prescription drug epidemic and the connection between prescription opioid drug abuse and addiction to other drugs.
History:
Add. 2017, Act 254, 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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7121 - Application and Construction of Article.

333.7121 Application and construction of article.
Sec. 7121.
(1) This article applies to violations of law, seizures and forfeitures, injunctive proceedings, administrative proceedings, and investigations which occur after its effective date.
(2) This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states which enact laws similar to it.
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7123 - Effect of Article on Rights and Duties, Penalties, Proceedings, Prosecutions, Sentencing, Civil Seizures or Forfeitures, Injunctive Proceedings, and Administrative Proceedings.

333.7123 Effect of article on rights and duties, penalties, proceedings, prosecutions, sentencing, civil seizures or forfeitures, injunctive proceedings, and administrative proceedings.
Sec. 7123.
(1) Rights and duties which have matured, penalties which have been incurred, proceedings which have been commenced and prosecutions for violations of law occurring before the effective date of this article are not affected or abated by this article. If, before April 1, 1972, an individual committed an offense similar to an offense set forth in part 74 but has not been sentenced as of the effective date of this article, the sentencing judge shall not impose a sentence in excess of the penalty prescribed in part 74 for the similar offense.
(2) Civil seizures or forfeitures and injunctive proceedings commenced before the effective date of this article are not affected by this article.
(3) Administrative proceedings pending under Act No. 196 of the Public Acts of 1971, as amended, being sections 335.301 to 335.367 of the Michigan Compiled Laws, shall be continued and brought to a final determination in accordance with the laws and rules in effect before the effective date of this article.
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) › 368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125) › Section 333.7125 - Continuation of Order or Rule.

333.7125 Continuation of order or rule.
Sec. 7125.
An order or rule promulgated under a law affected by this article and in effect on the effective date of this article and not in conflict with this article shall continue in effect until modified, superseded, or rescinded.
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 333.7201 - Administration of Article; Adding, Deleting, or Rescheduling Substances.

333.7201 Administration of article; adding, deleting, or rescheduling substances.
Sec. 7201.
The administrator shall administer this article and may add substances to, or delete or reschedule all substances enumerated in the schedules in sections 7212, 7214, 7216, 7218, and 7220 in compliance with the administrative procedures act of 1969.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 182, Imd. Eff. June 19, 2012
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).
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
Admin Rule:
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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7202 - Considerations in Making Determination Regarding Substance; Emergency Rule.

333.7202 Considerations in making determination regarding substance; emergency rule.
Sec. 7202.
(1) In making a determination regarding a substance, the administrator shall consider all of the following:
(a) The actual or relative potential for abuse.
(b) The scientific evidence of its pharmacological effect, if known.
(c) The state of current scientific knowledge regarding the substance.
(d) The history and current pattern of abuse.
(e) The scope, duration, and significance of abuse.
(f) The risk to the public health.
(g) The potential of the substance to produce psychic or physiological dependence liability.
(h) Whether the substance is an immediate precursor of a substance already controlled under this article.
(2) In making a determination regarding a substance that is the subject of an emergency rule, the administrator shall consider all of the factors set forth in subsection (1) and shall also consider whether the administrator has been notified that the substance constitutes an imminent danger as defined in section 2251.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 182, Imd. Eff. June 19, 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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7203 - Findings; Rule Controlling Substance; Imminent Danger; Extension of Emergency Rule; Substance as Precursor of Controlled Precursor.

333.7203 Findings; rule controlling substance; imminent danger; extension of emergency rule; substance as precursor of controlled precursor.
Sec. 7203.
(1) After considering the factors enumerated in section 7202(1), the administrator shall make findings with respect to those factors and promulgate a rule controlling the substance if the administrator finds the substance has a potential for abuse.
(2) If the administrator is notified in writing by the director of the department of community health under section 2251 that a substance constitutes an imminent danger as defined in that section, the administrator shall consider the factors enumerated in section 7202(1) and (2) and make findings with respect to those factors and may do either or both of the following:
(a) Proceed under section 48(2) of the administrative procedures act of 1969, 1969 PA 306, MCL 28.248, to schedule or reschedule the substance as a controlled substance by emergency rule.
(b) Initiate and pursue the process to promulgate a rule controlling the substance.
(3) The administrator may extend an emergency rule processed under subsection (2)(a) by filing a certificate of extension with the office of secretary of state before the expiration of the emergency rule as provided in section 48(2) of the administrative procedures act of 1969.
(4) If the administrator designates a substance as an immediate precursor, a substance that is a precursor of the controlled precursor is not subject to control solely because it is a precursor of the controlled precursor.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2012, Act 182, Imd. Eff. June 19, 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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7204 - Substance Designated, Rescheduled, or Deleted as Controlled Substance Under Federal Law; Notice; Board Meeting; Similar Control of Substance by Administrator; Publication of Reasons for Determination.

333.7204 Substance designated, rescheduled, or deleted as controlled substance under federal law; notice; board meeting; similar control of substance by administrator; publication of reasons for determination.
Sec. 7204.
If a substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice of that designation, rescheduling, or deletion is given to the administrator, the substance shall be similarly scheduled under section 7201 unless the administrator holds a board meeting within the expiration of 91 days after notice is received to determine whether the substance should be similarly controlled under section 7201. If the administrator decides not to similarly control the substance, the administrator shall, within 91 days after that decision is made, publish the reasons for that determination.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1994, Act 38, Eff. June 1, 1994 ;-- Am. 2012, Act 182, Imd. Eff. June 19, 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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7206 - Scientific Advisory Commission; Creation; Purpose; Appointment and Terms of Members; Recommendations.

333.7206 Scientific advisory commission; creation; purpose; appointment and terms of members; recommendations.
Sec. 7206.
(1) A 7-member scientific advisory commission is created to serve as a consultative and advisory body to the administrator in all matters relating to the classification, reclassification, addition to, or deletion from, all substances presently classified as controlled substances in schedules 1 to 5, or substances not presently controlled or yet to come into being. The scientific advisory commission shall be composed of 2 physicians to be appointed by the director of public health; 2 pharmacists to be appointed by the director of commerce; the chief of the crime detection laboratory of the department of public health; the director of mental health or his or her designee; and the director of the department of state police or his or her designee. The physician and pharmacist appointments shall be for 2-year terms.
(2) The administrator shall receive the recommendations of the scientific advisory commission pursuant to administration over the controlled substances for inclusion in or exclusion from schedules 1 to 5, especially in the implementation of scheduled substances changes as provided in section 7201, except that the administrator is not bound by recommendations of the scientific advisory commission.
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) › 368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231) › Section 333.7208 - Authority to Control; Exclusions.

333.7208 Authority to control; exclusions.
Sec. 7208.
(1) Authority to control under this article does not extend to distilled spirits, wine, malt beverages, or tobacco.
(2) Except as provided in section 7220(1)(c), the administrator shall exclude a nonnarcotic substance from a schedule if the substance, under the federal food, drug, and cosmetic act of 1938, 21 U.S.C. 301 to 392, and the laws of this state, may be lawfully sold over the counter without a prescription.
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 333.7210 - Inclusion of Controlled Substances by Whatever Name Designated.

333.7210 Inclusion of controlled substances by whatever name designated.
Sec. 7210.
The controlled substances listed or to be listed in the schedules in sections 7212, 7214, 7216, 7218, and 7220 are included by whatever official, common, usual, chemical, or trade name designated.
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 333.7211 - Schedule 1; Placement of Substance.

333.7211 Schedule 1; placement of substance.
Sec. 7211.
The administrator shall place a substance in schedule 1 if it finds that the substance has high potential for abuse and has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
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 333.7213 - Schedule 2; Placement of Substance.

333.7213 Schedule 2; placement of substance.
Sec. 7213.
The administrator shall place a substance in schedule 2 if it finds all of the following:
(a) The substance has high potential for abuse.
(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions.
(c) The abuse of the substance may lead to severe psychic or physical dependence.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368