SENATE BILL No. 928

 

 

April 11, 2018, Introduced by Senator CASPERSON and referred to the Committee on Health Policy.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 17766c (MCL 333.17766c), as amended by 2014 PA

 

216.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17766c. (1) A person shall not do any of the following:

 

     (a) Purchase more than 3.6 grams of ephedrine or

 

pseudoephedrine alone or in a mixture within a single calendar day.

 

     (b) Purchase more than 9 7.2 grams of ephedrine or

 

pseudoephedrine alone or in a mixture within a 30-day period.

 

     (c) Possess more than 12 grams of ephedrine or pseudoephedrine

 

alone or in a mixture.

 

     (d) Purchase or possess any amount of ephedrine or

 

pseudoephedrine knowing or having reason to know that it is to be

 

used to manufacture methamphetamine.

 

     (e) Purchase more than 61.2 grams of ephedrine or

 

pseudoephedrine alone or in a mixture within a single calendar

 

year.

 

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

 

crime as follows:

 

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

 

(e) is guilty of a misdemeanor punishable by imprisonment for not

 

more than 93 days or a fine of not more than $500.00, or both.

 

     (b) A person who that violates subsection (1)(c) is guilty of

 

a felony punishable by imprisonment for not more than 2 years or a

 

fine of not more than $2,000.00, or both.

 

     (c) A person who that violates subsection (1)(d) is guilty of

 

a felony punishable by imprisonment for not more than 5 years or a

 

fine of not more than $5,000.00, or both. This subdivision does not

 

prohibit the person from being charged with, convicted of, and

 

sentenced for any other violation of law arising out of the

 

violation of subsection (1)(d).

 

     (3) This section does not apply to any of the following:

 

     (a) A person who that possesses ephedrine or pseudoephedrine

 

pursuant to a license issued by this state or the United States to

 

manufacture, deliver, dispense, possess with intent to manufacture

 

or deliver, or possess a controlled substance, prescription drug,

 

or other drug.

 

     (b) An individual who possesses ephedrine or pseudoephedrine

 

pursuant to a prescription.

 

     (c) A person who that possesses ephedrine or pseudoephedrine

for retail sale pursuant to a license issued under the general

 

sales tax act, 1933 PA 167, MCL 205.51 to 205.78.

 

     (d) A person who that possesses ephedrine or pseudoephedrine

 

in the course of his or her business of selling or transporting

 

ephedrine or pseudoephedrine to a person described in subdivision

 

(a) or (c).

 

     (e) A person who, that, in the course of his or her business,

 

stores ephedrine or pseudoephedrine for sale or distribution to a

 

person described in subdivision (a), (c), or (d).

 

     (f) Any product that the state Michigan board of pharmacy,

 

upon application of a manufacturer, exempts from this section

 

because the product has been formulated in such a way as to

 

effectively prevent the conversion of the active ingredient into

 

methamphetamine.

 

     (g) Possession of any pediatric product primarily intended for

 

administration to children under 12 years of age according to label

 

instructions.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.