Bill Text: MI HB5363 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Crimes; controlled substances; purchasing or possessing ephedrine or pseudoephedrine knowing or having reason to know it is intended to be used to manufacture methamphetamine; prohibit, and provide a penalty. Amends sec. 17766c of 1978 PA 368 (MCL 333.17766c).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-16 - Assigned Pa 216'14 With Immediate Effect [HB5363 Detail]
Download: Michigan-2013-HB5363-Introduced.html
HOUSE BILL No. 5363
February 26, 2014, Introduced by Rep. Price and referred to the Committee on Criminal Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17766c (MCL 333.17766c), as amended by 2011 PA
86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17766c. (1) A person shall not do any of the following:
(a) Purchase more than 3.6 grams of ephedrine or
pseudoephedrine alone or in a mixture within a single calendar day.
(b) Purchase more than 9 grams of ephedrine or pseudoephedrine
alone or in a mixture within a 30-day period.
(c) Possess more than 12 grams of ephedrine or pseudoephedrine
alone or in a mixture.
(d) Purchase or possess any amount of ephedrine or
pseudoephedrine knowing or having reason to know that it is to be
used to manufacture methamphetamine.
(2) A person who violates this section is guilty of a crime as
follows:
(a) A person who violates subsection (1)(a) or (b) is guilty
of a misdemeanor punishable by imprisonment for not more than 93
days or a fine of not more than $500.00, or both.
(b) A person who violates subsection (1)(c) is guilty of a
felony punishable by imprisonment for not more than 2 years or a
fine of not more than $2,000.00, or both.
(c) A person who violates subsection (1)(d) is guilty of a
felony and shall be punished by imprisonment for not less than 1
year or more than 20 years and, in addition, may be fined not more
than $10,000.00. 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 this subdivision.
(3) This section does not apply to any of the following:
(a) A person who possesses ephedrine or pseudoephedrine
pursuant to a license issued by this state or the United States to
manufacture, deliver, dispense, possess with intent to manufacture
or deliver, or possess a controlled substance, prescription drug,
or other drug.
(b) An individual who possesses ephedrine or pseudoephedrine
pursuant to a prescription.
(c) A person who possesses ephedrine or pseudoephedrine for
retail sale pursuant to a license issued under the general sales
tax act, 1933 PA 167, MCL 205.51 to 205.78.
(d) A person who possesses ephedrine or pseudoephedrine in the
course of his or her business of selling or transporting ephedrine
or pseudoephedrine to a person described in subdivision (a) or (c).
(e) A person who, in the course of his or her business, stores
ephedrine or pseudoephedrine for sale or distribution to a person
described in subdivision (a), (c), or (d).
(f) Any product that the state board of pharmacy, upon
application of a manufacturer, exempts from this section because
the product has been formulated in such a way as to effectively
prevent the conversion of the active ingredient into
methamphetamine.
(g) Possession of any pediatric product primarily intended for
administration to children under 12 years of age according to label
instructions.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
