Bill Text: MI SB0057 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Controlled substances: drug paraphernalia; sale of nitrous oxide devices; prohibit. Amends sec. 7453 of 1978 PA 368 (MCL 333.7453). TIE BAR WITH: SB 0058'23
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2024-03-12 - Assigned Pa 0018'24 With Immediate Effect [SB0057 Detail]
Download: Michigan-2023-SB0057-Chaptered.html
Act No. 18
Public Acts of 2024
Approved by the Governor
March 12, 2024
Filed with the Secretary of State
March 12, 2024
EFFECTIVE DATE: June 10, 2024
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Senators Chang, Bellino, Cherry, Wojno, Polehanki, Klinefelt, Santana, Bayer and McMorrow
ENROLLED SENATE BILL No. 57
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7453 (MCL 333.7453), as added by 1988 PA 139.
The People of the State of Michigan enact:
Sec. 7453. (1) Subject to subsection (2), a person shall not sell or offer for sale an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia, knowing that the object specifically designed for inhaling nitrous oxide for recreational purposes will be used to inhale nitrous oxide for recreational purposes or that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(2) Before a person is arrested for a violation of subsection
(1), the attorney general or a prosecuting attorney shall notify the person in
writing, not less than 2 business days before the person is to be arrested,
that the person is in possession of specific, defined material that has been
determined by the attorney general or prosecuting attorney to be an object
specifically designed for inhaling nitrous oxide for recreational purposes or drug
paraphernalia. The notice also must request that the person refrain from
selling or offering for sale the material and must state that if the person
complies with the notice, no arrest will be made for a violation of subsection
(1).
(3) If a person complies with a notice sent under subsection (2), the compliance is a complete defense in a prosecution under this section, as long as the compliance continues.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 58 of the 102nd Legislature is enacted into law.
This
act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
