August 3, 2005, Introduced by Rep. Stakoe and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7453 (MCL 333.7453), as added by 1988 PA 139;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7453. (1) Subject to subsection (2), a A person
shall
not
sell or offer for sale drug paraphernalia. , knowing 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 drug paraphernalia. The
notice
also shall request that the person refrain from selling or
offering
for sale the material and shall 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 for the person against a
prosecution
under section 7453, as long as the compliance
continues.
Enacting section 1. Sections 7459 and 7461 of the public
health code, 1978 PA 368, MCL 333.7459 and 333.7461, are repealed.