April 28, 2005, Introduced by Senators SCHAUER, BASHAM, SCOTT and LELAND and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 17766b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17766b. (1) Except as otherwise provided under this
section, 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, shall do each of the
following:
(a) Maintain all products that contain any compound, mixture,
or preparation containing any detectable quantity of ephedrine or
pseudoephedrine, a salt or optical isomer of ephedrine or
pseudoephedrine, or a salt of an optical isomer of ephedrine or
pseudoephedrine behind a counter where the public is not permitted
even if the product may be lawfully sold over the counter without a
prescription under federal law.
(b) Require the purchaser of a product described under
subdivision (a) to produce a valid photo identification that
includes the individual's name and date of birth and record the
same in a written log along with the date of the transaction and a
description of the product and the amount purchased.
(2) This section does not apply to either of the following:
(a) A pediatric product primarily intended for administration
to children under 12 years of age according to label instructions.
(b) A 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.
(3) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 2 years or
a fine of not more than $2,000.00, or both.
(4) A person who furnishes fraudulent identification to
purchase a product described under subsection (1)(a) is guilty of a
misdemeanor punishable by imprisonment for not more than 2 years or
a fine of not more than $2,000.00, or both.