HB-4564, As Passed House, September 28, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4564

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.

alone or in a mixture.

(d) Except as provided in subsection (4), use or attempt to

use a false identification or the identification of another person

to purchase a product that contains any compound, mixture, or

preparation containing any detectable quantity of ephedrine or

pseudoephedrine.

(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.

misdemeanor punishable by imprisonment for not more than 93 days or

a fine of not more than $100.00, or both.

(3) ~~This section~~ Subsection (1)(a) to (c) 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.

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.

(4) Subsection (1)(d) does not apply to a person who

participates in either of the following:

(a) An undercover operation in which the individual purchases

or receives a product that contains any compound, mixture, or

preparation containing any detectable quantity of ephedrine or

pseudoephedrine as described in subsection (1) under the direction

of the person's employer and with the prior approval of the local

prosecutor's office as part of an employer-sponsored internal

enforcement action.

(b) An undercover operation in which the individual purchases

or receives a product that contains any compound, mixture, or

preparation containing any detectable quantity of ephedrine or

pseudoephedrine as described in subsection (1) under the direction

of the state police or local law enforcement agency as part of an

enforcement action unless the initial or contemporaneous purchase