PROHIBIT BUYING OR POSSESSING EPHEDRINE

OR PSEUDOEHEDRINE FOR MAKING METH

Senate Bill 563 (Substitute S-1)

Senate Bill 564 (Substitute S-1)

Sponsor:  Sen. John Proos

House Committee:  Criminal Justice

Senate Committee:  Judiciary

Complete to 4-29-14

A SUMMARY OF SENATE BILLS 563 AND 564 AS PASSED BY THE SENATE 2-20-14

Senate Bill 564 would amend the Public Health Code (MCL 333.17766c) to prohibit a person from purchasing or possessing any amount of ephedrine or pseudoephedrine knowing or having reason to know that it is intended to be used to manufacture methamphetamine.

A violation would be a felony punishable by imprisonment for not more than 10 years and/or a fine of not more than $10,000.  The bill would not prohibit the person from being charged with, convicted of, and sentenced for any other violation of law arising out of a violation of this bill.

Senate Bill 563 would amend the Code of Criminal Procedure (MCL 777.13n) to place the felony penalty in the sentencing guidelines.  Specifically, the bill would make purchasing or possessing ephedrine knowing or having reason to know that it is intended to be used to manufacture methamphetamine a Class D felony involving a controlled substance with a 10-year maximum term of imprisonment. 

Both bills would take effect 90 days after enactment.

FISCAL IMPACT:

A fiscal analysis is in process.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.