EPHEDRINE/PSEUDOEPHEDRINE: 

REVISE ALLOWABLE AMOUNTS FOR PURCHASE

House Bill 5667 (proposed Substitute H-1)

Sponsor:  Rep. John Kivela

Committee:  Criminal Justice

Complete to 9-16-16

SUMMARY:

The bill lowers the allowable amount of ephedrine or pseudoephedrine that a person may buy within a 30-day period and establishes a yearly limit of no more than 61.2 grams.

House Bill 5667 would amend a provision within the Public Health Code that sets daily and monthly limits on the amount of ephedrine and pseudoephedrine, contained in cold and allergy products, that a person may purchase.  Specifically, the bill lowers from 9 grams to 7.2 grams the amount of ephedrine or pseudoephedrine, whether alone or in a mixture, that a person may purchase within a 30-day period.  The bill also prohibits the purchase of more than 61.2 grams of ephedrine or pseudoephedrine, alone or in a mixture, that a person may purchase within a single calendar year.  (The daily limit is 3.6 grams; this amount will not be revised by the bill.)

Purchasing more of the substances than the daily or monthly limit allows is a misdemeanor punishable by imprisonment for not more than 93 days and/or a fine of not more than $500.  The bill will apply this same penalty to exceeding the yearly limit.

The bill takes effect 90 days after enactment.

MCL 333.17766c

BACKGROUND INFORMATION:

How much is 3.6 grams of pseudoephedrine?  According to Appriss, Inc., 3.6 grams is the amount found in:

o   One 15-count box of a 24-hour allergy medicine (15 pills x 240 mg per pill = 3.6 grams);

o   Three 10-count boxes of a 12-hour cold medicine (30x 120 mg = 3.6 grams); or

o   Six 20-count boxes of a four-six hour cold medicine (120 x 30 mg = 3.6 grams).

FISCAL IMPACT:

New misdemeanor convictions would increase costs related to county jails and/or local misdemeanor probation supervision.  The costs of local incarceration in a county jail and local misdemeanor probation supervision vary by jurisdiction.  The impact on local court systems would depend on how the provisions of the bill affected caseloads and related administrative costs.  Increased penal fine revenue would benefit local libraries, which are the constitutionally-designated recipients of those revenues. 

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Robin Risko

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