SENATE BILL NO. 868
February 10, 1998, Introduced by Senators BERRYMAN and
SCHWARZ and referred to the Committee on Health Policy and Senior Citizens.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17766c and 17770 (MCL 333.17766c and
333.17770), section 17766c as added by 1994 PA 38, and by adding
section 17766d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 17766c. (1) A person shall not possess more than
10
2 2 grams of ephedrine, A SALT OF EPHEDRINE, AN OPTICAL ISOMER OF
3 EPHEDRINE, OR A SALT OF AN OPTICAL ISOMER OF EPHEDRINE, alone OR
4 IN COMBINATION, or in a SUBSTANCE OR mixture
CONTAINING EPHED-
5 RINE, A SALT OF EPHEDRINE, AN OPTICAL ISOMER OF EPHEDRINE, OR A
6 SALT OF AN OPTICAL ISOMER OF EPHEDRINE.
7 (2) A person who violates this section is guilty of a felony
8 punishable by imprisonment for not more than 2 years or a fine of
9 not more than $2,000.00, or both.
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1 (3) This section does not apply to any of the following:
2 (a) A person who possesses ephedrine pursuant to a
license
3 issued IS LICENSED, REGISTERED, OR OTHERWISE
PERMITTED by this
4 state or the United States to manufacture, deliver
DISTRIBUTE,
5 PRESCRIBE, dispense, possess with intent to manufacture or
6 deliver, or possess ADMINISTER, OR CONDUCT
RESEARCH WITH a con-
7 trolled substance, prescription drug, or other drug AND WHO POS-
8 SESSES EPHEDRINE, A SALT OF EPHEDRINE, AN OPTICAL ISOMER OF
9 EPHEDRINE, OR A SALT OF AN OPTICAL ISOMER OF EPHEDRINE IN CONNEC-
10 TION WITH THAT LICENSE, REGISTRATION, OR PERMISSION.
11 (b) An individual who possesses ephedrine, A SALT OF EPHED-
12 RINE, AN OPTICAL ISOMER OF EPHEDRINE, OR A SALT OF AN OPTICAL
13 ISOMER OF EPHEDRINE pursuant to a prescription OR A RETAIL SALE
14 PERMITTED UNDER SECTION 17766D.
15 (c) A person who possesses ephedrine, A SALT OF EPHEDRINE,
16 AN OPTICAL ISOMER OF EPHEDRINE, OR A SALT OF AN OPTICAL ISOMER OF
17 EPHEDRINE for retail sale pursuant to a
license issued pursu-
18 ant to AT RETAIL SUBJECT TO THE TAX LEVIED UNDER
the general
19 sales tax act, Act No. 167 of the Public Acts of 1933,
being
20 sections 205.51 to 205.78 of the Michigan Compiled Laws
1933 PA
21 167, MCL 205.51 TO 205.78, THAT IS IN COMPLIANCE WITH SECTION
22 17766D.
23 (d) A person who possesses ephedrine, A SALT OF EPHEDRINE,
24 AN OPTICAL ISOMER OF EPHEDRINE, OR A SALT OF AN OPTICAL ISOMER OF
25 EPHEDRINE in the course of his or her business of selling or
26 transporting ephedrine, A SALT OF EPHEDRINE, AN OPTICAL ISOMER OF
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1 EPHEDRINE, OR A SALT OF AN OPTICAL ISOMER OF EPHEDRINE to a
2 person described in subdivision (a) or (c).
3 (e) A person who , in the course of his or her
business,
4 stores ephedrine, A SALT OF EPHEDRINE, AN OPTICAL ISOMER OF
5 EPHEDRINE, OR A SALT OF AN OPTICAL ISOMER OF EPHEDRINE IN THE
6 COURSE OF HIS OR HER BUSINESS for sale or distribution to a
7 person described in subdivision (a), (c), or (d).
8 SEC. 17766D. (1) A PERSON SHALL NOT DELIVER A PRODUCT THAT
9 CONTAINS EPHEDRINE, A SALT OF EPHEDRINE, AN OPTICAL ISOMER OF
10 EPHEDRINE, OR A SALT OF AN OPTICAL ISOMER OF EPHEDRINE EXCEPT
11 PURSUANT TO A PRESCRIPTION OR AS A DISPENSING PRESCRIBER OR VET-
12 ERINARIAN ACTING IN THE SCOPE OF THAT PERSON'S PRACTICE.
13 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MIS-
14 DEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A
15 FINE OF NOT MORE THAN $1,000.00, OR BOTH.
16 (3) SUBSECTION (1) DOES NOT APPLY TO ANY OF THE FOLLOWING:
17 (A) SUBJECT TO SUBSECTION (5), THE SALE BY A MANUFACTURER,
18 WHOLESALE DISTRIBUTOR, OR RETAILER OF A PRODUCT DESCRIBED IN SUB-
19 SECTION (1) IF THE PRODUCT MAY BE LAWFULLY SOLD OVER THE COUNTER
20 WITHOUT A PRESCRIPTION UNDER THE FEDERAL ACT AND IF THE BOARD
21 DETERMINES AFTER NOTICE AND A HEARING THAT THE PRODUCT IS BOTH OF
22 THE FOLLOWING:
23 (i) LABELED AND MARKETED IN A MANNER CONSISTENT WITH
THE
24 APPLICABLE FOOD AND DRUG ADMINISTRATION RULES AND GUIDELINES CON-
25 CERNING OVER-THE-COUNTER PRODUCTS.
26 (ii) MANUFACTURED AND DISTRIBUTED FOR LEGITIMATE
MEDICAL USE
27 IN A MANNER THAT REDUCES OR ELIMINATES THE LIKELIHOOD OF ABUSE.
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1 (B) EXCEPT AS PROVIDED IN SUBSECTION (4), THE SALE BY A
2 MANUFACTURER, WHOLESALE DISTRIBUTOR, OR RETAILER OF 1 OR MORE OF
3 THE FOLLOWING PRODUCTS:
4 (i) BREATHE-AID.
5 (ii) BRONCARE.
6 (iii) BRONCHIAL CONGESTION.
7 (iv) BRONKAID TABLETS.
8 (v) BRONKAID DUAL ACTION CAPLETS.
9 (vi) BRONKOTABS.
10 (vii) BRONKOLIXIR.
11 (viii) NEORESPIN.
12 (ix) PAZO HEMORRHOID OINTMENT OR SUPPOSITORIES.
13 (x) PRIMATENE TABLETS.
14 (xi) PRIMATENE "DUAL ACTION" FORMULA.
15 (xii) QUELIDRINE.
16 (xiii) RESP.
17 (xiv) VATRONAL NOSE DROPS.
18 (C) THE DELIVERY OF A PRODUCT DESCRIBED IN SUBSECTION (1) TO
19 A PERSON LICENSED, REGISTERED, OR OTHERWISE PERMITTED BY THIS
20 STATE OR THE UNITED STATES TO MANUFACTURE, DISTRIBUTE, PRESCRIBE,
21 DISPENSE, ADMINISTER, OR CONDUCT RESEARCH WITH A CONTROLLED SUB-
22 STANCE, PRESCRIPTION DRUG, OR OTHER DRUG, IN CONNECTION WITH THAT
23 LICENSE, REGISTRATION, OR PERMISSION.
24 (4) THE BOARD MAY REMOVE THE EXEMPTION OF A PRODUCT EXEMPTED
25 OR LISTED IN SUBSECTION (3) IF THE BOARD DETERMINES AFTER NOTICE
26 AND A HEARING THAT THE PRODUCT DOES NOT MEET THE CRITERIA OF
27 SUBSECTION (3)(A)(i) AND (ii).
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1 (5) IN DETERMINING WHETHER TO EXEMPT A PRODUCT UNDER
2 SUBSECTION (3), THE BOARD SHALL CONSIDER ALL OF THE FOLLOWING:
3 (A) THE MANNER OF PACKAGING THE PRODUCT, INCLUDING THE PACK-
4 AGE SIZE.
5 (B) THE PRODUCT'S NAME AND LABELING.
6 (C) THE MANNER OF DISTRIBUTING, ADVERTISING, AND PROMOTING
7 THE PRODUCT.
8 (D) THE DURATION, SCOPE, AND SIGNIFICANCE OF ABUSE OF THE
9 PRODUCT.
10 (E) THE NEED TO PROVIDE MEDICALLY IMPORTANT THERAPIES CON-
11 TAINING EPHEDRINE, ITS SALTS OR OPTICAL ISOMERS, OR SALTS OF ITS
12 OPTICAL ISOMERS TO THE PUBLIC ON AN OVER-THE-COUNTER BASIS FOR
13 INDICATIONS APPROVED BY THE FOOD AND DRUG ADMINISTRATION.
14 (F) OTHER FACTS OR CONSIDERATIONS THE BOARD DETERMINES ARE
15 RELEVANT TO AND CONSISTENT WITH THE PUBLIC HEALTH AND SAFETY.
16 (6) NOT LESS THAN ONCE A YEAR, THE BOARD SHALL PUBLISH A
17 LIST OF PRODUCTS EXEMPTED UNDER SUBSECTION (3)(A) OR FOR WHICH
18 THE BOARD HAS REMOVED AN EXEMPTION UNDER SUBSECTION (4).
19 (7) AS USED IN THIS SECTION:
20 (A) "DELIVER" OR "DELIVERY" MEANS THE ACTUAL OR CONSTRUCTIVE
21 TRANSFER OR ATTEMPTED TRANSFER OF A PRODUCT DESCRIBED IN SUBSEC-
22 TION (1) FROM 1 PERSON TO ANOTHER, WHETHER OR NOT THERE IS AN
23 AGENCY RELATIONSHIP.
24 (B) "RETAILER" MEANS A PERSON WHO MAKES SALES AT RETAIL
25 SUBJECT TO THE TAX LEVIED UNDER THE GENERAL SALES TAX ACT, 1933
26 PA 167, MCL 205.51 TO 205.78.
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1 Sec. 17770. Except as to the labeling of poisonous or
2 deleterious drugs and to adulterating, misbranding, and
3 substituting, this part shall DOES not apply TO
ANY OF THE
4 FOLLOWING:
5 (a) To the THE sale of paris green, white
hellebore, and
6 OR other insecticides.
7 (b) To the THE sale of any substance for use
in the arts.
8 (c) To the EXCEPT AS PROVIDED IN SECTION
17766D, THE
9 retailing of non-narcotic, A NONNARCOTIC or
nonprescription
10 medicine or drug which THAT is prepackaged, fully
prepared by
11 the manufacturer or producer for use by the consumer, and labeled
12 in accordance with the requirements of the state
THIS ACT and
13 THE federal act.
14 (d) To the THE sale by merchants of ammonia,
sulphur,
15 any nonpoisonous flavoring essences or extracts,
salt, bicar-
16 bonate of soda, or other prepackaged common household remedies or
17 any food or food product which THAT may
also be found in any
18 of the official compendiums and is not also considered as
a
19 poisonous, deleterious, or habit forming drug.
20 (e) To surgical SURGICAL or dental
instruments and acces-
21 sories, hearing aids, gases, oxygen tents, gas pressure reducing
22 regulators, x-ray apparatus, therapeutic lamps, splints,
and OR
23 stethoscopes , and their
component parts and accessories OF
24 THOSE ITEMS, or to equipment, instruments,
apparatus, and con-
25 trivances used to render the articles effective in medical, sur-
26 gical, or dental treatment, ; or to
articles intended for
27 external use.
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1 (f) To articles ARTICLES or substances
intended for
2 generally recognized mechanical, agricultural, horticultural, or
3 industrial consumption or use or photographic chemicals for home
4 use.
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