SENATE BILL NO. 182 January 28, 1999, Introduced by Senators HAMMERSTROM, SIKKEMA, MC COTTER, NORTH and MC MANUS and referred to the Committee on Judiciary. 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 than102 2 grams of ephedrine, A SALT OF EPHEDRINE, AN ISOMER OF EPHED- 3 RINE, OR A SALT OF AN ISOMER OF EPHEDRINE, alone OR IN 4 COMBINATION, orina SUBSTANCE OR mixture CONTAINING EPHEDRINE, 5 A SALT OF EPHEDRINE, AN ISOMER OF EPHEDRINE, OR A SALT OF AN 6 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. 00117'99 JOJ 2 1 (3) This section does not apply to any of the following: 2 (a) A person whopossesses ephedrine pursuant to a license3issuedIS LICENSED, REGISTERED, OR OTHERWISE PERMITTED by this 4 state or the United States to manufacture,deliverDISTRIBUTE, 5 PRESCRIBE, dispense,possess with intent to manufacture or6deliver, or possessADMINISTER, 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 ISOMER OF EPHEDRINE, OR 9 A SALT OF AN ISOMER OF EPHEDRINE IN CONNECTION WITH THAT LICENSE, 10 REGISTRATION, OR PERMISSION. 11 (b) An individual who possesses ephedrine, A SALT OF EPHED- 12 RINE, AN ISOMER OF EPHEDRINE, OR A SALT OF AN ISOMER OF EPHEDRINE 13 pursuant to a prescription OR A RETAIL SALE PERMITTED UNDER SEC- 14 TION 17766D. 15 (c) A person who possesses ephedrine, A SALT OF EPHEDRINE, 16 AN ISOMER OF EPHEDRINE, OR A SALT OF AN ISOMER OF EPHEDRINE for 17retailsalepursuant to a license issued pursuant toAT 18 RETAIL SUBJECT TO THE TAX LEVIED UNDER the general sales tax act, 19Act No. 167 of the Public Acts of 1933, being sections 205.51 to20205.78 of the Michigan Compiled Laws1933 PA 167, MCL 205.51 TO 21 205.78, THAT IS IN COMPLIANCE WITH SECTION 17766D. 22 (d) A person who possesses ephedrine, A SALT OF EPHEDRINE, 23 AN ISOMER OF EPHEDRINE, OR A SALT OF AN ISOMER OF EPHEDRINE in 24 the course of his or her business of selling or transporting 25 ephedrine, A SALT OF EPHEDRINE, AN ISOMER OF EPHEDRINE, OR A SALT 26 OF AN ISOMER OF EPHEDRINE to a person described in subdivision 27 (a) or (c). 00117'99 3 1 (e) A person who, in the course of his or her business,2 stores ephedrine, A SALT OF EPHEDRINE, AN ISOMER OF EPHEDRINE, OR 3 A SALT OF AN ISOMER OF EPHEDRINE IN THE COURSE OF HIS OR HER 4 BUSINESS for sale or distribution to a person described in subdi- 5 vision (a), (c), or (d). 6 SEC. 17766D. (1) A PERSON SHALL NOT DELIVER A PRODUCT THAT 7 CONTAINS EPHEDRINE, A SALT OF EPHEDRINE, AN ISOMER OF EPHEDRINE, 8 OR A SALT OF AN ISOMER OF EPHEDRINE EXCEPT PURSUANT TO A PRE- 9 SCRIPTION OR AS A DISPENSING PRESCRIBER OR VETERINARIAN ACTING IN 10 THE SCOPE OF THAT PERSON'S PRACTICE. 11 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MIS- 12 DEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A 13 FINE OF NOT MORE THAN $1,000.00, OR BOTH. 14 (3) SUBSECTION (1) DOES NOT APPLY TO ANY OF THE FOLLOWING: 15 (A) SUBJECT TO SUBSECTION (5), THE SALE BY A MANUFACTURER, 16 WHOLESALE DISTRIBUTOR, OR RETAILER OF A PRODUCT DESCRIBED IN SUB- 17 SECTION (1) IF THE PRODUCT MAY BE LAWFULLY SOLD OVER THE COUNTER 18 WITHOUT A PRESCRIPTION UNDER THE FEDERAL ACT AND IF THE BOARD 19 DETERMINES AFTER NOTICE AND A HEARING THAT THE PRODUCT IS BOTH OF 20 THE FOLLOWING: 21 (i) LABELED AND MARKETED IN A MANNER CONSISTENT WITH THE 22 APPLICABLE FOOD AND DRUG ADMINISTRATION RULES AND GUIDELINES CON- 23 CERNING OVER-THE-COUNTER PRODUCTS. 24 (ii) MANUFACTURED AND DISTRIBUTED FOR LEGITIMATE MEDICAL USE 25 IN A MANNER THAT REDUCES OR ELIMINATES THE LIKELIHOOD OF ABUSE. 00117'99 4 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 UNDER OR LISTED IN SUBSECTION (3) IF THE BOARD DETERMINES AFTER 26 NOTICE AND A HEARING THAT THE PRODUCT DOES NOT MEET THE CRITERIA 27 OF SUBSECTION (3)(A)(i) AND (ii). 00117'99 5 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 ISOMERS, OR SALTS OF ITS ISOMERS 12 TO THE PUBLIC ON AN OVER-THE-COUNTER BASIS FOR INDICATIONS 13 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. 00117'99 6 1 Sec. 17770. Except as to the labeling of poisonous or 2 deleterious drugs and to adulterating, misbranding, and 3 substituting, this partshallDOES not apply TO ANY OF THE 4 FOLLOWING: 5 (a)To theTHE sale of paris green, white hellebore,and6 OR other insecticides. 7 (b)To theTHE sale of any substance for use in the arts. 8 (c)To theEXCEPT AS PROVIDED IN SECTION 17766D, THE 9 retailing ofnon-narcotic,A NONNARCOTIC or nonprescription 10 medicine or drugwhichTHAT is prepackaged, fully prepared by 11 the manufacturer or producer for use by the consumer, and labeled 12 in accordance with the requirements ofthe stateTHIS ACT and 13 THE federal act. 14 (d)To theTHE sale by merchants of ammonia, sulphur, 15anynonpoisonous flavoring essences or extracts, salt, bicar- 16 bonate of soda, or other prepackaged common household remedies or 17 any food or food productwhichTHAT mayalsobe found in any 18 of the official compendiums and is not also consideredasa 19 poisonous, deleterious, or habit forming drug. 20 (e)To surgicalSURGICAL or dental instruments and acces- 21 sories, hearing aids, gases, oxygen tents, gas pressure reducing 22 regulators, x-ray apparatus, therapeutic lamps, splints,andOR 23 stethoscopes,andtheircomponent parts and accessories OF 24 THOSE ITEMS, ortoequipment, instruments, apparatus, and con- 25 trivances used to render the articles effective in medical, sur- 26 gical, or dental treatment,;ortoarticles intended for 27 external use. 00117'99 7 1 (f)To articlesARTICLES or substances intended for 2 generally recognized mechanical, agricultural, horticultural, or 3 industrial consumption or use or photographic chemicals for home 4 use. 00117'99 Final page. 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