HB-5822, As Passed Senate, June 1, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5822

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 7340.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7340. (1) A person shall not sell, distribute, deliver,

or otherwise furnish a product that contains any compound, mixture,

or preparation containing any detectable quantity of ephedrine or

pseudoephedrine, a salt or optical isomer of ephedrine or

pseudoephedrine, or a salt of an optical isomer of ephedrine or

pseudoephedrine to an individual if the sale is transacted through

use of the mail, internet, telephone, or other electronic means.

     (2) This section does not apply to any of the following:

     (a) A pediatric product primarily intended for administration

to children under 12 years of age according to label instructions.

House Bill No. 5822 as amended May 30 and June 1, 2006

     (b) A product containing pseudoephedrine that is in a liquid

form if pseudoephedrine is not the only active ingredient.

     (c) A product that the state board of pharmacy, upon

application of the manufacturer or certification by the United

States drug enforcement administration as inconvertible, 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.

     (d) A person who dispenses a product described in subsection

(1) pursuant to a prescription.

     (e) A person who, in the course of his or her business, sells

or distributes products described in subsection (1) to either of

the following:

     (i) A person licensed by this state to manufacture, deliver,

dispense, or possess with intent to manufacture or deliver a

controlled substance, prescription drug, or other drug.

     (ii) A person who orders those products described in subsection

(1) for retail sale pursuant to a license issued under the general

sales tax act, 1933 PA 167, MCL 205.51 to 205.78.

<<(f) A manufacturer or distributor who donates product samples to a nonprofit charitable organization that has tax-exempt status pursuant to section 501(c)(3) of the internal revenue code of 1986, a licensed practitioner, or a governmental entity.>>

     (3) A person who violates this section is guilty of a felony

punishable by imprisonment for not more than 4 years or a fine of

not more than $5,000.00, or both.

     <<Enacting section 1. This amendatory act takes effect October 1, 2006.

     Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1282 of the 93rd Legislature is enacted into law.>>