SENATE Substitute For
HOUSE BILL NO. 4412
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 17766g.
The people of the state of michigan enact:
Sec. 17766g. (1) Except as otherwise provided in
subsection (4), a person shall not knowingly or willfully sell or trade a
finished drug product containing any quantity of dextromethorphan to a minor.
(2) A person
making a retail sale of a finished drug product containing any quantity of
dextromethorphan must require and obtain proof of age from the purchaser before
completing the sale, unless from the purchaser's outward appearance the person
making the sale would reasonably presume the purchaser to be at least 25 years
of age.
(3) Except as
otherwise provided in subsection (4), a minor shall not purchase a finished
drug product containing any quantity of dextromethorphan.
(4) This section
does not apply to a medication containing dextromethorphan that is sold
pursuant to a valid prescription.
(5) This section
preempts any county, city, village, or township ordinance or resolution
regulating the sale, distribution, receipt, or possession of dextromethorphan.
A county, city, village, or township shall not enact, adopt, maintain, or
enforce an ordinance or resolution that imposes conflicting, different, or
additional standards or requirements than those provided in this section on the
sale, distribution, receipt, or possession of dextromethorphan.
(6) A person that
violates subsection (1) is responsible for a state civil infraction as provided
under chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL
600.8801 to 600.8835, and may be ordered to pay a civil fine of not more than $100.00
for each violation.
(7) An individual
who violates subsection (3) is responsible for a state civil infraction as
provided under chapter 88 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.8801 to 600.8835, and may be ordered to pay a civil fine of not more
than $50.00 for each violation.
(8) As used in
this section:
(a)
"Dextromethorphan" means the dextrorotatory isomer of
3-methoxy-N-methyl-morphinan and its salts.
(b)
"Finished drug product" means that term as defined in 21 CFR 207.1.
(c) "Proof
of age" means a valid government-issued photo identification that includes
the purchaser's name and date of birth, including, but not limited to, a
military identification card, passport, or driver license.
Enacting section 1. This amendatory act takes effect July 1, 2020.