March 2, 2006, Introduced by Reps. Jones, Schuitmaker, Moore, David Law, Kahn, Shaffer, Newell, Accavitti, Kooiman, Moolenaar, Booher, Stahl, Taub, Hansen, Proos, Pearce and Polidori and referred to the Committee on Health Policy.
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.
(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, 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.
(3) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $5,000.00, or both.