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368-1978-7-71 - Part 71 General Provisions (333.7101...333.7125)
Section 333.7101 - Meanings of Words and Phrases; General Definitions and Principles of Construction. - Sec. 7101. (1) Except as otherwise provided in section 7341,...
Section 333.7103 - Definitions; A. - Sec. 7103. (1) "Administer" means the direct application of a...
Section 333.7104 - Definitions; B to E. - Sec. 7104. (1) "Bona fide prescriber-patient relationship" means a treatment...
Section 333.7105 - Additional Definitions. - Sec. 7105. (1) "Deliver" or "delivery" means the actual, constructive,...
Section 333.7106 - Definitions; I to M. - Sec. 7106. (1) "Immediate precursor" means a substance that the...
Section 333.7107 - Definitions; N. - Sec. 7107. "Narcotic drug" means 1 or more of the...
Section 333.7108 - Definitions; O. - Sec. 7108. (1) "Opiate" means a substance having an addiction-forming...
Section 333.7109 - Definitions; P to U. - Sec. 7109. (1) "Person" means a person as defined in...
Section 333.7111 - Controlled Substances Advisory Commission; Appointment and Qualifications of Members; Ex Officio Members; Secretary; Appointment and Qualifications of Drug Control Administrator. - Sec. 7111. (1) The controlled substances advisory commission in the...
Section 333.7112 - Controlled Substances Advisory Commission; Compensation and Expenses; Terms; Vacancy; Meetings; Report; Recommendations. - Sec. 7112. (1) Members of the controlled substances advisory commission...
Section 333.7113 - Controlled Substances Advisory Commission; Monitoring; Investigations; Plan of Action; Annual Report; Establishment and Use of Standardized Data Base Format; Transmission of Information. - Sec. 7113. (1) The controlled substances advisory commission shall monitor...
Section 333.7113a - Prescription Drug and Opioid Abuse Commission; Recommendations to Department of Education. - Sec. 7113a. By July 1, 2018, the prescription drug and...
Section 333.7121 - Application and Construction of Article. - Sec. 7121. (1) This article applies to violations of law,...
Section 333.7123 - Effect of Article on Rights and Duties, Penalties, Proceedings, Prosecutions, Sentencing, Civil Seizures or Forfeitures, Injunctive Proceedings, and Administrative Proceedings. - Sec. 7123. (1) Rights and duties which have matured, penalties...
Section 333.7125 - Continuation of Order or Rule. - Sec. 7125. An order or rule promulgated under a law...
368-1978-7-72 - Part 72 Standards and Schedules (333.7201...333.7231)
Section 333.7201 - Administration of Article; Adding, Deleting, or Rescheduling Substances. - Sec. 7201. The administrator shall administer this article and may...
Section 333.7202 - Considerations in Making Determination Regarding Substance; Emergency Rule. - Sec. 7202. (1) In making a determination regarding a substance,...
Section 333.7203 - Findings; Rule Controlling Substance; Imminent Danger; Extension of Emergency Rule; Substance as Precursor of Controlled Precursor. - Sec. 7203. (1) After considering the factors enumerated in section...
Section 333.7204 - Substance Designated, Rescheduled, or Deleted as Controlled Substance Under Federal Law; Notice; Board Meeting; Similar Control of Substance by Administrator; Publication of Reasons for Determination. - Sec. 7204. If a substance is designated, rescheduled, or deleted...
Section 333.7206 - Scientific Advisory Commission; Creation; Purpose; Appointment and Terms of Members; Recommendations. - Sec. 7206. (1) A 7-member scientific advisory commission is created...
Section 333.7208 - Authority to Control; Exclusions. - Sec. 7208. (1) Authority to control under this article does...
Section 333.7210 - Inclusion of Controlled Substances by Whatever Name Designated. - Sec. 7210. The controlled substances listed or to be listed...
Section 333.7211 - Schedule 1; Placement of Substance. - Sec. 7211. The administrator shall place a substance in schedule...
Section 333.7212 - Schedule 1; Controlled Substances Included. - Sec. 7212. (1) The following controlled substances are included in...
Section 333.7213 - Schedule 2; Placement of Substance. - Sec. 7213. The administrator shall place a substance in schedule...
Section 333.7214 - Schedule 2; Controlled Substances Included. - Sec. 7214. The following controlled substances are included in schedule...
Section 333.7215 - Schedule 3; Placement of Substance. - Sec. 7215. The administrator shall place a substance in schedule...
Section 333.7216 - Schedule 3; Controlled Substances Included; Rules. - Sec. 7216. (1) The following controlled substances are included in...
Section 333.7217 - Schedule 4; Placement of Substance. - Sec. 7217. The administrator shall place a substance in schedule...
Section 333.7218 - Schedule 4; Controlled Substances Included. - Sec. 7218. (1) The following controlled substances are included in...
Section 333.7219 - Schedule 5; Placement of Substance. - Sec. 7219. The administrator shall place a substance in schedule...
Section 333.7220 - Schedule 5; Controlled Substances Included. - Sec. 7220. (1) The following controlled substances are included in...
Section 333.7227 - Substances Excluded From Schedules of Controlled Substances; Excluded Substance as Deleterious Drug; Manufacturing, Distributing, or Dispensing Excluded Substance. - Sec. 7227. (1) A nonnarcotic substance that under the federal...
Section 333.7229 - Excepted Compound, Mixture, or Preparation; Compliance. - Sec. 7229. A compound, mixture, or preparation containing a depressant...
Section 333.7231 - Notice of Change in Scheduling or Rescheduling. - Sec. 7231. The administrator shall notify all registrants under this...
368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341)
Section 333.7301 - Rules. - Sec. 7301. The administrator may promulgate rules relating to the...
Section 333.7301a - Licensing Activities Subject to Certain Provisions. - Sec. 7301a. Licensing activities conducted under this part are subject...
Section 333.7302 - Labeling Controlled Substances; Contents of Label; Altering, Defacing, or Removing Label. - Sec. 7302. (1) Controlled substances manufactured or distributed in this...
Section 333.7302a - Identification of Certain Prescription Drugs and Manufacturer or Distributor; Descriptive Material; National Registry of Prescription Drugs; Exemptions; Rules; “Prescription Drug” Defined; Violation as Misdemeanor; Penalty. - Sec. 7302a. (1) A prescription drug that is in finished...
Section 333.7303 - License Required; Renewal; Scope of Authority; Compliance; Additional Requirements; Persons Exempted; Waiving or Imposing Requirement for Licensure; Separate License for Each Principal Place of Business or Professional Practice; In... - Sec. 7303. (1) A person who manufactures, distributes, prescribes, or...
Section 333.7303a - Licensed Prescriber; Administering or Dispensing Controlled Substance Without Separate License; Prescriber in Bona Fide Prescriber-Patient Relationship With Patient; Follow-Up Care; Use of Other Controlled Substances; Recording Re... - Sec. 7303a. (1) A prescriber who holds a controlled substances...
Section 333.7303b - First Prescription in Single Course of Treatment for Controlled Substance Containing Opioid; Issuance to Minor by Prescriber; Requirements; Exceptions; Talking Consent Form Authorizing Adult to Consent to Minor's Medical Treatment... - Sec. 7303b. (1) Except as otherwise provided in this section,...
Section 333.7303c - Information to Be Provided Before Controlled Substance Containing Opioid Is Prescribed; Signature; Inclusion of Signed Form in Patient's Medical or Clinical Record; Controlled Substance Prescribed for Inpatient Use; Definitions. - Sec. 7303c. (1) Except as otherwise provided in this section,...
Section 333.7304 - Exemptions From Licensure. - Sec. 7304. (1) The requirement of licensure is waived for...
Section 333.7305 - Permitting Certain Persons to Apply for License; Application Upon Expiration of Existing License. - Sec. 7305. The administrator shall initially permit a person who...
Section 333.7306 - License to Be Granted Unless Inconsistent With Public Interest; Factors in Determining Public Interest; Scope of Licensure; License to Dispense, Prescribe, or Conduct Research With Controlled Substances in Schedules 2 to 5; Registr... - Sec. 7306. (1) The administrator shall grant a license to...
Section 333.7311 - Actions by Disciplinary Subcommittee; Grounds; Limitation; Conviction of Felony; Placing Under Seal or Seizing Controlled Substances; Disposition of Controlled Substances; Judicial Order for Sale; Deposit of Proceeds; Forfeiture of... - Sec. 7311. (1) A license under section 7306 to manufacture,...
Section 333.7314 - Denial, Suspension, Revocation, or Limitation of License; Order to Show Cause; Service of Order; Conduct of Proceedings; Effect of Proceeding on Existing License; Suspension of License on Finding of Imminent Danger; Duration of Sus... - Sec. 7314. (1) Before the disciplinary subcommittee suspends or revokes...
Section 333.7315 - Reinstatement of License; Application; Hearing. - Sec. 7315. (1) An individual whose license is limited, suspended,...
Section 333.7316 - Reinstatement of License; Good Moral Character; Public Interest; Disciplinary or Corrective Measure. - Sec. 7316. The administrator may reinstate a revoked or suspended...
Section 333.7321 - Records; Inventories; Annual Inventory; Retention. - Sec. 7321. (1) Subject to subsection (2), a person licensed...
Section 333.7331 - Authority to Purchase Schedule 1 or 2 Controlled Substance; Order Form. - Sec. 7331. (1) Only a practitioner who holds a license...
Section 333.7333 - "Good Faith" Defined; Dispensing Controlled Substance Included in Schedule 2; Prescription Form; Electronic Transmission Under MCL 333.17754a; Emergency; Filling and Refilling Prescription; Dispensing Controlled Substance Included... - Sec. 7333. (1) As used in this section, "good faith"...
Section 333.7333a - Electronic Monitoring System; Definitions. - Sec. 7333a. (1) The department shall establish, by rule, an...
Section 333.7333b - Treatment of Patient for Acute Pain; Prescription for Opioid; Limitation; "Acute Pain" Defined. - Sec. 7333b. (1) Beginning July 1, 2018, if a prescriber...
Section 333.7334 - Repealed. 2001, Act 231, Eff. Jan. 6, 2003. - Compiler's Notes: The repealed section pertained to official prescription form.Popular...
Section 333.7335 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013. - Compiler's Notes: Former MCL 333.7335, pertaining to marihuana controlled substances...
Section 333.7336 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013. - Compiler's Notes: Former MCL 333.7336, pertaining to patient qualification review...
Section 333.7339 - Dispensing, Selling, or Giving Product to Individual Less Than 18 Years of Age; Violation as Misdemeanor; Penalty. - Sec. 7339. (1) A person shall not dispense, sell, or...
Section 333.7340 - Selling, Distributing, Delivering, or Furnishing Product Containing Ephedrine or Pseudoephedrine; Prohibition; Exceptions; Violation as Felony; Penalty. - Sec. 7340. (1) A person shall not sell, distribute, deliver,...
Section 333.7340a - Submission of Information to Nplex. - Sec. 7340a. (1) Before completing a sale under section 17766f,...
Section 333.7340c - Soliciting or Attempting to Solicit Another Person to Obtain Ephedrine or Pseudoephedrine; Violation; Penalty; Other Violation; Report to State Police; Definitions. - Sec. 7340c. (1) A person shall not solicit another person...
Section 333.7341 - Definitions; Factors in Determining Imitation Controlled Substance; Prohibited Conduct; Violation; Civil Fine; Misdemeanor; Penalty; Default in Payment of Civil Fine or Costs; Collection; Prohibited Advertisement or Solicitation; V... - Sec. 7341. (1) As used in this section: (a) "Distribute"...
368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461)
Section 333.7401 - Manufacturing, Creating, Delivering, or Possessing With Intent to Manufacture, Create, or Deliver Controlled Substance, Prescription Form, or Counterfeit Prescription Form; Dispensing, Prescribing, or Administering Controlled Subst... - Sec. 7401. (1) Except as authorized by this article, a...
Section 333.7401a - Delivery of Controlled Substance; Violation of MCL 750.520b to 750.520e or MCL 750.520g. - Sec. 7401a. (1) A person who, without an individual's consent,...
Section 333.7401b - Manufacture, Delivery, or Possession of Gamma-Butyrolactone Prohibited; Exception; Violation; Definitions. - Sec. 7401b. (1) A person shall not do any of...
Section 333.7401c - Manufacture of Controlled Substance; Prohibited Acts; Violation as Felony; Exceptions; Imposition of Consecutive Terms; Court Order to Pay Response Activity Costs; Definitions. - Sec. 7401c. (1) A person shall not do any of...
Section 333.7402 - Creating, Manufacturing, Delivering, or Possessing With Intent to Deliver Counterfeit Substance or Controlled Substance Analogue Intended for Human Consumption; Applicability of Section and Certain Federal Provisions; Violations; P... - Sec. 7402. (1) Except as authorized by this article, a...
Section 333.7403 - Knowingly or Intentionally Possessing Controlled Substance, Controlled Substance Analogue, or Prescription Form; Violations; Penalties; Individuals Exempt From Violation; Notification of Parent, Guardian, or Custodian of Minor; Oth... - Sec. 7403. (1) A person shall not knowingly or intentionally...
Section 333.7403a - Fraudulently Obtaining Controlled Substance or Prescription From Health Care Provider; Certain Privileges Inapplicable to Released or Available Medical Records or Information; Immunity From Civil or Administrative Liability; Viola... - Sec. 7403a. (1) A person shall not fraudulently obtain or...
Section 333.7404 - Use of Controlled Substance or Controlled Substance Analogue; Violations; Penalties; Individuals Exempt From Violation; Notification of Parent, Guardian, or Custodian of Minor; Other Criminal Charges; Definitions. - Sec. 7404. (1) A person shall not use a controlled...
Section 333.7405 - Prohibited Conduct; Violation; Penalties. - Sec. 7405. (1) A person shall not do any of...
Section 333.7406 - Violation of MCL 333.7405; Penalty. - Sec. 7406. A person who violates section 7405 may be...
Section 333.7407 - Prohibited Conduct; Violation as Felony; Penalty. - Sec. 7407. (1) A person shall not knowingly or intentionally:...
Section 333.7407a - Attempt to Violate or Knowingly or Intentionally Solicit, Induce, or Intimidate Another Person to Violate Part; Penalty. - Sec. 7407a. (1) A person shall not attempt to violate...
Section 333.7408 - Penalty Cumulative. - Sec. 7408. A penalty imposed for violation of this article...
Section 333.7408a - Licensing Sanctions. - Sec. 7408a. (1) Except as otherwise provided in subsection (3),...
Section 333.7409 - Conviction or Acquittal Under Federal Law or Law of Other State as Bar to Prosecution. - Sec. 7409. If a violation of this article is a...
Section 333.7410 - Violations by Individual 18 Years of Age or Over Who Violates MCL 333.7401; Distribution of Marihuana; Penalties; Definitions. - Sec. 7410. (1) Except as otherwise provided in subsections (2)...
Section 333.7410a - Delivery or Intent to Deliver Controlled Substance in or Within Public or Private Park; Term of Imprisonment; Definitions. - Sec. 7410a. (1) An individual 18 years of age or...
Section 333.7411 - Possession or Use of Controlled Substance or Imitation Controlled Substance; Probation; Terms and Conditions; Violation; Discharge and Dismissal; Deferral of Proceedings; Nonpublic Record of Arrest, Court Proceedings, and Dispositi... - Sec. 7411. (1) When an individual who has not previously...
Section 333.7413 - Conviction of Second or Subsequent Violation; Penalty. - Sec. 7413. (1) Except as otherwise provided in subsection (2)...
Section 333.7415 - Dismissal of Case; Reduction of Charge; Plea of Guilty, Guilty but Mentally Ill, or Nolo Contendere. - Sec. 7415. (1) After the arraignment of a defendant on...
Section 333.7416 - Recruiting, Inducing, Soliciting, or Coercing Minor to Commit Felony; Penalties; Exception. - Sec. 7416. (1) A person 17 years of age or...
Section 333.7417 - Product Producing Same or Similar Effect as Scheduled Ingredient; Sale or Offer to Sell Prohibited; Violation; Penalty; "Named Product" Defined. - Sec. 7417. (1) A person who knows that a named...
Section 333.7421 - Opioid-Related Overdose Fatalities; Report. - Sec. 7421. By February 1 each year, the department of...
Section 333.7422 - Compliance With MCL 333.17744b or MCL 333.17744e; Prescribing, Dispensing, Possessing, or Administering Opioid Antagonist; Person Not in Violation of Article. - Sec. 7422. A person that complies with section 17744b or...
Section 333.7423 - Compliance With MCL 333.21418 Not a Violation of Article. - Sec. 7423. The delivery of a controlled substance under section...
Section 333.7451 - “Drug Paraphernalia” Defined. - Sec. 7451. As used in sections 7453 to 7461 and...
Section 333.7453 - Sale of Drug Paraphernalia Prohibited; Notice; Compliance. - Sec. 7453. (1) Subject to subsection (2), a person shall...
Section 333.7455 - Violation of MCL 333.7453 as Misdemeanor; Penalty. - Sec. 7455. (1) A person who violates section 7453 is...
Section 333.7457 - Applicability of MCL 333.7451 to 333.7455. - Sec. 7457. Sections 7451 to 7455 do not apply to...
Section 333.7459 - Action for Declaratory Judgment; Defendant. - Sec. 7459. (1) A person who has received a notice...
Section 333.7461 - Declaratory Judgment as Complete Defense. - Sec. 7461. If a declaratory judgment has been issued pursuant...
368-1978-7-75 - Part 75 Enforcement and Administration (333.7501...333.7545)
Section 333.7501 - Arrest Without Warrant. - Sec. 7501. A sheriff, deputy sheriff, or local or state...
Section 333.7502 - Powers of Agents. - Sec. 7502. (1) An inspection agent or investigatory agent of...
Section 333.7504 - Administrative Inspection Warrants; Issuance; Execution; Oath or Affirmation Showing Probable Cause; Seizure of Property; Existence of Probable Cause; Affidavit; Contents of Warrant. - Sec. 7504. (1) Administrative inspection warrants shall be issued and...
Section 333.7505 - Contents, Execution, and Return of Warrant; Copy of Warrant and Receipt for Property Seized; Inventory of Property Taken; Delivering Copy of Inventory; Filing Warrant With Copy of Return and Papers Returnable. - Sec. 7505. (1) The warrant shall: (a) State the grounds...
Section 333.7507 - Administrative Inspections of Controlled Premises. - Sec. 7507. (1) The department of commerce may make administrative...
Section 333.7511 - Restraining or Enjoining Violation; Trial by Jury. - Sec. 7511. (1) The circuit court of a county having...
Section 333.7515 - Cooperation With Federal and Other State Agencies; Relying and Acting Upon Results, Information, and Evidence. - Sec. 7515. (1) The administrator may cooperate with federal and...
Section 333.7516 - Name or Identity of Patient, Research, or Individual. - Sec. 7516. A practitioner engaged in professional practice or research...
Section 333.7521 - Property Subject to Forfeiture; Burden of Proof; "Imitation Controlled Substance" Defined. - Sec. 7521. (1) The following property is subject to forfeiture:...
Section 333.7521a - Civil Asset Forfeiture; Conditions, Requirements, and Limitations; Applicability. - Sec. 7521a. (1) Except as otherwise provided in this section,...
Section 333.7522 - Property Subject to Forfeiture; Seizure; Process; Seizure Without Process. - Sec. 7522. Property that is subject to forfeiture under this...
Section 333.7523 - Seizure Under MCL 333.7522; Forfeiture Proceedings; Procedure; Property Subject to Section or to Order and Judgment of Court; Powers of Seizing Agency; Determining Title to Forfeited Real Property; Forfeiture of Real Property Encum... - Sec. 7523. (1) Subject to section 7521a, if property is...
Section 333.7523a - Stay of Civil Forfeiture During Pending Criminal Proceedings; Forfeiture Hearing; Burden of Proof; Return of Property; Applicability. - Sec. 7523a. (1) If section 7521a applies to a forfeiture...
Section 333.7524 - Disposition of Forfeited Property; Donation of Lights and Scales for Educational Purposes; Appointment, Compensation, and Authority of Receiver to Dispose of Forfeited Real Property; Expenses of Forfeiture Proceedings; Court Order. - Sec. 7524. (1) When property is forfeited under this article,...
Section 333.7524a - Repealed. 2015, Act 148, Eff. Feb. 1, 2016. - Compiler's Notes: The repealed section pertained to annual report by...
Section 333.7524b - Report by Agency of Seizure and Forfeiture Activities Under Uniform Forfeiture Reporting Act. - Sec. 7524b. (1) Beginning February 1, 2016, each reporting agency...
Section 333.7525 - Controlled Substance as Contraband; Seizure and Summary Forfeiture; Seizure and Forfeiture of Species of Plants. - Sec. 7525. (1) A controlled substance listed in schedule 1...
Section 333.7527 - Destruction of Controlled Substance Seized as Evidence. - Sec. 7527. (1) Prior to trial the prosecuting attorney may...
Section 333.7531 - Burden of Proof of Exemption or Exception; Presumption as to License or Order Form; Burden of Rebutting Presumption; Liability Not Imposed for Lawful Performance of Duties. - Sec. 7531. (1) It is not necessary for this state...
Section 333.7533 - Judicial Review. - Sec. 7533. Judicial review of a final determination, finding, or...
Section 333.7541 - Educational Programs; Powers of Administrator. - Sec. 7541. The administrator, if funds are appropriated therefor, may...
Section 333.7543 - Research and Enforcement; Duties of Administrator. - Sec. 7543. The administrator shall encourage research on misuse and...
Section 333.7544 - Authorization to Withhold Names and Other Identifying Characteristics of Individuals Who Are Subjects of Research; Authorization of Persons Engaged in Research to Possess and Distribute Controlled Substances; Exemption From Prosecu... - Sec. 7544. (1) The administrator may authorize persons engaged in...
Section 333.7545 - Contracts for Educational and Research Activities. - Sec. 7545. The administrator may enter into contracts for educational...