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.
History: Add. 2019, Act 123, Eff. July 1, 2020 Popular Name: Act 368
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 15 - Occupations (333.16101...333.18838)
368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780)
Section 333.17702 - Definitions; a to C.
Section 333.17703 - Definitions; D, E.
Section 333.17704 - Definitions; F to I.
Section 333.17705 - Definitions; L.
Section 333.17706 - Definitions; M, O.
Section 333.17707 - Definitions; P.
Section 333.17708 - Definitions; P to R.
Section 333.17709 - Definitions; S to W.
Section 333.17721 - Michigan Board of Pharmacy; Creation; Membership; Terms.
Section 333.17722 - Michigan Board of Pharmacy; Duties Generally.
Section 333.17726 - Certificate of Licensure; Issuance.
Section 333.17733 - Relicensure of Pharmacist; Requirements.
Section 333.17737 - Rules Establishing Standards for Internship Program; Limited License Required.
Section 333.17739 - Pharmacy Technician; Functions; Licensure.
Section 333.17739b - Pharmacy Technician; Temporary License.
Section 333.17739c - Pharmacy Technician; Limited License.
Section 333.17742 - Disclosure; "Applicant" Defined.
Section 333.17742a - Remote Pharmacy; Operation; Licensure Requirements; Location Waiver; Exception.
Section 333.17743 - Pharmacy License; Contents; Duration.
Section 333.17744a - Auto-Injectable Epinephrine; Prescribing or Issuing to Authorizing Entity.
Section 333.17744b - Prescribing, Possessing, or Dispensing Opioid Antagonist; Liability.
Section 333.17748c - Compounding Pharmaceutical; Commercial Availability.
Section 333.17748d - Violation of MCL 333.17748a or 17748b; Penality.
Section 333.17750a - Dispensing of Prescription for Therapeutic Pharmaceutical Agent by Pharmacist.
Section 333.17756 - Label on Prescription; Contents.
Section 333.17757b - Contracts With Pharmacy Benefit Managers; Prohibited Terms.
Section 333.17758 - Repealed. 1986, Act 304, Eff. Mar. 31, 1987.
Section 333.17759 - Dispensing Harmful Drug; Requirements.
Section 333.17761 - Display of Notice; Dispensing Prescription in Safety Closure Container.
Section 333.17762 - Misbranded Prescription.
Section 333.17764 - Conduct Constituting Misdemeanor; Violation; Penalty; Other Violations.
Section 333.17766 - Additional Conduct Constituting Misdemeanor.
Section 333.17766a - Repealed. 2001, Act 236, Imd. Eff. Jan. 3, 2002.
Section 333.17766b - Repealed. 2001, Act 231, Eff. Jan. 6, 2003.
Section 333.17767 - Rules and Determinations as to Licensing.
Section 333.17770 - Exceptions.
Section 333.17776 - Destruction and Disposal of Certain Drugs and Medications.