Michigan Compiled Laws
368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341)
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 dispenses a controlled substance in this state or who proposes to engage in the manufacture, distribution, prescribing, or dispensing of a controlled substance in this state shall obtain a license issued by the administrator in accordance with the rules. A person who has been issued a controlled substances license by the administrator under this article and a license under article 15 shall renew the controlled substances license concurrently with the renewal of the license issued under article 15, and for an equal number of years.
(2) A person licensed by the administrator under this article to manufacture, distribute, prescribe, dispense, or conduct research with controlled substances may possess, manufacture, distribute, prescribe, dispense, or conduct research with those substances to the extent authorized by its license and in conformity with the other provisions of this article.
(3) A license issued under this article to manufacture, distribute, prescribe, or dispense pharmaceutical-grade cannabis and the conduct of the licensee is subject to the additional requirements of article 8.
(4) The following persons need not be licensed and may lawfully possess controlled substances or prescription forms under this article:
(a) An agent or employee of a licensed manufacturer, distributor, prescriber, or dispenser of a controlled substance if acting in the usual course of the agent's or employee's business or employment.
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of a controlled substance or prescription form is in the usual course of business or employment.
(c) An ultimate user or agent in possession of a controlled substance or prescription form pursuant to a lawful order of a practitioner or in lawful possession of a schedule 5 substance.
(5) The administrator may waive or include by rule the requirement for licensure of certain manufacturers, distributors, prescribers, or dispensers, if it finds the waiver or inclusion is consistent with the public health and safety.
(6) A separate license is required at each principal place of business or professional practice where the applicant manufactures, distributes, prescribes, or dispenses controlled substances.
(7) As a requisite for licensure, the administrator may inspect the establishment of a licensee or applicant for licensure in accordance with the administrator's rule.
(8) A person licensed under this article to distribute controlled substances shall report to the administrator on a quarterly basis all schedule 2 controlled substances and those controlled substances designated by the administrator pursuant to this subsection that are sold to licensed practitioners and retail pharmacies. The report shall be in writing and shall include the name of each licensed practitioner and retail pharmacy to whom the controlled substance was distributed. A report under this subsection may be transmitted electronically, if the transmission is ultimately reduced to writing. The administrator shall designate by rule the controlled substances in schedules 3 to 5 to be reported under this subsection.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 9, Eff. Aug. 9, 1988 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 Compiler's Notes: Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”Popular Name: Act 368Admin Rule: R 338.471 et seq. and R 338.3101 et seq. of the Michigan Administrative Code.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)

Article 7 - Controlled Substances (333.7101...333.7545)

368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341)

Section 333.7301 - Rules.

Section 333.7301a - Licensing Activities Subject to Certain Provisions.

Section 333.7302 - Labeling Controlled Substances; Contents of Label; Altering, Defacing, or Removing Label.

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.

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...

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...

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...

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.

Section 333.7304 - Exemptions From Licensure.

Section 333.7305 - Permitting Certain Persons to Apply for License; Application Upon Expiration of Existing License.

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...

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...

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...

Section 333.7315 - Reinstatement of License; Application; Hearing.

Section 333.7316 - Reinstatement of License; Good Moral Character; Public Interest; Disciplinary or Corrective Measure.

Section 333.7321 - Records; Inventories; Annual Inventory; Retention.

Section 333.7331 - Authority to Purchase Schedule 1 or 2 Controlled Substance; Order Form.

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...

Section 333.7333a - Electronic Monitoring System; Definitions.

Section 333.7333b - Treatment of Patient for Acute Pain; Prescription for Opioid; Limitation; "Acute Pain" Defined.

Section 333.7334 - Repealed. 2001, Act 231, Eff. Jan. 6, 2003.

Section 333.7335 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.

Section 333.7336 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.

Section 333.7339 - Dispensing, Selling, or Giving Product to Individual Less Than 18 Years of Age; Violation as Misdemeanor; Penalty.

Section 333.7340 - Selling, Distributing, Delivering, or Furnishing Product Containing Ephedrine or Pseudoephedrine; Prohibition; Exceptions; Violation as Felony; Penalty.

Section 333.7340a - Submission of Information to Nplex.

Section 333.7340c - Soliciting or Attempting to Solicit Another Person to Obtain Ephedrine or Pseudoephedrine; Violation; Penalty; Other Violation; Report to State Police; Definitions.

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...