Sec. 7401b.
(1) A person shall not do any of the following:
(a) Manufacture, deliver, or possess with intent to manufacture or deliver gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone.
(b) Knowingly or intentionally possess gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone.
(2) Subsection (1) does not prohibit manufacturing, delivering, possessing with intent to manufacture or deliver, or possessing gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone for use in a commercial application and not for human consumption. It is an affirmative defense to a prosecution under this section that the person manufactured, delivered, possessed with intent to manufacture or deliver, or possessed gamma-butyrolactone or the material, compound, mixture, or preparation containing gamma-butyrolactone in compliance with this subsection.
(3) A person who violates this section is guilty of a crime as follows:
(a) For a violation of subsection (1)(a), the person is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $5,000.00, or both.
(b) For a violation of subsection (1)(b), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(4) As used in this section:
(a) "Commercial application" means as an ingredient in a lawful product, for use in the process of manufacturing a lawful product, or for lawful use as a solvent.
(b) "Deliver" means the actual, constructive, or attempted transfer from 1 person to another of gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone, whether or not there is an agency relationship.
(c) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. It includes the packaging or repackaging of the substance or labeling or relabeling of its container.
(d) "Person" means that term as defined in section 1106 or a governmental entity.
History: Add. 2000, Act 302, Eff. Jan. 1, 2001 Popular Name: Act 368Popular Name: Date RapePopular Name: Date Rape Drug
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 7 - Controlled Substances (333.7101...333.7545)
368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461)
Section 333.7405 - Prohibited Conduct; Violation; Penalties.
Section 333.7406 - Violation of MCL 333.7405; Penalty.
Section 333.7407 - Prohibited Conduct; Violation as Felony; Penalty.
Section 333.7408 - Penalty Cumulative.
Section 333.7408a - Licensing Sanctions.
Section 333.7413 - Conviction of Second or Subsequent Violation; Penalty.
Section 333.7421 - Opioid-Related Overdose Fatalities; Report.
Section 333.7423 - Compliance With MCL 333.21418 Not a Violation of Article.
Section 333.7451 - “Drug Paraphernalia” Defined.
Section 333.7453 - Sale of Drug Paraphernalia Prohibited; Notice; Compliance.
Section 333.7455 - Violation of MCL 333.7453 as Misdemeanor; Penalty.
Section 333.7457 - Applicability of MCL 333.7451 to 333.7455.
Section 333.7459 - Action for Declaratory Judgment; Defendant.
Section 333.7461 - Declaratory Judgment as Complete Defense.