Sec. 7402.
(1) Except as authorized by this article, a person shall not create, manufacture, deliver, or possess with intent to deliver a counterfeit substance or a controlled substance analogue intended for human consumption. This section does not apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. 355. For purposes of this section, section 505 of the federal food, drug, and cosmetic act shall be applicable to the introduction or delivery for introduction of any new drug into intrastate, interstate, or foreign commerce.
(2) A person who violates this section as to:
(a) A counterfeit substance classified in schedule 1 or 2 which is either a narcotic drug or a drug described in section 7212(1)(h) or 7214(a)(iv) or (c)(ii), is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(b) Any other counterfeit substance classified in schedule 1, 2, or 3, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(c) A counterfeit substance classified in schedule 4, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(d) A counterfeit substance classified in schedule 5, 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.
(e) A controlled substance analogue, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $250,000.00, or both.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1994, Act 38, Eff. June 1, 1994 ;-- Am. 2000, Act 314, Eff. Jan. 1, 2001 ;-- Am. 2002, Act 710, Eff. Apr. 1, 2003 ;-- Am. 2012, Act 183, Eff. July 1, 2012 Popular Name: Act 368
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.