Michigan Compiled Laws
368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461)
Section 333.7405 - Prohibited Conduct; Violation; Penalties.

Sec. 7405.
(1) A person shall not do any of the following:
(a) If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333.
(b) If the person is a licensee, manufacture a controlled substance not authorized by his or her license or distribute, prescribe, or dispense a controlled substance not authorized by his or her license to another licensee or other authorized person, except as authorized by rules promulgated by the administrator.
(c) Refuse an entry into any premises for an inspection authorized by this article.
(d) Knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances in violation of this article.
(e) If the person is a practitioner, dispense a controlled substance under a prescription written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber licensed to practice in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances.
(2) A person who violates subsection (1) is subject to the penalties prescribed in section 7406.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 30, Eff. Aug. 26, 1988 ;-- Am. 1997, Act 153, Eff. Mar. 31, 1998 ;-- Am. 2004, Act 536, Imd. Eff. Jan. 3, 2005 ;-- Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;-- Am. 2009, Act 150, Imd. Eff. Nov. 19, 2009 ;-- Am. 2011, Act 155, Imd. Eff. Sept. 27, 2011 ;-- Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;-- Am. 2016, Act 49, Eff. June 13, 2016 Compiler's Notes: Enacting section 1 of Act 49 of 2016 provides:"Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018."Popular Name: Act 368Admin Rule: R 338.493a 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)

368-1978-7-74 - 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...

Section 333.7401a - Delivery of Controlled Substance; Violation of MCL 750.520b to 750.520e or MCL 750.520g.

Section 333.7401b - Manufacture, Delivery, or Possession of Gamma-Butyrolactone Prohibited; Exception; Violation; Definitions.

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.

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...

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...

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...

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.

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 333.7407a - Attempt to Violate or Knowingly or Intentionally Solicit, Induce, or Intimidate Another Person to Violate Part; Penalty.

Section 333.7408 - Penalty Cumulative.

Section 333.7408a - Licensing Sanctions.

Section 333.7409 - Conviction or Acquittal Under Federal Law or Law of Other State as Bar to Prosecution.

Section 333.7410 - Violations by Individual 18 Years of Age or Over Who Violates MCL 333.7401; Distribution of Marihuana; Penalties; Definitions.

Section 333.7410a - Delivery or Intent to Deliver Controlled Substance in or Within Public or Private Park; Term of Imprisonment; Definitions.

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...

Section 333.7413 - Conviction of Second or Subsequent Violation; Penalty.

Section 333.7415 - Dismissal of Case; Reduction of Charge; Plea of Guilty, Guilty but Mentally Ill, or Nolo Contendere.

Section 333.7416 - Recruiting, Inducing, Soliciting, or Coercing Minor to Commit Felony; Penalties; Exception.

Section 333.7417 - Product Producing Same or Similar Effect as Scheduled Ingredient; Sale or Offer to Sell Prohibited; Violation; Penalty; "Named Product" Defined.

Section 333.7421 - Opioid-Related Overdose Fatalities; Report.

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.

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.