Michigan Compiled Laws
368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461)
Section 333.7453 - Sale of Drug Paraphernalia Prohibited; Notice; Compliance.

Sec. 7453.
(1) Subject to subsection (2), a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(2) Before a person is arrested for a violation of subsection (1), the attorney general or a prosecuting attorney shall notify the person in writing, not less than 2 business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (1).
(3) If a person complies with a notice sent under subsection (2), the compliance is a complete defense for the person against a prosecution under section 7453, as long as the compliance continues.
History: Add. 1988, Act 139, Imd. Eff. June 3, 1988 Popular Name: Act 368

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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.