Sec. 7459.
(1) A person who has received a notice under section 7453(2) may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell.
(2) The attorney general or the prosecuting attorney who sent the notice under section 7453(2) shall be made the defendant to an action commenced under subsection (1).
History: Add. 1988, Act 139, Imd. Eff. June 3, 1988 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.