Sec. 31.
(1) Except as provided in subsection (3), a person who does any of the following, or who aids or abets another in doing any of the following, is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or by imprisonment for not more than 1 year, or both:
(a) Introduces an object or foreign substance into the nostrils or windpipe of a horse that is entered or intended to be entered in a race or workout at a licensed race meeting in this state for the purpose of affecting the racing condition or performance of the horse in a race or workout, without authorization of the racing commissioner.
(b) Has in his or her possession within the confines of a racetrack, stable, shed, building, or grounds of a licensed race meeting, or within the confines of an off-track stable, shed, building, or grounds where horses are kept that are eligible to race over the racetrack of the holder of a race meeting license, any drug not authorized by the racing commissioner for use at those locations, or a battery or buzzer, electrical or mechanical, or syringe, hypodermic needle, or other appliance device, other than the ordinary whip, that may or can be used for the purpose of affecting a horse's racing condition or performance in a race or workout at a licensed race meeting in this state.
(c) Has in his or her possession within the confines of a racetrack, stable, shed, building, or grounds of a licensed race meeting or within the confines of an off-track stable, shed, building, or grounds where horses are kept that are eligible to race over the racetrack of the holder of a race meeting license a controlled substance or a hypodermic needle or other instrument that can be used to administer a controlled substance, unless the controlled substance was obtained directly from or pursuant to a prescription from a licensed physician and the person notifies the racing commissioner or racing commissioner's designee that the person possesses the controlled substance or instrument.
(2) In addition to the penalties prescribed in subsection (1), the racing commissioner shall suspend the license of a person who is a licensee under this act and who does any of the acts described in subsection (1) for a period of not less than 5 years after the person is convicted.
(3) Subsections (1) and (2) do not prohibit the possession and use of drugs, foreign substances, controlled substances, hypodermic needles and syringes, nasogastric tubes, endotracheal tubes, endoscopes, or other instruments or equipment by a veterinarian within the confines of a racetrack, stable, shed, building, or grounds of a licensed race meeting or within the confines of an off-track stable, shed, building, or grounds where horses are kept that are eligible to race over the racetrack of the holder of a race meeting license, if the drugs and equipment are recognized and accepted in veterinary medicine for use in the care and treatment of horses and are possessed and used by the veterinarian in accordance with accepted standards of veterinary practice in this state and applicable state and federal laws and not in violation of other provisions of this act.
History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 2016, Act 271, Imd. Eff. July 1, 2016
Structure Michigan Compiled Laws
Chapter 431 - Racing, Boxing, and Exhibitions
Act 279 of 1995 - Horse Racing Law of 1995 (431.301 - 431.336)
Section 431.301 - Short Title.
Section 431.302 - Definitions.
Section 431.303 - Office of Racing Commissioner; Creation; Powers and Duties of Racing Commissioner.
Section 431.305 - Racing Commissioner; Oath of Office.
Section 431.308a - Holder of Casino License; Issuance of Race Meeting License; Limitation.
Section 431.309a - Toll-Free Compulsive Gaming Helpline Number; Posting.
Section 431.313 - Contracts With Certified Horsemen's Organizations.
Section 431.319a - Surrender, Revocation, or Escrow of License; Transfer of Purse Pool Money.
Section 431.319c - Michigan Harness Horsemen's Association; Transfer and Use of Money.
Section 431.320a - Allocation of Tax.
Section 431.321 - Police, Fire, and Traffic Protection.
Section 431.322 - License Fee and Tax.
Section 431.324 - Prohibited Dissemination of Racing Information.
Section 431.325 - Disclosure of Certain Information; Confidentiality.
Section 431.327 - Wagering Prohibited; Exception.
Section 431.328 - Assessment or Collection of Tax or Fees Prohibited; Exception.
Section 431.329 - Aiding, Assisting, or Abetting Violation as Misdemeanor; Penalty.
Section 431.330 - Administration of Drug or Foreign Substance.
Section 431.331 - Prohibited Acts; Violation as Misdemeanor; Penalty; Exceptions.
Section 431.334 - Additional Penalties.