333.17766c Purchase or possession of ephedrine or pseudoephedrine or mixture prohibited; violation; penalty; exceptions.

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Sec. 17766c.

(1)A person shall not do any of the following:

(a)Purchase more than 3.6 grams of ephedrine or pseudoephedrine alone or in a mixture within a single calendar day.

(b)Purchase more than 9 grams of ephedrine or pseudoephedrine alone or in a mixture within a 30-day period.

(c)Possess more than 12 grams of ephedrine or pseudoephedrine alone or in a mixture.

(d)Purchase or possess any amount of ephedrine or pseudoephedrine knowing or having reason to know that it is to be used to manufacture methamphetamine.

(2)A person who violates this section is guilty of a crime as follows:

(a)A person who violates subsection (1)(a) or

(b)is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(b)A person who violates subsection (1)(c) 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.

(c)A person who violates subsection (1)(d) 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. This subdivision does not prohibit the person from being charged with, convicted of, and sentenced for any other violation of law arising out of the violation of subsection (1)(d).

(3)This section does not apply to any of the following:

(a)A person who possesses ephedrine or pseudoephedrine pursuant to a license issued by this state or the United States to manufacture, deliver, dispense, possess with intent to manufacture or deliver, or possess a controlled substance, prescription drug, or other drug.

(b)An individual who possesses ephedrine or pseudoephedrine pursuant to a prescription.

(c)A person who possesses ephedrine or pseudoephedrine for retail sale pursuant to a license issued under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78.

(d)A person who possesses ephedrine or pseudoephedrine in the course of his or her business of selling or transporting ephedrine or pseudoephedrine to a person described in subdivision

(a)or (c).

(e)A person who, in the course of his or her business, stores ephedrine or pseudoephedrine for sale or distribution to a person described in subdivision (a), (c), or (d).

(f)Any product that the state board of pharmacy, upon application of a manufacturer, exempts from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

(g)Possession of any pediatric product primarily intended for administration to children under 12 years of age according to label instructions.

History: Add. 1994, Act 38, Eff. June 1, 1994 ;-- Am. 2003, Act 308 , Eff. Apr. 1, 2004 ;-- Am. 2011, Act 86 , Imd. Eff. July 15, 2011 ;-- Am. 2014, Act 216 , Eff. Jan. 1, 2015

Popular Name: Act 368