Michigan Compiled Laws

Mich. Comp. Laws § 333.7104 (2026)

Definitions; B to E.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

PUBLIC HEALTH CODE

Act 368 of 1978

333.7104 Definitions; B to E.

Sec. 7104.

(1) "Bona fide prescriber-patient relationship" means a treatment or counseling relationship between a prescriber and a patient in which both of the following are present:

(a) The prescriber has reviewed the patient's relevant medical or clinical records and completed an assessment of the patient's medical history and current medical condition, including a relevant medical evaluation of the patient conducted in person or through telehealth as that term is defined in section 16283.

(b) The prescriber has created and maintained records of the patient's condition in accordance with medically accepted standards.

(2) "Bureau" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.

(3) "Controlled substance" means a drug, substance, or immediate precursor included in schedules 1 to 5 of part 72.

(4) "Controlled substance analogue" means a substance the chemical structure of which is substantially similar to that of a controlled substance in schedule 1 or 2 and that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2 or, with respect to a particular individual, that the individual represents or intends to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2. Controlled substance analogue does not include 1 or more of the following:

(a) A controlled substance.

(b) A substance for which there is an approved new drug application.

(c) A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355, to the extent conduct with respect to the substance is pursuant to the exemption.

(d) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

(5) "Counterfeit prescription form" means a printed form that is the same or similar to a prescription form and that was manufactured, printed, duplicated, forged, electronically transmitted, or altered without the knowledge or permission of a prescriber.

(6) "Counterfeit substance" means a controlled substance that, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

(7) "Deleterious drug" means a drug, other than a proprietary medicine, likely to be destructive to adult human life in quantities of 3.88 grams or less.

(8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 625, Imd. Eff. Jan. 6, 1979 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 1994, Act 38, Eff. June 1, 1994 ;-- Am. 2001, Act 233, Eff. Jan. 6, 2003 ;-- Am. 2019, Act 42, Imd. Eff. July 8, 2019

Compiler's Notes:

Enacting section 1 of Act 233 of 2001 provides:

“Enacting section 1. Sections 7104, 7107, and 7109 of the public health code, 1978 PA 368, MCL 333.7104, 333.7107, and 333.7109, as amended by this amendatory act, take effect upon the promulgation of the rules required under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, and receipt by the secretary of state of written notice from the director of the department of consumer and industry services that the electronic monitoring system required by section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, is operational. The notice to the secretary of state shall include a statement that the department of consumer and industry services is able to receive data from at least 80% of those required to report under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, and is able to respond to requests for data from persons authorized to make such requests and to review and utilize the data.”

The rules required under section 7333a of the public health code, 1978 PA 368, MCL 333.7333a, pertaining to the operation of the electronic monitoring system, were promulgated on December 30, 2002. In addition, a written notice from the director of the department of consumer and industry services that the electronic monitoring system required by section 7333a of the public health code is operational was filed with, and received by, the secretary of state on January 6, 2003.

PopularName Notes:

Act 368

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1990–2026 · leading case: People v. Rogers, 475 N.W.2d 717 (Mich. 1991).

Sort: Relevance Newest Treatment

People v. Rogers, 475 N.W.2d 717 (Mich. 1991). · cites it 16× “368 of the Public Acts of 1978, as amended, being section 333.7104 of the Michigan Compiled Laws; or a combination of intoxicating liquor and a controlled substance.”

State of Michigan v. Mcqueen, 828 N.W.2d 644 (Mich. 2013). · cites it 6× “3801, any building used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of any controlled substance as defined in MCL 333.7104 is declared a nuisance. Marijuana is a controlled substance under MCL 333.”

People v. Mazur, 872 N.W.2d 201 (Mich. 2015). · cites it 4× “”); Bylsma, 493 Mich at 27 (“[T]he MMMA introduced into Michigan law an exception to the Public Health Code’s prohibition on the use of controlled substances by permitting the medical use of marijuana when carried out in accordance with the 3 MMMA’s provisions.”

Rental Prop. Owners Ass'n v. City of Grand Rapids, 566 N.W.2d 514 (Mich. 1997). · cites it 4× “368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws, or of any vinous, malt, brewed, fermented, spirituous, or intoxicating liquors or any mixed liquors or beverages, any part of which is intoxicating, is declared a nuisance, and the furniture,…”

Bloomfield Twp. v. Kane, 839 N.W.2d 505 (Mich. Ct. App. 2013). · cites it 3× “368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws.”

People v. Couch, 461 N.W.2d 683 (Mich. 1990). · cites it 4× “368 of the Public Acts of 1978, as amended, being section 333.7104 of the Michigan Compiled Laws; or a combination of intoxicating liquor and a controlled substance.”

Michigan Ex Rel Wayne Cnty. Prosecutor v. Bennis, 527 N.W.2d 483 (Mich. 1994). · cites it 4× “368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws, or of any vinous, malt, brewed, fermented, spirituous, or intoxicating liquors or any mixed liquors or beverages, any part of which is intoxicating, is declared a nuisance, and the furniture,…”

Braska v. Challenge Mfg. Co., 307 Mich. App. 340 (Mich. Ct. App. 2014). · cites it 2× “(i) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368 , MCL 333.7104.[ 2 ] (ii) “Drug test” means a test designed to detect the illegal use of a controlled substance.”

In Re Forfeiture of $180,975, 734 N.W.2d 489 (Mich. 2007). · cites it 2× “MCL 333.7104(2) provides, "`Controlled substance' means a drug, substance, or immediate precursor included in schedules 1 to 5 of part 72.”

State v. McQueen, 811 N.W.2d 513 (Mich. Ct. App. 2011). “The controlled substances listed in schedule 1 have been found by the Michigan Board of Pharmacy to have a “high potential for abuse” and have “no accepted medical use in treatment in the United States or lack[] accepted safety for use in treatment under medical supervision.”

People v. Endres, 711 N.W.2d 398 (Mich. Ct. App. 2006). “MCL 333.7104(2). Alcohol is not included as a controlled substance in *419 schedules 1 to 5.”

Harbour v. Corr. Med. Servs., Inc, 702 N.W.2d 671 (Mich. Ct. App. 2005). “(2) As used in this section: (a) “Controlled substance” means that term as defined in [MCL 333.7104]. (b) “Impaired ability to function due to the influence of intoxicating liquor or a controlled substance” means that, as a result of an individual drinking, ingesting, smoking,…”

Show all 25 citing cases →

— Mich. Comp. Laws § 333.7104(2) — 6 cases

In Re Forfeiture of $180,975, 734 N.W.2d 489 (Mich. 2007). “MCL 333.7104(2) provides, "`Controlled substance' means a drug, substance, or immediate precursor included in schedules 1 to 5 of part 72.”

Braska v. Challenge Mfg. Co., 307 Mich. App. 340 (Mich. Ct. App. 2014). “(i) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368 , MCL 333.7104.[ 2 ] (ii) “Drug test” means a test designed to detect the illegal use of a controlled substance.”

People v. Endres, 711 N.W.2d 398 (Mich. Ct. App. 2006). “MCL 333.7104(2). Alcohol is not included as a controlled substance in *419 schedules 1 to 5.”

Bloomfield Twp. v. Kane, 839 N.W.2d 505 (Mich. Ct. App. 2013). “368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws.”

— Mich. Comp. Laws § 333.7104(3) — 1 case

People of Michigan v. Steven Michael Highland (Mich. Ct. App. 2026).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.