PUBLIC HEALTH CODE
Act 368 of 1978
333.7105 Additional definitions.
Sec. 7105.
(1) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from 1 person to another of a controlled substance, whether or not there is an agency relationship.
(2) "Disciplinary subcommittee" means the disciplinary subcommittee for the board of pharmacy appointed under section 16216.
(3) "Dispense" means to deliver or issue a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, or compounding necessary to prepare the substance for the delivery or issuance.
(4) "Dispenser" means a practitioner who dispenses.
(5) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(6) "Distributor" means a person who distributes.
(7) "Drug" means a substance recognized as a drug in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals; a substance other than food intended to affect the structure or any function of the body of human beings or animals; or, a substance intended for use as a component of any article specified in this subsection. It does not include a device or its components, parts, or accessories.
(8) "Human consumption" means application, injection, inhalation, or ingestion by a human being.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
PopularName Notes:
Act 368
Notes of Decisions
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017).
· cites it 4× “" MCL 333.7105(1). " 'Dispense' means to deliver or issue a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner .”
People v. Schultz, 635 N.W.2d 491 (Mich. Ct. App. 2001).
· cites it 4× “[MCL 333.7105(1).] “[T]ransfer is the element which distinguishes delivery from possession.”
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
· cites it 2× “§ 333.7105(1). [13] See, e.g., People v. Daniel, 462 Mich.”
People of Michigan v. Vicki Renee Dickinson, 909 N.W.2d 24 (Mich. Ct. App. 2017).
“MCL 333.7105(1) defines delivery as follows: " 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer from 1 person to another of a controlled substance, whether or not there is an agency relationship.”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
· cites it 2× “Judge REILLY’s concurrence noted that “[t]he term ‘deliver’ is defined in MCL 333.7105(1) as the actual, constructive, or attempted transfer of a controlled substance from one person to another,” and addressed the definition of “person.”
People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
· cites it 2× “[24] The prosecution also alleges that defendant constructively transferred the heroin to Corson within the meaning of MCL 333.7105(1). Because a bindover is supported by the prosecution's aiding and abetting theory, this Court need not decide whether the Court of Appeals…”
People v. Collins, 828 N.W.2d 392 (Mich. Ct. App. 2012).
· cites it 2× “” MCL 333.7105(1). “ ‘[T]ransfer is the element which distinguishes delivery from possession.”
People v. Williams, 707 N.W.2d 624 (Mich. Ct. App. 2005).
“” MCL 333.7105(1); see also People v Schultz, 246 Mich App 695, 703-704 ; 635 NW2d 491 (2001).”
People v. Harding, 413 N.W.2d 777 (Mich. Ct. App. 1987).
· cites it 4× “This issue is without merit. There was a "delivery" of the cocaine within the meaning of the statute.”
People v. Hardy, 469 N.W.2d 50 (Mich. Ct. App. 1991).
· cites it 2× “) The term "deliver" is defined in MCL 333.7105(1); MSA 14.15(7105)(1) as the actual, constructive, or attempted transfer of a controlled substance from one person to another.”
— Mich. Comp. Laws § 333.7105(1) — 34 cases
People v. Schultz, 635 N.W.2d 491 (Mich. Ct. App. 2001).
“[MCL 333.7105(1).] “[T]ransfer is the element which distinguishes delivery from possession.”
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
“§ 333.7105(1). [13] See, e.g., People v. Daniel, 462 Mich.”
People of Michigan v. Vicki Renee Dickinson, 909 N.W.2d 24 (Mich. Ct. App. 2017).
“MCL 333.7105(1) defines delivery as follows: " 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer from 1 person to another of a controlled substance, whether or not there is an agency relationship.”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
“Judge REILLY’s concurrence noted that “[t]he term ‘deliver’ is defined in MCL 333.7105(1) as the actual, constructive, or attempted transfer of a controlled substance from one person to another,” and addressed the definition of “person.”
People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
“[24] The prosecution also alleges that defendant constructively transferred the heroin to Corson within the meaning of MCL 333.7105(1). Because a bindover is supported by the prosecution's aiding and abetting theory, this Court need not decide whether the Court of Appeals…”
— Mich. Comp. Laws § 333.7105(2) — 1 case
— Mich. Comp. Laws § 333.7105(3) — 2 cases
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017).
“" MCL 333.7105(1). " 'Dispense' means to deliver or issue a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner .”
— Mich. Comp. Laws § 333.7105(4) — 1 case
— Mich. Comp. Laws § 333.7105(5) — 1 case
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017).
“" MCL 333.7105(1). " 'Dispense' means to deliver or issue a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner .”
— Mich. Comp. Laws § 333.7105(7) — 1 case
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