PUBLIC HEALTH CODE
Act 368 of 1978
333.7106 Definitions; I to M.
Sec. 7106.
(1) "Immediate precursor" means a substance that the administrator has found to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
(2) "Industrial hemp" means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
(3) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. It includes the packaging or repackaging of the substance or labeling or relabeling of its container, except that it does not include either of the following:
(a) The preparation or compounding of a controlled substance by an individual for his or her own use.
(b) The preparation, compounding packaging, or labeling of a controlled substance by either of the following:
(i) A practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her professional practice.
(ii) A practitioner, or by the practitioner's authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not for sale.
(4) "Marihuana" means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2014, Act 548, Imd. Eff. Jan. 15, 2015 ;-- Am. 2018, Act 642, Eff. Mar. 28, 2019 ;-- Am. 2021, Act 60, Eff. Oct. 11, 2021
PopularName Notes:
Act 368
Notes of Decisions
Cited in
29
cases (
1 in the last 5 years), 1987–2022 · leading case:
People v. Feezel, 783 N.W.2d 67 (Mich. 2010).
People v. Feezel, 783 N.W.2d 67 (Mich. 2010).
· cites it 10× “It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or…”
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
· cites it 5× “6 MCL 333.7106 was amended by 2014 PA 548 , effective January 15, 2015.”
People of Michigan v. Richard Allen Baham, 909 N.W.2d 836 (Mich. Ct. App. 2017).
· cites it 6× “(b) The preparation, compounding, packaging, or labeling of a controlled substance by either of the following: ( i ) A practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her professional practice. ( ii…”
Wilcoxon v. City of Detroit Election Comm'n, 838 N.W.2d 183 (Mich. Ct. App. 2013).
· cites it 6× “Under the MMMA, “ £[m]arihuana’ means that term as defined in section 7106 of the public health code, 1978 PA 368 , MCL 333.7106.” MCL 333.26423(e). MCL 333.”
People v. Ventura, 894 N.W.2d 108 (Mich. Ct. App. 2016).
“The relevant definition is that contained in MCL 333.7106(4), which provides the following definition: “Marihuana” means all parts of the plant Cannabis sativa L.”
People v. Hunter, 506 N.W.2d 611 (Mich. Ct. App. 1993).
“MCL 333.7106(2); MSA 14.15(7106)(2) defines "manufacture”: *676 "Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, directly or indirectly by extraction from substances of natural origin, or…”
People v. Pearson, 403 N.W.2d 498 (Mich. Ct. App. 1987).
“[MCL 333.7106(2); MSA 14.15(7106X2). Emphasis added.”
People v. Derror, 706 N.W.2d 451 (Mich. Ct. App. 2005).
“18 MCL 333.7106(3). 19 It is not contended that carboxy THC could be chemically classified as a salt.”
People of Michigan v. Vanessa Aidee Mansour, 926 N.W.2d 26 (Mich. Ct. App. 2018).
“26423(e) ; MCL 333.7106(4).] In Carruthers , this Court concluded that while the marijuana-infused brownies that the defendant possessed "were not usable marijuana under the MMMA," the defendant was not entitled to immunity under § 4 of the MMMA because both § 4(a) and § 4(b)…”
People v. Derror, 715 N.W.2d 822 (Mich. 2006).
· cites it 8× “This is explicitly expressed in one of the subheadings addressing this issue, which states, "The Definition Of Marijuana In MCL 333.7106 Does Not Include Carboxy THC.”
People of Michigan v. Alexan Armen Korkigian (Mich. Ct. App. 2020).
· cites it 10× “” MCL 333.7106(3). And although Korkigian presented an expert opinion that his acts were mere preparation or compounding of marijuana, the evidence also supported that Korkigian’s actions amounted to processing or conversion.”
People of Michigan v. Richard Allen Baham (Mich. Ct. App. 2017).
· cites it 4× “[MCL 333.7106(3) (emphasis added).] Given the plain language of § 7106(3)(a), it is clear that an individual who engages in the “preparation or compounding of a controlled substance .”
— Mich. Comp. Laws § 333.7106(1)(4) — 1 case
— Mich. Comp. Laws § 333.7106(2) — 4 cases
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
“6 MCL 333.7106 was amended by 2014 PA 548 , effective January 15, 2015.”
People v. Hunter, 506 N.W.2d 611 (Mich. Ct. App. 1993).
“MCL 333.7106(2); MSA 14.15(7106)(2) defines "manufacture”: *676 "Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, directly or indirectly by extraction from substances of natural origin, or…”
People v. Pearson, 403 N.W.2d 498 (Mich. Ct. App. 1987).
“[MCL 333.7106(2); MSA 14.15(7106X2). Emphasis added.”
— Mich. Comp. Laws § 333.7106(3) — 15 cases
People v. Feezel, 783 N.W.2d 67 (Mich. 2010).
“It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or…”
People of Michigan v. Richard Allen Baham, 909 N.W.2d 836 (Mich. Ct. App. 2017).
“(b) The preparation, compounding, packaging, or labeling of a controlled substance by either of the following: ( i ) A practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her professional practice. ( ii…”
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
“6 MCL 333.7106 was amended by 2014 PA 548 , effective January 15, 2015.”
Wilcoxon v. City of Detroit Election Comm'n, 838 N.W.2d 183 (Mich. Ct. App. 2013).
“Under the MMMA, “ £[m]arihuana’ means that term as defined in section 7106 of the public health code, 1978 PA 368 , MCL 333.7106.” MCL 333.26423(e). MCL 333.”
People v. Derror, 706 N.W.2d 451 (Mich. Ct. App. 2005).
“18 MCL 333.7106(3). 19 It is not contended that carboxy THC could be chemically classified as a salt.”
— Mich. Comp. Laws § 333.7106(3)(a) — 4 cases
People of Michigan v. Richard Allen Baham, 909 N.W.2d 836 (Mich. Ct. App. 2017).
“(b) The preparation, compounding, packaging, or labeling of a controlled substance by either of the following: ( i ) A practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her professional practice. ( ii…”
People of Michigan v. Alexan Armen Korkigian (Mich. Ct. App. 2020).
“” MCL 333.7106(3). And although Korkigian presented an expert opinion that his acts were mere preparation or compounding of marijuana, the evidence also supported that Korkigian’s actions amounted to processing or conversion.”
People of Michigan v. Richard Allen Baham (Mich. Ct. App. 2017).
“[MCL 333.7106(3) (emphasis added).] Given the plain language of § 7106(3)(a), it is clear that an individual who engages in the “preparation or compounding of a controlled substance .”
— Mich. Comp. Laws § 333.7106(4) — 10 cases
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
“6 MCL 333.7106 was amended by 2014 PA 548 , effective January 15, 2015.”
People v. Ventura, 894 N.W.2d 108 (Mich. Ct. App. 2016).
“The relevant definition is that contained in MCL 333.7106(4), which provides the following definition: “Marihuana” means all parts of the plant Cannabis sativa L.”
People of Michigan v. Vanessa Aidee Mansour, 926 N.W.2d 26 (Mich. Ct. App. 2018).
“26423(e) ; MCL 333.7106(4).] In Carruthers , this Court concluded that while the marijuana-infused brownies that the defendant possessed "were not usable marijuana under the MMMA," the defendant was not entitled to immunity under § 4 of the MMMA because both § 4(a) and § 4(b)…”
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