Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.7109 (2026)

Definitions; P to U.

✓ 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


333.7109 Definitions; P to U.

Sec. 7109.

    (1) "Person" means a person as defined in section 1106 or a governmental entity.

    (2) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

    (3) "Practitioner" means any of the following:

    (a) A prescriber or pharmacist, a scientific investigator as defined by rule of the administrator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state, including an individual in charge of a dog pound or animal shelter licensed or registered by the department of agriculture and rural development under 1969 PA 287, MCL 287.331 to 287.340, or a class B dealer licensed by the United States Department of Agriculture under the animal welfare act, Public Law 89-544, 7 USC 2131 to 2147, 2149, and 2151 to 2159 and the department of agriculture and rural development under 1969 PA 224, MCL 287.381 to 287.395, for the limited purpose of buying, possessing, and administering a commercially prepared, premixed solution of sodium pentobarbital to practice euthanasia on animals.

    (b) A pharmacy, hospital, or other institution or place of professional practice licensed, registered, or otherwise permitted to distribute, prescribe, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state.

    (4) "Prescriber" means that term as defined in section 17708.

    (5) "Prescription form" means a printed form, that is authorized and intended for use by a prescribing practitioner to prescribe controlled substances or other prescription drugs and that meets the requirements of rules promulgated by the administrator, and all of the following requirements:

    (a) Bears the preprinted, stamped, typed, or manually printed name, address, and telephone number or pager number of the prescribing practitioner.

    (b) Includes the manually printed name of the patient, the address of the patient, the prescribing practitioner's signature, and the prescribing practitioner's drug enforcement administration registration number.

    (c) Includes the quantity of the prescription drug prescribed, in both written and numerical terms.

    (d) Includes the date the prescription drug was prescribed.

    (e) Complies with any rules promulgated by the department under section 7333a(6).

    (6) "Production" means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

    (7) "Sign" means to affix one's signature manually to a document or to use an electronic signature.

    (8) "Ultimate user" means an individual who lawfully possesses a controlled substance for personal use or for the use of a member of the individual's household, or for administering to an animal owned by the individual or by a member of the individual's household.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 414, Imd. Eff. Jan. 11, 1981 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2001, Act 233, Eff. Jan. 6, 2003 ;-- Am. 2016, Act 383, Eff. Mar. 28, 2017

Compiler's Notes:

    Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”

    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

AdminRule Notes:

    R 338.471 et seq. and R 338.3101 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 9 cases, 1987–2020 · leading case: People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017).
Sort: Relevance Newest Treatment
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017). · cites it 3× “6 The Legislature did not make any changes to Subsection (8) in the recent amendment of MCL 333.7109. See 2016 PA 383 . 7 MCL 333.”
People of Michigan v. Richard Allen Baham, 909 N.W.2d 836 (Mich. Ct. App. 2017). “In comparison, as commonly understood, (1) "propagation" involves "the act or action of propagating," such as to "increase (as of a kind of organism) in *242 numbers," (2) "conversion" is "the act of converting," and (3) "processing" refers to "a series of actions or operations…”
People v. Hardy, 469 N.W.2d 50 (Mich. Ct. App. 1991). · cites it 2× “" MCL 333.7109(1); MSA 14.15(7109)(1); MCL 333.”
State v. McQueen, 811 N.W.2d 513 (Mich. Ct. App. 2011). “[MCL 333.7109(3).] The MMMA does not allow for the medical use of marijuana in all circumstances.”
People v. Pearson, 403 N.W.2d 498 (Mich. Ct. App. 1987). “” MCL 333.7109(4); MSA 14.15(7109)(4). These provisions are taken from the Uniform Controlled Substances Act and have been discussed at length by courts of other jurisdictions.”
People of Michigan v. John Herbert Gonzales (Mich. Ct. App. 2017). · cites it 2× “MCL 333.7109(3). When a defendant seeks to invoke an exemption or exception under § 7403(1), the burden rests with the defendant.”
People of Michigan v. John Herbert Gonzales (Mich. Ct. App. 2017). · cites it 2× “MCL 333.7109(3). When a defendant seeks to invoke an exemption or exception under § 7403(1), the burden rests with the defendant.”
People of Michigan v. Richard Allen Baham (Mich. Ct. App. 2017). “” MCL 333.7109(6). In turn, “manufacture” means “to make” from materials.”
People of Michigan v. Alexan Armen Korkigian (Mich. Ct. App. 2020). “In comparison, as commonly understood, (1) “propagation” involves “the act or action of propagating,” such as to “increase (as of a kind of organism) in numbers,” (2) “conversion” is “the act of converting,” and (3) “processing” refers to “a series of actions or operations…”
— Mich. Comp. Laws § 333.7109(1) — 2 cases
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017). “6 The Legislature did not make any changes to Subsection (8) in the recent amendment of MCL 333.7109. See 2016 PA 383 . 7 MCL 333.”
People v. Hardy, 469 N.W.2d 50 (Mich. Ct. App. 1991). “" MCL 333.7109(1); MSA 14.15(7109)(1); MCL 333.”
— Mich. Comp. Laws § 333.7109(3) — 3 cases
State v. McQueen, 811 N.W.2d 513 (Mich. Ct. App. 2011). “[MCL 333.7109(3).] The MMMA does not allow for the medical use of marijuana in all circumstances.”
People of Michigan v. John Herbert Gonzales (Mich. Ct. App. 2017). “MCL 333.7109(3). When a defendant seeks to invoke an exemption or exception under § 7403(1), the burden rests with the defendant.”
People of Michigan v. John Herbert Gonzales (Mich. Ct. App. 2017). “MCL 333.7109(3). When a defendant seeks to invoke an exemption or exception under § 7403(1), the burden rests with the defendant.”
— Mich. Comp. Laws § 333.7109(4) — 3 cases
People v. Pearson, 403 N.W.2d 498 (Mich. Ct. App. 1987). “” MCL 333.7109(4); MSA 14.15(7109)(4). These provisions are taken from the Uniform Controlled Substances Act and have been discussed at length by courts of other jurisdictions.”
People of Michigan v. John Herbert Gonzales (Mich. Ct. App. 2017). “MCL 333.7109(3). When a defendant seeks to invoke an exemption or exception under § 7403(1), the burden rests with the defendant.”
People of Michigan v. John Herbert Gonzales (Mich. Ct. App. 2017). “MCL 333.7109(3). When a defendant seeks to invoke an exemption or exception under § 7403(1), the burden rests with the defendant.”
— Mich. Comp. Laws § 333.7109(6) — 3 cases
People of Michigan v. Richard Allen Baham, 909 N.W.2d 836 (Mich. Ct. App. 2017). “In comparison, as commonly understood, (1) "propagation" involves "the act or action of propagating," such as to "increase (as of a kind of organism) in *242 numbers," (2) "conversion" is "the act of converting," and (3) "processing" refers to "a series of actions or operations…”
People of Michigan v. Richard Allen Baham (Mich. Ct. App. 2017). “” MCL 333.7109(6). In turn, “manufacture” means “to make” from materials.”
People of Michigan v. Alexan Armen Korkigian (Mich. Ct. App. 2020). “In comparison, as commonly understood, (1) “propagation” involves “the act or action of propagating,” such as to “increase (as of a kind of organism) in numbers,” (2) “conversion” is “the act of converting,” and (3) “processing” refers to “a series of actions or operations…”
— Mich. Comp. Laws § 333.7109(8) — 1 case
People of Michigan v. Jason Charles Robar, 910 N.W.2d 328 (Mich. Ct. App. 2017). “6 The Legislature did not make any changes to Subsection (8) in the recent amendment of MCL 333.7109. See 2016 PA 383 . 7 MCL 333.”
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.