Michigan Compiled Laws

Mich. Comp. Laws § 333.7208 (2026)

Authority to control; exclusions.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.7208 Authority to control; exclusions.

Sec. 7208.

    (1) Authority to control under this article does not extend to distilled spirits, wine, malt beverages, or tobacco.

    (2) Except as provided in section 7220(1)(c), the administrator shall exclude a nonnarcotic substance from a schedule if the substance, under the federal food, drug, and cosmetic act of 1938, 21 U.S.C. 301 to 392, and the laws of this state, may be lawfully sold over the counter without a prescription.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1999, Act 144, Eff. Jan. 21, 2000

PopularName Notes:

Act 368
Notes of Decisions
Cited in 3 cases, 1983–2011 · leading case: People v. Hartuniewicz, 816 N.W.2d 442 (Mich. Ct. App. 2011).
People v. Hartuniewicz, 816 N.W.2d 442 (Mich. Ct. App. 2011). “7227(3) provides: “An excluded substance is a deleterious drug and may be manufactured, distributed, or dispensed only by a person who is registered to manufacture, distribute, or dispense a controlled substance under [MCL 333.7208(2)].” MCL 333.7229 integrates various…”
People v. Endres, 711 N.W.2d 398 (Mich. Ct. App. 2006). “In addition, MCL 333.7208 states, in pertinent part, that the “[authority to control under this article does not extend to distilled spirits, wine, [or] malt beverages .”
People v. O'NEAL, 333 N.W.2d 56 (Mich. Ct. App. 1983). “4 MCL 333.7208; MSA 14.15(7208). 5 MCL 333.”
— Mich. Comp. Laws § 333.7208(2) — 1 case
People v. Hartuniewicz, 816 N.W.2d 442 (Mich. Ct. App. 2011). “7227(3) provides: “An excluded substance is a deleterious drug and may be manufactured, distributed, or dispensed only by a person who is registered to manufacture, distribute, or dispense a controlled substance under [MCL 333.7208(2)].” MCL 333.7229 integrates various…”
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