PUBLIC HEALTH CODE
Act 368 of 1978
333.7405 Prohibited conduct; violation; penalties.
Sec. 7405.
(1) A person shall not do any of the following:
(a) If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333.
(b) If the person is a licensee, manufacture a controlled substance not authorized by his or her license or distribute, prescribe, or dispense a controlled substance not authorized by his or her license to another licensee or other authorized person, except as authorized by rules promulgated by the administrator.
(c) Refuse an entry into any premises for an inspection authorized by this article.
(d) Knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances in violation of this article.
(e) If the person is a practitioner, dispense a controlled substance under a prescription written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber licensed to practice in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances.
(2) A person who violates subsection (1) is subject to the penalties prescribed in section 7406.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 30, Eff. Aug. 26, 1988 ;-- Am. 1997, Act 153, Eff. Mar. 31, 1998 ;-- Am. 2004, Act 536, Imd. Eff. Jan. 3, 2005 ;-- Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;-- Am. 2009, Act 150, Imd. Eff. Nov. 19, 2009 ;-- Am. 2011, Act 155, Imd. Eff. Sept. 27, 2011 ;-- Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;-- Am. 2016, Act 49, Eff. June 13, 2016
Compiler's Notes:
Enacting section 1 of Act 49 of 2016 provides:
"Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018."
PopularName Notes:
Act 368
AdminRule Notes:
R 338.493a et seq. and R 338.3101 et seq. of the Michigan Administrative Code.
Notes of Decisions
Cited in
164
cases (
49 in the last 5 years), 1982–2026 · leading case:
People v. Thompson, 730 N.W.2d 708 (Mich. 2007).
People v. Thompson, 730 N.W.2d 708 (Mich. 2007).
· cites it 54× “The issue in this case is whether MCL 333.7405(1)(d), which, among other things, forbids a person from knowingly “keep[ing] or maintain[ing]” a vehicle that is used for keeping or selling controlled substances, requires for a conviction that the prosecutor show, as was stated in…”
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
· cites it 3× “7401(2)(d)(iii); and maintaining a drug house, MCL 333.7405(d). Defendant was sentenced to 57 months to 20 years’ imprisonment for the extortion conviction, 57 months to 15 years’ imprisonment for each conviction of unlawful imprisonment, 2 years to 4 years’ imprisonment for…”
People v. Norfleet, 897 N.W.2d 195 (Mich. Ct. App. 2016).
· cites it 2× “157a; one count of maintaining a drug house, MCL 333.7405(d); and one count of maintaining a drug vehicle, MCL 333.”
People v. Bartlett, 585 N.W.2d 341 (Mich. Ct. App. 1998).
· cites it 6× “Defendant appeals by right his jury trial conviction for knowingly keeping or maintaining a drug house, MCL 333.7405(d); MSA 14.15(7405)(d). Defendant was sentenced to serve six months in jail.”
People v. Griffin, 597 N.W.2d 176 (Mich. Ct. App. 1999).
· cites it 5× “354(1), and maintaining a drug house, MCL 333.7405(d); MSA 14.15(7405)(d). We affirm.”
People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003).
· cites it 2× “7401(2)(a)(iv); maintaining a drug house, MCL 333.7405(1)(d); possession of a firearm by a felon, MCL 750.”
People of Michigan v. Tarone Devon Washington, 916 N.W.2d 477 (Mich. 2018).
· cites it 4× “Washington, was convicted of keeping or maintaining a drug house in violation of MCL 333.7405(1)(d), felony-firearm in violation of MCL 750.”
People v. Gonzalez, 663 N.W.2d 499 (Mich. Ct. App. 2003).
· cites it 2× “§ 333.7405(1)(d); and possession of a firearm during the commission of a felony, M.”
People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
· cites it 2× “" [7] Defendant's acts in this case fall squarely within this language and fully support a charge of possession of heroin under an aiding and abetting theory. Therefore, I believe the Court of Appeals correctly affirmed the circuit court's order quashing the bindover.”
People v. Keller, 739 N.W.2d 505 (Mich. 2007).
· cites it 2× “2157b(4)(b) ("`Crime stoppers organization' means a private, nonprofit organization that distributes rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency.”
People v. Bylsma; People v. Overholt, 315 Mich. App. 363 (Mich. Ct. App. 2016).
· cites it 2× “5 After Bylsma’s second motion to dismiss was denied, the prosecution amended the felony information to add one count of maintaining a drug house, MCL 333.7405(1)(d), and one count of possession of marijuana, MCL 333.”
People v. Custer, 630 N.W.2d 870 (Mich. 2001).
· cites it 2× “§ 333.7405(d), and conspiring to deliver 5 to 45 kilograms of marijuana, M.”
— Mich. Comp. Laws § 333.7405(1)(D) — 1 case
— Mich. Comp. Laws § 333.7405(1)(a) — 1 case
— Mich. Comp. Laws § 333.7405(1)(d) — 116 cases
People v. Thompson, 730 N.W.2d 708 (Mich. 2007).
“The issue in this case is whether MCL 333.7405(1)(d), which, among other things, forbids a person from knowingly “keep[ing] or maintain[ing]” a vehicle that is used for keeping or selling controlled substances, requires for a conviction that the prosecutor show, as was stated in…”
People v. Gonzalez, 663 N.W.2d 499 (Mich. Ct. App. 2003).
“§ 333.7405(1)(d); and possession of a firearm during the commission of a felony, M.”
— Mich. Comp. Laws § 333.7405(2) — 1 case
— Mich. Comp. Laws § 333.7405(d) — 31 cases
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
“7401(2)(d)(iii); and maintaining a drug house, MCL 333.7405(d). Defendant was sentenced to 57 months to 20 years’ imprisonment for the extortion conviction, 57 months to 15 years’ imprisonment for each conviction of unlawful imprisonment, 2 years to 4 years’ imprisonment for…”
People v. Norfleet, 897 N.W.2d 195 (Mich. Ct. App. 2016).
“157a; one count of maintaining a drug house, MCL 333.7405(d); and one count of maintaining a drug vehicle, MCL 333.”
People v. Bartlett, 585 N.W.2d 341 (Mich. Ct. App. 1998).
“Defendant appeals by right his jury trial conviction for knowingly keeping or maintaining a drug house, MCL 333.7405(d); MSA 14.15(7405)(d). Defendant was sentenced to serve six months in jail.”
People v. Griffin, 597 N.W.2d 176 (Mich. Ct. App. 1999).
“354(1), and maintaining a drug house, MCL 333.7405(d); MSA 14.15(7405)(d). We affirm.”
People v. Thompson, 730 N.W.2d 708 (Mich. 2007).
“The issue in this case is whether MCL 333.7405(1)(d), which, among other things, forbids a person from knowingly “keep[ing] or maintain[ing]” a vehicle that is used for keeping or selling controlled substances, requires for a conviction that the prosecutor show, as was stated in…”
— Mich. Comp. Laws § 333.7405(d)(1) — 1 case
— Mich. Comp. Laws § 333.7405(l)(d) — 10 cases
People v. Thompson, 730 N.W.2d 708 (Mich. 2007).
“The issue in this case is whether MCL 333.7405(1)(d), which, among other things, forbids a person from knowingly “keep[ing] or maintain[ing]” a vehicle that is used for keeping or selling controlled substances, requires for a conviction that the prosecutor show, as was stated in…”
People v. Gonzalez, 663 N.W.2d 499 (Mich. Ct. App. 2003).
“§ 333.7405(1)(d); and possession of a firearm during the commission of a felony, M.”
People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
“" [7] Defendant's acts in this case fall squarely within this language and fully support a charge of possession of heroin under an aiding and abetting theory. Therefore, I believe the Court of Appeals correctly affirmed the circuit court's order quashing the bindover.”
People v. Keller, 739 N.W.2d 505 (Mich. 2007).
“2157b(4)(b) ("`Crime stoppers organization' means a private, nonprofit organization that distributes rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency.”
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.