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

Mich. Comp. Laws § 333.7407 (2026)

Prohibited conduct; violation as felony; penalty.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.7407 Prohibited conduct; violation as felony; penalty.

Sec. 7407.

    (1) A person shall not knowingly or intentionally:

    (a) Distribute as a licensee a controlled substance classified in schedule 1 or 2, except pursuant to an order form as required by section 7331.

    (b) Use in the course of the manufacture or distribution of a controlled substance a license number that is fictitious, revoked, suspended, or issued to another person.

    (c) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.

    (d) Furnish false or fraudulent material information in, or omit any material information from, an application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article.

    (e) Make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon a drug or container or labeling thereof so as to render the drug a counterfeit substance.

    (f) Possess counterfeit prescription forms, except as an agent of government while engaged in the enforcement of this part.

    (2) A person shall not refuse or knowingly fail to make, keep, or furnish any record, notification, order form, statement, invoice, or other information required under this article.

    (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $30,000.00, or both.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 30, Eff. Aug. 26, 1988 ;-- Am. 1988, Act 60, Eff. Aug. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2001, Act 236, Eff. Jan. 6, 2003

Compiler's Notes:

    Enacting section 2 of Act 236 of 2001 provides:

    “Enacting section 2. Sections 7401, 7403, 7407, and 7521 of the public health code, 1978 PA 368, MCL 333.7401, 333.7403, 333.7407, and 333.7521, as amended by this amendatory act, take effect upon 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
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1981–2024 · leading case: People v. Pinkney, 912 N.W.2d 535 (Mich. 2018).
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People v. Pinkney, 912 N.W.2d 535 (Mich. 2018). “81112(4) (subjecting to punishment "[a] person who intentionally reproduces, alters, counterfeits, forges, or duplicates an [off-road vehicle] certificate of title"); MCL 333.7407(1)(c) ("A person shall not knowingly or intentionally .”
Orzel v. Scott Drug Co., 537 N.W.2d 208 (Mich. 1995). · cites it 2× “15(7407) provides in pertinent part: (1) A person shall not-knowingly or intentionally: (c) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. (d) Furnish false or fraudulent material information in, or omit any…”
People v. Hegwood, 636 N.W.2d 127 (Mich. 2001). “MCL 333.7407(l)(c). The offense is punishable by a maximum term of four years in prison.”
People v. Allen, 813 N.W.2d 806 (Mich. Ct. App. 2011). “After Allen pleaded guilty to attempting to commit prescription fraud, see MCL 333.7407(l)(c); MCL 333.7407a(l), the trial court sentenced Allen under a sentencing agreement to serve one year of probation and ordered her to pay $5,753.”
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). “Reversed and remanded to the circuit court for further proceedings consistent with this opinion and MCL 28.”
People v. Childs, 622 N.W.2d 90 (Mich. Ct. App. 2000). “The prosecutor’s theory of the case was that the defendant obtained a prescription for the controlled substance from his doctor, but altered the number of tablets on that prescription before attempting to obtain the controlled substance at the pharmacy.”
People v. Roth, 397 N.W.2d 196 (Mich. Ct. App. 1986). “MCL 333.7407(1)(c); MSA 14.15(7407)(1)(c).”
People v. Cunningham, 852 N.W.2d 118 (Mich. 2014). · cites it 4× “*153 In this case, the statute under which defendant was convicted, MCL 333.7407, does not provide courts with the authority to impose costs.”
People v. Droog, 761 N.W.2d 822 (Mich. Ct. App. 2009). “FACTS Defendant had been convicted in 2001 of obtaining a controlled substance by fraud, MCL 333.7407(l)(c). She was sentenced to probation and community service and ordered to pay restitution.”
People v. Davis, 311 N.W.2d 411 (Mich. Ct. App. 1981). · cites it 2× “Defendant was charged with obtaining a controlled substance by fraud, MCL 333.7407(l)(c); MSA 14.15(7407)(l)(c).”
People v. Joseph, 313 N.W.2d 340 (Mich. Ct. App. 1981). · cites it 2× “MCL 333.7407(1)(c); MSA 14.15(7407)(1)(c).”
People v. Lawrence Johnson, 314 N.W.2d 631 (Mich. Ct. App. 1981). “On July 23, 1980, defendant was convicted of knowingly or intentionally acquiring or obtaining possession of a controlled substance (pentazocine) by misrepresentation, fraud, forgery, deception, or subterfuge, contrary to MCL 333.7407(l)(c); MSA 14.15(7407)(l)(c).”
Show all 20 citing cases →
— Mich. Comp. Laws § 333.7407(1)(c) — 7 cases
People v. Pinkney, 912 N.W.2d 535 (Mich. 2018). “81112(4) (subjecting to punishment "[a] person who intentionally reproduces, alters, counterfeits, forges, or duplicates an [off-road vehicle] certificate of title"); MCL 333.7407(1)(c) ("A person shall not knowingly or intentionally .”
People v. Roth, 397 N.W.2d 196 (Mich. Ct. App. 1986). “MCL 333.7407(1)(c); MSA 14.15(7407)(1)(c).”
People v. Joseph, 313 N.W.2d 340 (Mich. Ct. App. 1981). “MCL 333.7407(1)(c); MSA 14.15(7407)(1)(c).”
Carr v. Midland Cty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2004).
People of Michigan v. John Edward Reed (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 333.7407(3) — 1 case
Orzel v. Scott Drug Co., 537 N.W.2d 208 (Mich. 1995). “15(7407) provides in pertinent part: (1) A person shall not-knowingly or intentionally: (c) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. (d) Furnish false or fraudulent material information in, or omit any…”
— Mich. Comp. Laws § 333.7407(l)(c) — 11 cases
People v. Hegwood, 636 N.W.2d 127 (Mich. 2001). “MCL 333.7407(l)(c). The offense is punishable by a maximum term of four years in prison.”
People v. Allen, 813 N.W.2d 806 (Mich. Ct. App. 2011). “After Allen pleaded guilty to attempting to commit prescription fraud, see MCL 333.7407(l)(c); MCL 333.7407a(l), the trial court sentenced Allen under a sentencing agreement to serve one year of probation and ordered her to pay $5,753.”
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). “Reversed and remanded to the circuit court for further proceedings consistent with this opinion and MCL 28.”
People v. Childs, 622 N.W.2d 90 (Mich. Ct. App. 2000). “The prosecutor’s theory of the case was that the defendant obtained a prescription for the controlled substance from his doctor, but altered the number of tablets on that prescription before attempting to obtain the controlled substance at the pharmacy.”
People v. Droog, 761 N.W.2d 822 (Mich. Ct. App. 2009). “FACTS Defendant had been convicted in 2001 of obtaining a controlled substance by fraud, MCL 333.7407(l)(c). She was sentenced to probation and community service and ordered to pay restitution.”
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