PUBLIC HEALTH CODE
Act 368 of 1978
333.7453 Sale of object designed for inhaling nitrous oxide or drug paraphernalia prohibited; notice; compliance.
Sec. 7453.
(1) Subject to subsection (2), a person shall not sell or offer for sale an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia, knowing that the object specifically designed for inhaling nitrous oxide for recreational purposes will be used to inhale nitrous oxide for recreational purposes or that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(2) Before a person is arrested for a violation of subsection (1), the attorney general or a prosecuting attorney shall notify the person in writing, not less than 2 business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia. The notice also must request that the person refrain from selling or offering for sale the material and must state that if the person complies with the notice, no arrest will be made for a violation of subsection (1).
(3) If a person complies with a notice sent under subsection (2), the compliance is a complete defense in a prosecution under this section, as long as the compliance continues.
History: Add. 1988, Act 139, Imd. Eff. June 3, 1988 ;-- Am. 2024, Act 18, Eff. June 10, 2024
PopularName Notes:
Act 368
Notes of Decisions
Gauthier v. Alpena Cnty. Prosecutor, 703 N.W.2d 818 (Mich. Ct. App. 2005).
· cites it 7× “7451, that MCL 333.7453 prohibits the sale of drug paraphernalia, and that he would be arrested if he did not refrain from selling such items.”
People v. Stevens, 858 N.W.2d 98 (Mich. Ct. App. 2014).
“Acts involving drug paraphernalia are then criminalized in MCL 333.7453 and MCL 333.7455. Notably, the statutory definition of drug paraphernalia and the related provisions criminalizing activities associated with drug paraphernalia are found in Part 74 of Article 7, and Part 74…”
Brang Inc v. Liquor Control Comm'n, 910 N.W.2d 309 (Mich. Ct. App. 2017).
· cites it 2× “The Legislature, in outlawing the sale of drug paraphernalia under the PHC, has astutely required proof that a vendor know that the merchandise is to be used in relation to a controlled substance, MCL 333.7453(1), and that the product be "specifically designed" for use in…”
Waterford Redemption Ctr. LLC v. Gaming Control bd/Exec. Dir (Mich. Ct. App. 2021).
“7459(1) provides that a merchant who receives notice under MCL 333.7453(2) that he or she is offering prohibited drug paraphernalia for sale “may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell” those…”
— Mich. Comp. Laws § 333.7453(1) — 2 cases
Brang Inc v. Liquor Control Comm'n, 910 N.W.2d 309 (Mich. Ct. App. 2017).
“The Legislature, in outlawing the sale of drug paraphernalia under the PHC, has astutely required proof that a vendor know that the merchandise is to be used in relation to a controlled substance, MCL 333.7453(1), and that the product be "specifically designed" for use in…”
Gauthier v. Alpena Cnty. Prosecutor, 703 N.W.2d 818 (Mich. Ct. App. 2005).
“7451, that MCL 333.7453 prohibits the sale of drug paraphernalia, and that he would be arrested if he did not refrain from selling such items.”
— Mich. Comp. Laws § 333.7453(2) — 2 cases
Gauthier v. Alpena Cnty. Prosecutor, 703 N.W.2d 818 (Mich. Ct. App. 2005).
“7451, that MCL 333.7453 prohibits the sale of drug paraphernalia, and that he would be arrested if he did not refrain from selling such items.”
Waterford Redemption Ctr. LLC v. Gaming Control bd/Exec. Dir (Mich. Ct. App. 2021).
“7459(1) provides that a merchant who receives notice under MCL 333.7453(2) that he or she is offering prohibited drug paraphernalia for sale “may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell” those…”
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.