PUBLIC HEALTH CODE
Act 368 of 1978
333.7455 Violation of MCL 333.7453 as misdemeanor; penalty.
Sec. 7455.
(1) Except as provided in subsection (2), a person who violates section 7453 is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000.00, or both.
(2) A person 18 years of age or older who violates section 7453 by selling or offering to sell an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia to a person less than 18 years of age is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $7,500.00, or both.
History: Add. 1988, Act 139, Imd. Eff. June 3, 1988 ;-- Am. 2024, Act 19, Eff. June 10, 2024
PopularName Notes:
Act 368
Notes of Decisions
Cited in
2
cases, 2005–2014 · leading case:
People v. Stevens, 858 N.W.2d 98 (Mich. Ct. App. 2014).
People v. Stevens, 858 N.W.2d 98 (Mich. Ct. App. 2014).
“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 is specifically titled “offenses and penalties.”
Gauthier v. Alpena Cnty. Prosecutor, 703 N.W.2d 818 (Mich. Ct. App. 2005).
“7451 as any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing;…”
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