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

Mich. Comp. Laws § 333.7459 (2026)

Action for declaratory judgment; defendant.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.7459 Action for declaratory judgment; defendant.

Sec. 7459.

    (1)  A person who has received a notice under section 7453(2) may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell.

    (2) The attorney general or the prosecuting attorney who sent the notice under section 7453(2) shall be made the defendant to an action commenced under subsection (1).

History: Add. 1988, Act 139, Imd. Eff. June 3, 1988

PopularName Notes:

Act 368
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2005–2021 · leading case: Gauthier v. Alpena Cnty. Prosecutor, 703 N.W.2d 818 (Mich. Ct. App. 2005).
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Gauthier v. Alpena Cnty. Prosecutor, 703 N.W.2d 818 (Mich. Ct. App. 2005). “” MCL 333.7459(1). The problem with the statute is that even if each item were designed solely for the purpose of introducing a controlled substance into the human body, it would still be exempt if it “may be used” in the preparation and smoking of tobacco.”
Waterford Redemption Ctr. LLC v. Gaming Control bd/Exec. Dir (Mich. Ct. App. 2021). · cites it 2× “For example, MCL 333.7459(1) provides that a merchant who receives notice under MCL 333.”
— Mich. Comp. Laws § 333.7459(1) — 2 cases
Gauthier v. Alpena Cnty. Prosecutor, 703 N.W.2d 818 (Mich. Ct. App. 2005). “” MCL 333.7459(1). The problem with the statute is that even if each item were designed solely for the purpose of introducing a controlled substance into the human body, it would still be exempt if it “may be used” in the preparation and smoking of tobacco.”
Waterford Redemption Ctr. LLC v. Gaming Control bd/Exec. Dir (Mich. Ct. App. 2021). “For example, MCL 333.7459(1) provides that a merchant who receives notice under MCL 333.”
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