Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931

Mich. Comp. Laws § 750.16

Adulteration; drugs or medicine injurious to health; violations; penalty; “serious impairment of a body function” defined; other violations committed.

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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.16 Adulteration; drugs or medicine injurious to health; violations; penalty; “serious impairment of a body function” defined; other violations committed.

Sec. 16.

    (1) Except as otherwise provided in this section, a person who knowingly or recklessly commits any of the following actions is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both:

    (a) Adulterates, misbrands, removes, or substitutes a drug or medicine so as to render that drug or medicine injurious to health.

    (b) Sells, offers for sale, possesses for sale, causes to be sold, or manufactures for sale a drug or medicine that has been adulterated, misbranded, removed, or substituted so as to render it injurious to health.

    (2) A person who commits a violation of subsection (1) that results in personal injury is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.

    (3) A person who commits a violation of subsection (1) that results in serious impairment of a body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

    (4) A person who commits a violation of subsection (1) that results in death is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.

    (5) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, a person who commits a violation of subsection (1) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals that results in death is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.

    (6) As used in this section, "serious impairment of a body function" means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

    (7) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.16 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2004, Act 213, Eff. Oct. 12, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014

FormerLaw Notes:

    See section 3 of Ch. 159 of R.S. 1846, being CL 1857, § 5888; CL 1871, § 7728; How., § 9318; CL 1897, § 11406; CL 1915, § 15124; and CL 1929, § 16693.

Notes of Decisions
Cited in 10 cases (6 in the last 5 years), 2015–2025 · leading case: People of Michigan v. Kenya Ali Hyatt
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People of Michigan v. Kenya Ali Hyatt (2016) michctapp “offenders: *167 (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1) to imprisonment for life without the possibility of parole if the individual is or was convicted of any of the following violations: * ‡ * (b) A…”
People v. Skinner (2015) michctapp · cites it 2× “17764(7); MCL 750.16(5); MCL 750.18; MCL 750.436(2)(e) and MCL 750.”
People of Michigan v. Montario Marquise Taylor (2025) mich · cites it 2× “17 This last class includes conduct that results in a death following the adulteration or misbranding of drugs with an intent to kill or cause serious bodily impairment, MCL 750.16(5); MCL 750.18(7), and the transport of explosives with an intent to intimidate, injure, or kill,…”
People of Michigan v. Andrew Michael Czarnecki (2025) mich · cites it 2× “17 This last class includes conduct that results in a death following the adulteration or misbranding of drugs with an intent to kill or cause serious bodily impairment, MCL 750.16(5); MCL 750.18(7), and the transport of explosives with an intent to intimidate, injure, or kill,…”
People of Michigan v. Terrance Demon-Jordan Thomas Jr (2016) michctapp “* * * 2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1) to imprisonment for life without the possibility of parole if the individual is or was convicted of any of the following violations: * * * (b) A violation…”
People of Michigan v. Marc Anthony Osborne (2021) michctapp “]543f of the Michigan penal code, 1931 PA 328 , MCL 750.16, 750.18, 750.316, 750.436, and 750.”
People of Michigan v. Kemo Knicombi Parks (2022) mich “520b (first-degree criminal sexual conduct); MCL 750.16(5) (adulteration of drugs with intent to kill); MCL 750.”
People of Michigan v. Kemo Knicombi Parks (2022) mich “520b (first-degree criminal sexual conduct); MCL 750.16(5) (adulteration of drugs with intent to kill); MCL 750.”
People of Michigan v. Kemo Knicombi Parks (2022) mich “520b (first-degree criminal sexual conduct); MCL 750.16(5) (adulteration of drugs with intent to kill); MCL 750.”
Patterson v. Woods (2020) mied “(b) A violation of section 16(5) or 18(7) of the Michigan penal code, 1931 PA 328 , MCL 750.16 and 750.18. (c) A violation of chapter XXXIII of the Michigan penal code, 1931 PA 328 , MCL 750.”
— Mich. Comp. Laws § 750.16(5) — 6 cases
People v. Skinner (2015) michctapp “17764(7); MCL 750.16(5); MCL 750.18; MCL 750.436(2)(e) and MCL 750.”
People of Michigan v. Montario Marquise Taylor (2025) mich “17 This last class includes conduct that results in a death following the adulteration or misbranding of drugs with an intent to kill or cause serious bodily impairment, MCL 750.16(5); MCL 750.18(7), and the transport of explosives with an intent to intimidate, injure, or kill,…”
People of Michigan v. Andrew Michael Czarnecki (2025) mich “17 This last class includes conduct that results in a death following the adulteration or misbranding of drugs with an intent to kill or cause serious bodily impairment, MCL 750.16(5); MCL 750.18(7), and the transport of explosives with an intent to intimidate, injure, or kill,…”
People of Michigan v. Kemo Knicombi Parks (2022) mich “520b (first-degree criminal sexual conduct); MCL 750.16(5) (adulteration of drugs with intent to kill); MCL 750.”
People of Michigan v. Kemo Knicombi Parks (2022) mich “520b (first-degree criminal sexual conduct); MCL 750.16(5) (adulteration of drugs with intent to kill); MCL 750.”
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