2005 House Bill 5492 / 2006 Public Act 458

Revise “drug paraphernalia” sale ban

Introduced in the House

Dec. 8, 2005

Introduced by Rep. Kevin Elsenheimer (R-105)

To revise the prohibition on the sale of “drug paraphernalia” so as to remove an exemption for items which “may be used” to smoke tobacco or other legal products, and replace it with an exemption for items used “exclusively” for tobacco or other legal products. Sale of drug paraphernalia is punishable by up to 90 days in jail. The definition of prohibited items is found <a href="http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-333-7451">here</a>. The state Court of Appeals recently threw out a conviction under this law because the product could be used to smoke tobacco. The court “invited” the legislature to revise the statute.

Referred to the Committee on Health Policy

March 14, 2006

Reported without amendment

Without amendment and with the recommendation that the bill pass.

March 22, 2006

Amendment offered by Rep. Kevin Elsenheimer (R-105)

To just eliminate, rather than try to qualify, the exemption that allows the sale of "drug paraphernalia" that can also be used to smoke tobacco.

The amendment passed by voice vote

Amendment offered by Rep. Kevin Elsenheimer (R-105)

To establish that if passed the bill will go into effect 90 days after it is enacted.

The amendment passed by voice vote

Passed in the House 104 to 1 (details)

To eliminate the exemption for items which may be used to smoke tobacco or other legal products in the prohibition on the sale of “drug paraphernalia.” Sale of drug paraphernalia is punishable by up to 90 days in jail. The definition of prohibited items is found <a href="http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-333-7451">here</a>. The state Court of Appeals recently threw out a conviction under this law because the product could be used to smoke tobacco. The court “invited” the legislature to revise the statute.

Received

To give the bill immediate effect.

Passed in the House 104 to 1 (details)

Received in the Senate

March 23, 2006

Referred to the Committee on Health Policy

July 26, 2006

Referred to the Committee on Judiciary

Nov. 30, 2006

Reported without amendment

With the recommendation that the bill pass.

Dec. 6, 2006

Passed in the Senate 35 to 2 (details)

To eliminate the exemption for items which may be used to smoke tobacco or other legal products in the prohibition on the sale of “drug paraphernalia.” Sale of drug paraphernalia is punishable by up to 90 days in jail. The definition of prohibited items is found <a href="http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-333-7451">here</a>. The state Court of Appeals recently threw out a conviction under this law because the product could be used to smoke tobacco. The court “invited” the legislature to revise the statute.

Signed by Gov. Jennifer Granholm

Dec. 19, 2006