2005 House Bill 5077

Revise “drug paraphernalia” sale ban

Introduced in the House

Aug. 3, 2005

Introduced by Rep. John Stakoe (R-44)

To revise the prohibition on the sale of “drug paraphernalia” so as to remove the requirement that a violator know that the specific product will be used for the preparation or consumption of illegal drugs, and not for some other purpose. 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 Judiciary