2023 Senate Bill 58 / 2024 Public Act 19

Controlled substances: drug paraphernalia; penalties for sale of nitrous oxide devices; provide for.

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7455 (MCL 333.7455), as added by 1988 PA 139.

House Fiscal Agency Analysis

Senate Bills 57 and 58 would amend the Public Health Code to prohibit the sale of objects designed for inhaling nitrous oxide recreationally if the seller knows that is how they will be used. A violation would be a misdemeanor punishable by imprisonment for up to 90 days or a fine of up to $5,000, or both, with enhanced penalties for sales to a minor.

Introduced in the Senate

Feb. 7, 2023

Introduced by Sen. Joseph Bellino (R-16) and seven co-sponsors

Co-sponsored by Sens. Stephanie Chang (D-3), John Cherry (D-27), Paul Wojno (D-10), Dayna Polehanki (D-5), Veronica Klinefelt (D-11), Sylvia Santana (D-2) and Rosemary Bayer (D-13)

Referred to the Committee on Health Policy

Oct. 4, 2023

Reported without amendment

Oct. 5, 2023

Referred to the Committee of the Whole

Oct. 17, 2023

Reported without amendment

Oct. 18, 2023

Passed in the Senate 37 to 1 (details)

Received in the House

Oct. 18, 2023

Referred to the Committee on Health Policy

Feb. 13, 2024

Reported without amendment

Feb. 27, 2024

Passed in the House 88 to 17 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Feb. 28, 2024

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

March 12, 2024