A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7103, 7105, 7106, 7401, 7403, 7403a, 7451, 7453, and 7455 (MCL 333.7103, 333.7105, 333.7106, 333.7401, 333.7403, 333.7403a, 333.7451, 333.7453, and 333.7455), section 7103 as amended by 1988 PA 60, section 7105 as amended by 1993 PA 80, section 7106 as amended by 2021 PA 60, section 7401 as amended by 2016 PA 548, section 7403 as amended by 2016 PA 307, section 7403a as added by 2010 PA 354, section 7451 as added by 1988 PA 139, section 7453 as amended by 2024 PA 18, and section 7455 as amended by 2024 PA 19.
The bill primarily aims to regulate the use, distribution, and possession of xylazine, a substance increasingly used illicitly. The legislation defines key terms related to the administration, delivery, and dispensing of controlled substances, including xylazine, and outlines the legal framework for its licit use, particularly in veterinary medicine and pharmaceutical manufacturing.
The bill introduces stringent penalties for the illicit manufacture, delivery, and possession of xylazine, aligning them with existing penalties for other controlled substances. For instance, unauthorized possession of xylazine can result in a felony charge, punishable by up to five years in prison or a fine of up to $15,000. Similarly, fraudulent attempts to obtain xylazine from healthcare providers are subject to severe penalties, including imprisonment and fines.
Significant changes to existing laws include amendments to sections 7103, 7105, 7106, 7401, 7403, 7403a, 7451, 7453, and 7455 of the Michigan Compiled Laws (MCL). These amendments expand the definitions and regulatory scope to include xylazine alongside other controlled substances. The bill also mandates that health facilities develop processes for notifying parents or guardians when minors seek emergency medical treatment due to drug overdoses involving xylazine.
The legislation impacts various stakeholders, including healthcare providers, pharmacists, veterinarians, law enforcement, and individuals using or distributing xylazine. Healthcare providers and pharmacists must adhere to stricter guidelines for prescribing and dispensing xylazine, while law enforcement agencies are tasked with enforcing the new regulations. The bill also provides legal protections for individuals seeking medical assistance during drug overdoses, aiming to encourage timely medical intervention without fear of prosecution.
Key timelines and deadlines include the immediate effect of the bill upon enactment, with specific provisions for notifying individuals in possession of drug paraphernalia related to xylazine before any arrests are made. This notification process requires a minimum of two business days' notice from the attorney general or prosecuting attorney, offering a window for compliance to avoid prosecution.
Overall, House Bill No. 5834 seeks to address the growing concern of xylazine misuse by establishing clear legal parameters and penalties, thereby enhancing public health and safety.
Introduced
by
Referred to the Committee on Judiciary
