Controlled substances: drug paraphernalia; sale of nitrous oxide devices; prohibit. Amends sec. 7453 of 1978 PA 368 (MCL 333.7453). TIE BAR WITH: SB 0058'23
Impact
The provisions of this bill require that individuals who may be arrested for selling prohibited items receive written notice from the Attorney General or a prosecuting attorney two business days prior to the arrest. If the individual complies with the notice by refraining from the sale, they are exempt from prosecution provided compliance continues. This establishes a framework intended to prevent criminal penalties for inadvertent sales and focuses on education and compliance as strategies to combat misuse of nitrous oxide and associated paraphernalia.
Summary
Senate Bill 0057 addresses the sale of specific drug paraphernalia, particularly focusing on items used for inhaling nitrous oxide for recreational purposes. This bill amends Section 7453 of the Public Health Code in Michigan, which governs the regulation of controlled substances and related paraphernalia. By prohibiting the sale or offer of sale of such paraphernalia, the bill aims to curb substance abuse and promote public health, responding to concerns about the growing recreational use of nitrous oxide.
Sentiment
Overall sentiment regarding SB 0057 appears to favor the intent to improve public health and safety. Supporters argue that the regulation is necessary to combat the misuse of nitrous oxide, which has potential risks associated with its recreational use. Critics, however, may voice concerns regarding the enforcement of such measures, particularly the implications for law enforcement practices and the potential for unintended consequences associated with criminalizing certain behaviors related to personal use.
Contention
There remains a contention regarding individual rights in the context of this bill, especially in terms of pre-arrest notifications and the measures implemented to regulate the sale of drug paraphernalia. Some stakeholders may express concerns about overreach into personal freedoms while others will argue that public health must take precedence in the face of rising substance abuse issues. The waiting period and notification process before arrests are significant provisions aimed at ensuring individuals are not penalized without first being made aware of the regulations in place.
Same As
Controlled substances: drug paraphernalia; penalties for sale of nitrous oxide devices; provide for. Amends sec. 7455 of 1978 PA 368 (MCL 333.7455). TIE BAR WITH: SB 0057'23
Controlled substances: drug paraphernalia; penalties for sale of nitrous oxide devices; provide for. Amends sec. 7455 of 1978 PA 368 (MCL 333.7455). TIE BAR WITH: SB 0057'23
Controlled substances: drug paraphernalia; sale of nitrous oxide devices; prohibit. Amends sec. 7453 of 1978 PA 368 (MCL 333.7453). TIE BAR WITH: SB 0058'23
Controlled substances: drug paraphernalia; sale of nitrous oxide devices; prohibit. Amends sec. 7455 of 1978 PA 368 (MCL 333.7455). TIE BAR WITH: HB 4348'23
Crimes: drugs; illicit use of xylazine; prohibit, and provide penalties. Amends secs. 7103, 7105, 7106, 7401, 7403, 7403a, 7451, 7453 & 7455 of 1978 PA 368 (MCL 333.7103 et seq.).
Crimes: drugs; illicit use of xylazine; prohibit, and provide penalties. Amends secs. 7103, 7105, 7106, 7401, 7403, 7403a, 7451, 7453 & 7455 of 1978 PA 368 (MCL 333.7103 et seq.).
Health: other; syringe service programs; provide for. Amends secs. 7401, 7403, 7404, 7453 & 7457 of 1978 PA 368 (MCL 333.7401 et seq.) & adds sec. 5137.