Michigan Senate Bill SB0122

Michigan 2023-2024 Regular Session

• Introduced: 3/1/23
• Refer: 3/1/23

Caption

Crimes: penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend public health code to exclude application to individuals less than 19. Amends sec. 17764 of 1978 PA 368 (MCL 333.17764). TIE BAR WITH: SB 0119'23, SB 0121'23, SB 0123'23, SB 0120'23

Impact

This bill is poised to significantly alter the landscape of drug regulation within the state. By amending existing public health laws, it establishes stricter consequences for manufacturers and sellers who misbrand or adulterate drugs. The considered penalties range from misdemeanor charges to severe felonies that can invite long-term imprisonment, especially in cases where violations cause personal injury or death. This progressive change aims to deter malicious practices within the pharmaceutical and healthcare industries, thereby fostering a safer environment for consumers.

Summary

Senate Bill 122, titled 'An Act to amend 1978 PA 368, entitled Public Health Code,' primarily focuses on strengthening regulations around the sale and marketing of drugs and devices. The bill outlines specific prohibitions against selling or manufacturing products bearing misleading labels about their contents or uses, categorizing violations of these provisions as misdemeanors or felonies depending on the severity of the offense. This reflects a concerted effort to enhance consumer safety by ensuring that products are accurately represented in their labeling and advertising practices.

Contention

Notably, the bill introduces heightened penalties for individuals under the age of 19 who commit violations resulting in serious harm or death. Critics argue this provision could lead to disproportionate sentencing for younger individuals, potentially labeling them as felons for mistakes that might occur without malicious intent. Furthermore, the bill's tying to subsequent legislation (SB 119, SB 121, SB 123, and SB 120) indicates a strategic legislative approach, potentially raising discussions about the implications of interlinked laws in the state legislature.