§ 22-365. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the state board of pharmacy or its designated or established authority.

Controlled substance means a drug, substance or immediate precursor in sections 7211—7220 of Public Act No. 368 of 1978 (MCL 333.7211—333.7220). Any references in this division to a schedule are to the schedules found in such sections.

Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispensor other than the person who in fact manufactured, distributed or dispensed the substance.

Deliver or delivery means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

Imitation controlled substance means a substance that is not a controlled substance or is not a drug for which a prescription is required under federal or state law, which by dosage unit appearance including color, shape, size, or markings, and/or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. However, this subsection does not apply to a drug that is not a controlled substance if it was marketed before the controlled substance that it physically resembles.

Immediate precursor means a substance which the administrator has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical syntheses, and includes any packaging or repackaging of the substance or labeling or relabeling or its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to research, teaching or chemical analysis and not for sale.

Marijuana means all parts of the plant Cannabis sativa, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

Narcotic drug means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1)

Opium and opiate, and any salt, compound derivative or preparation of opium or opiate.

(2)

Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subsection (1) of this section, but not including the isoquinoline alkaloids of opium.

(3)

Opium poppy and poppy straw.

Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled by the state, the dextrorotatory isomer of 3-methoxy-n-methyl-morphine and its salts (dextromethorpha). It does include its racemic and levorotatory form.

Opium poppy means the plant of the species Papaver somniferum, except its seeds.

Poppy straw means all parts, except the seeds of the opium poppy, after mowing.

Practitioner means a physician, dentist, veterinarian or pharmacist, scientific investigator as defined by rule of the administrator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

Production includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

(Code 1977, § 15-207; Ord. No. 92, § 9.1000(1), 9-8-1975; Ord. No. 315, 2-13-2006)