§ 22-369. Manufacture, delivery, use or possession of imitation controlled substance; penalty; exception.

(a)

Except as provided in subsection (d) of this section, a person shall not manufacture, distribute, or possess with intent to distribute, an imitation controlled substance.

(b)

A person shall not use, or possess with intent to use, an imitation controlled substance, except under the direction of a person authorized pursuant to subsection (d) of this section. A person who violates this subsection is subject to a civil fine of not more than $100.00 and costs. Upon a second or subsequent violation of this subsection, a person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

(c)

A default in the payment of a civil fine or costs ordered under subsection (b) of this section or an installment thereof may be collected by any means authorized for the enforcement of a judgment under chapter 40 of the Revised Judicature Act of 1961 (MCL 600.4001 et seq.), or under chapter 60 of such Act (MCL 600.6001 et seq.).

(d)

This section does not apply to any person who is authorized by the administrator or the federal food and drug administration to manufacture, distribute, prescribe, or possess an imitation controlled substance for use as a placebo for legitimate medical, therapeutic, or research purposes.

(Ord. No. 315, § 15-227, 2-13-2006)

State law reference

Similar provisions, MCL 333.7401.