MI HB5338

Director of public health may issue immediate orders to avoid, correct, or remove imminent danger to public health, with authority to take full charge of state and local health law administration when conditions constitute a menace to public health.

Director may notify the department of licensing and regulatory affairs to schedule or reschedule controlled substances via emergency rule if an imminent danger to public health can be prevented or controlled through such action.

Defines "imitation controlled substance" as a non-controlled substance that by appearance (color, shape, size, markings) or representations would lead a reasonable person to believe it is a controlled substance, with specific factors for determination including FDA approval status, packaging, pricing, and proximity to actual controlled substances.

Prohibits manufacturing, distributing, or possessing with intent to distribute imitation controlled substances (felony punishable by up to 2 years imprisonment or $10,000 fine), and prohibits advertising or soliciting such substances (misdemeanor up to 1 year or $5,000 fine).

Use or possession with intent to use an imitation controlled substance subject to civil fine of up to $100 for first violation; second or subsequent violations are misdemeanor punishable by up to 90 days imprisonment or $100 fine.