Glossary
A
•For purposes of MCL 771.4b, absconding “means the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.” MCL 771.4b(9)(a).
•For purposes of Article 7 of the PHC, administer “means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by a practitioner, or in the practitioner’s presence by his or her authorized agent, or the patient or research subject at the direction and in the presence of the practitioner.” MCL 333.7103(1).
•For purposes of Article 7 of the PHC, administrator “means the Michigan board of pharmacy or its designated or established authority.” MCL 333.7103(2).
•For purposes of MCL 333.27961a, adulterated marihuana “means a product sold as marihuana that contains any unintended substance or chemical or biological matter other than marihuana that causes adverse reaction after ingestion or consumption.” MCL 333.27961a(13)(a).
•For purposes of the Medical Marihuana Facilities Licensing Act, affiliate “means any person that controls, is controlled by, or is under common control with; is in a partnership or joint venture relationship with; or is a co-shareholder of a corporation, a co-member of a limited liability company, or a co-partner in a limited liability partnership with a licensee or applicant.” MCL 333.27102(b).
•For purposes of Article 7 of the PHC, agent “means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, dispenser, or prescriber. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.” MCL 333.7103(3).
•For purposes of MCL 800.281, MCL 800.282, MCL 800.285, MCL 801.263, MCL 801.264, and MCL 801.265,1 alcoholic liquor “means any spirituous, vinous, malt, or fermented liquor, liquid, or compound whether or not medicated, containing 1/2 of 1% or more of alcohol by volume and which is or readily can be made suitable for beverage purposes.” MCL 800.281a(a); MCL 801.261(a).
•For purposes of MCL 8.9(10)(c) and MCL 768.37, alcoholic liquor “means that term as defined in [MCL 436.1105].” MCL 768.37(3)(a); MCL 8.9(1)(c)(i). MCL 436.1105(3) defines alcoholic liquor as “any spirituous, vinous, malt, or fermented liquor, powder, liquids, and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume that are fit for use for food purposes or beverage purposes as defined and classified by the commission according to alcoholic content as belonging to 1 of the varieties defined in this chapter.”
•For purposes of MCL 750.141a, allow “means to give permission for, or approval of, possession or consumption of an alcoholic beverage or a controlled substance, by any of the following means:
(i) In writing.
(ii) By 1 or more oral statements.
(iii) By any form of conduct, including a failure to take corrective action, that would cause a reasonable person to believe that permission or approval has been given.” MCL 750.141a(1)(b).
•For purposes of the Medical Marihuana Facilities Licensing Act, applicant “means a person who applies for a state operating license. Applicant includes, with respect to disclosures in an application, for purposes of ineligibility for a license under [MCL 333.27402], or for purposes of prior marijuana regulatory agency[2] approval of a transfer of interest under [MCL 333.27406], and only for applications submitted on or after January 1, 2019, a managerial employee of the applicant, a person holding a direct or indirect ownership interest of more than 10% in the applicant, and the following for each type of applicant:
(i) For an individual or sole proprietorship: the proprietor and the proprietor’s spouse.
(ii) For a partnership and limited liability partnership: all partners and their spouses. For a limited partnership and limited liability limited partnership: all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the partnership, and their spouses. For a limited liability company: all members and managers, not including a member holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the company, and their spouses.
(iii) For a privately held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.
(iv) For a publicly held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.
(v) For a multilevel ownership enterprise: any entity or person that receives or has the right to receive more than 10% of the gross or net profit from the enterprise during any full or partial calendar or fiscal year.
(vi) For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and the spouses of the individuals.” MCL 333.27102(c).
•Article 7 of the PHC means Article 7 of the Public Health Code, MCL 333.7101 et seq. Article 7 is the controlled substances article.
B
Bona fide physician-patient relationship
•For purposes of the Michigan Medical Marihuana Act, bona fide physician-patient relationship “means a treatment or counseling relationship between a physician and patient in which all of the following are present:
(1) The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant medical evaluation of the patient.
(2) The physician has created and maintained records of the patient’s condition in accord with medically accepted standards.
(3) The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient’s debilitating medical condition.
(4) If the patient has given permission, the physician has notified the patient’s primary care physician of the patient’s debilitating medical condition and certification for the medical use of marihuana to treat that condition.” MCL 333.26423(a).
•For purposes of Article 7 of the PHC, bureau “means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.” MCL 333.7104(2).
C
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Cannabis Regulatory Agency “means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001, renamed the cannabis regulatory agency under Executive Reorganization Order No. 2022-1, MCL 333.27002.” MCL 333.27953(a).
•For purposes of MCR 1.111, case or court proceeding “means any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.” MCR 1.111(A)(1).
Certified drug recognition expert
•For purposes of MCL 257.43b, MCL 257.625r, and MCL 257.625t, certified drug recognition expert “means a law enforcement officer trained to recognize impairment in a driver under the influence of a controlled substance rather than, or in addition to, alcohol.” MCL 257.43b; MCL 257.625r(1); MCL 257.625t(6)(a).
•For purposes of MCL 752.272, chemical agent “means any substance containing a toxic chemical or organic solvent or both, having the property of releasing toxic vapors. The term includes, but is not limited to, glue, acetone, toluene, carbon tetrachloride, hydrocarbons and hydrocarbon derivatives.” MCL 752.271.
•For purposes of MCL 800.281, MCL 800.282, and MCL 800.285, chief administrator “means the warden, superintendent, or other employee approved or designated by the department of corrections as the chief administrative officer of a correctional facility.” MCL 800.281a(b).
•For purposes of the Probation Swift and Sure Sanctions Act, MCL 771A.1 et seq., circuit court “includes a unified trial court having jurisdiction over probationers.” MCL 771A.2(a).
•For purposes of MCL 333.7401b, commercial application “means as an ingredient in a lawful product, for use in the process of manufacturing a lawful product, or for lawful use as a solvent.” MCL 333.7401b(4)(a).
•For purposes of MCL 768.37, consumed “means to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 768.37(3)(b).
Control over any premises, residence, or other real property
•For purposes of MCL 750.141a, control over any premises, residence, or other real property “means the authority to regulate, direct, restrain, superintend, control, or govern the conduct of other individuals on or within that premises, residence, or other real property, and includes, but is not limited to, a possessory right.” MCL 750.141a(1)(c).
•For purposes of Article 7 of the PHC, MCL 8.9(10)(c), MCL 257.43b, MCL 257.625t, MCL 750.141a, MCL 766.11b, and MCL 768.37, controlled substance “means that term as defined in [MCL 333.7104]. See MCL 8.9(10)(c)(ii); MCL 257.43b; MCL 257.625t(6)(b); MCL 750.141a(1)(d); MCL 800.281a(c); MCL 801.261(b). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]”
•For purposes of MCL 800.281, MCL 800.282, MCL 800.285, MCL 801.263, MCL 801.264, and MCL 801.265, controlled substance means “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]” MCL 800.281a(c); MCL 801.261(b).
•For purposes of Article 7 of the PHC, controlled substance analogue “means a substance the chemical structure of which is substantially similar to that of a controlled substance in schedule 1 or 2 and that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2 or, with respect to a particular individual, that the individual represents or intends to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2. Controlled substance analogue does not include 1 or more of the following:
(a) A controlled substance.
(b) A substance for which there is an approved new drug application.
(c) A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355, to the extent conduct with respect to the substance is pursuant to the exemption.
(d) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.” MCL 333.7104(4).
•For purposes of MCL 800.281, MCL 800.282, and MCL 800.285, correctional facility “means any of the following:
(i) A state prison, reformatory, work camp, or community corrections center.
(ii) A youth correctional facility operated by the department or a private vendor under section 20g of 1953 PA 232, MCL 791.232.[3]
(iii) A privately operated community corrections center or resident home which houses prisoners committed to the jurisdiction of the department.
(iv) The land on which a facility described in subparagraph (i), (ii), or (iii) is located.” MCL 800.281a(e).
•For purposes of the Corrections Code, including MCL 791.240, correctional facility “means a facility or institution which is maintained and operated by this department.” MCL 791.215.
•For purposes of MCL 750.141a, corrective action “means any of the following:
(i) Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property, and taking additional action described in subparagraph (ii) or (iii) if the minor or other individual does not comply with the request.
(ii) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation.
(iii) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence, or other real property.” MCL 750.141a(1)(e).
•For purposes of Article 7 of the PHC, counterfeit prescription form “means a printed form that is the same or similar to a prescription form and that was manufactured, printed, duplicated, forged, electronically transmitted, or altered without the knowledge or permission of a prescriber.” MCL 333.7104(5).
•For purposes of Article 7 of the PHC, counterfeit substance “means a controlled substance that, 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 dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.” MCL 333.7104(6).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), cultivate “means to propagate, breed, grow, harvest, dry, cure, or separate parts of a marihuana plant by manual or mechanical means.” MCL 333.27953(b).
•For purposes of the Medical Marihuana Facilities Licensing Act, cutting “means a section of a lead stem or root stock that is used for vegetative asexual propagation.” MCL 333.27102(e).
D
•For purposes of Chapter 10A of the Revised Judicature Act of 1961, MCL 600.101 et seq., (drug treatment courts), dating relationship “means that term as defined in [MCL 600.2950].” MCL 600.1060(a). MCL 600.2950(30)(a) defines dating relationship as “frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.”
Debilitating medical condition
•For purposes of the Michigan Medical Marihuana Act, debilitating medical condition “means 1 or more of the following:
(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, or the treatment of these conditions.
(2) A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.
(3) Any other medical condition or its treatment approved by the marijuana regulatory agency,[4] as provided for in [MCL 333.26426(k)].” MCL 333.26423(b).
•For purposes of Article 15 of the PHC, delegation “means an authorization granted by a licensee to a licensed or unlicensed individual to perform selected acts, tasks, or functions that fall within the scope of practice of the delegator and that are not within the scope of practice of the delegatee and that, in the absence of the authorization, would constitute illegal practice of a licensed profession.” MCL 333.16104(2).
•For purposes of Article 7 of the PHC, deleterious drug “means a drug, other than a proprietary medicine, likely to be destructive to adult human life in quantities of 3.88 grams or less.” MCL 333.7104(7).
•For purposes of Article 7 of the PHC, deliver or delivery “means the actual, constructive, or attempted transfer from 1 person to another of a controlled substance, whether or not there is an agency relationship.” MCL 333.7105(1). See also M Crim JI 12.2(2), defining delivery for use in controlled substances violations under MCL 333.7401, delivery “means that the defendant transferred or attempted to transfer the substance to another person, knowing that it was a controlled substance and intending to transfer it to that person.”
•For purposes of MCL 333.7401b, deliver “means the actual, constructive, or attempted transfer from 1 person to another of gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone, whether or not there is an agency relationship.” MCL 333.7401b(4)(b).
•For purposes of MCL 777.45, deliver “means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.” MCL 777.45(2)(a).
•For purposes of the Methamphetamine Abuse Reporting Act, MCL 28.121 et seq., department “means the department of state police.” MCL 28.122(a).
•For purposes of MCL 800.281 et seq., department “means the department of corrections.” MCL 800.281a(d).
•For purposes of Chapter 10D of the Revised Judicature Act, MCL 600.1099aa et seq., department “means the department of health and human services.” MCL 600.1099aa(a).
•For purposes of Article 7 of the PHC, dispense “means to deliver or issue a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, or compounding necessary to prepare the substance for the delivery or issuance.” MCL 333.7105(3).
•For purposes of Part 177 of the PHC,5 dispense “means to issue 1 or more doses of a drug for subsequent administration to, or use by, a patient.” MCL 333.17703(2).
•For purposes of Article 7 of the PHC, dispenser means a practitioner who dispenses. MCL 333.7105(4).
•For purposes of Article 7 of the PHC (but not MCL 333.7341, see MCL 333.7101 and next definition below), distribute “means to deliver other than by administering or dispensing a controlled substance.” MCL 333.7105(5).
•For offenses involving imitation controlled substances, distribute “means the actual, constructive, or attempted transfer, sale, delivery, or dispensing from one person to another of an imitation controlled substance.” MCL 333.7341(1)(a).
•For purposes of Article 7 of the PHC, distributor “means a person who distributes.” MCL 333.7105(6).
•For purposes of Chapter 10A (drug treatment courts) of the Revised Judicature Act of 1961, MCL 600.101 et seq., domestic violence offense “means any crime alleged to have been committed by an individual against his or her spouse or former spouse, an individual with whom he or she has a child in common, an individual with whom he or she has had a dating relationship, or an individual who resides or has resided in the same household.” MCL 600.1060(b); MCL 600.1090(d); MCL 600.1200(b).
•For purposes of Article 7 of the PHC, drug “means a substance recognized as a drug in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals; a substance other than food intended to affect the structure or any function of the body of human beings or animals; or, a substance intended for use as a component of any article specified in this subsection. It does not include a device or its components, parts, or accessories.” MCL 333.7105(7).
•For purposes of Part 177 of the PHC,6 drug “means any of the following:
(a) A substance recognized or for which the standards or specifications are prescribed in the official compendium.
(b) A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other animals.
(c) A substance, other than food, intended to affect the structure or a function of the body of human beings or other animals.
(d) A substance intended for use as a component of a substance specified in subdivision (a), (b), or (c), but not including a device or its components, parts, or accessories.” MCL 333.17703(4).
•For purposes of MCL 333.7403 and MCL 333.7404, drug overdose “means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the result of consumption or use of a controlled substance or a controlled substance analogue or a substance with which the controlled substance or controlled substance analogue was combined, or that a layperson would reasonably believe to be a drug overdose that requires medical assistance.” MCL 333.7403(7)(a); MCL 333.7404(6)(a).
•For purposes of MCL 333.7453 to MCL 333.7461, and MCL 333.7521, drug paraphernalia “means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing; analyzing; packaging; repackaging; storing; containing; concealing; injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance; including, but not limited to, all of the following:
(a) An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance.
(b) Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.
(c) A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.
(d) A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.
(e) A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.
(f) An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.
(g) A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
(h) A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(i) A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
(j) A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.
(k) A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user’s nose.
(l) A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
(m) A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.” MCL 333.7451.
•For purposes of Chapter 10A of the Revised Judicature Act of 1961, MCL 600.101 et seq., (drug treatment courts), drug treatment court “means a court supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol. A drug treatment court shall comply with the 10 key components promulgated by the national association of drug court professionals, which include all of the following essential characteristics:
(i) Integration of alcohol and other drug treatment services with justice system case processing.
(ii) Use of a nonadversarial approach by prosecution and defense that promotes public safety while protecting any participant’s due process rights.
(iii) Identification of eligible participants early with prompt placement in the program.
(iv) Access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.
(v) Monitoring of participants effectively by frequent alcohol and other drug testing to ensure abstinence from drugs or alcohol.
(vi) Use of a coordinated strategy with a regimen of graduated sanctions and rewards to govern the court’s responses to participants’ compliance.
(vii) Ongoing close judicial interaction with each participant and supervision of progress for each participant.
(viii) Monitoring and evaluation of the achievement of program goals and the program’s effectiveness.
(ix) Continued interdisciplinary education in order to promote effective drug court planning, implementation, and operation.
(x) The forging of partnerships among other drug courts, public agencies, and community-based organizations to generate local support.” MCL 600.1060(c).
•For purposes of MCL 600.1084, DWI/sobriety court “means the specialized court docket and programs established within judicial circuits and districts throughout this state that are designed to reduce recidivism among alcohol offenders and that comply with the 10 guiding principles of DWI courts as promulgated by the National Center for DWI Courts.” MCL 600.1084(9)(a).
E
•For purposes of Article 7 of the PHC, electronic signature “means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.” MCL 333.7104(8).
•For purposes of the Michigan Medical Marihuana Act, enclosed, locked facility “means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the marijuana regulatory agency’s[7] registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:
(1) The vehicle is being used temporarily to transport living marihuana plants from 1 location to another with the intent to permanently retain those plants at the second location.
(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marihuana plants belong or the individual designated through the marijuana regulatory agency’s[8] registration process as the primary caregiver for the registered qualifying patient.” MCL 333.26423(d).
•For purposes of MCL 333.7340c, ephedrine “includes the salts and isomers and salts of isomers of ephedrine.” MCL 333.7340c(6)(a).
F
•For purposes of Chapter 10D of the Revised Judicature Act, family-centered “means a treatment approach that is designed to meet the needs of each member of a family, not just the individual diagnosed with a substance abuse disorder, and recognizes that families are diverse and can be made up of nuclear family members, extended family members, fictive kin, and nonblood relations.” MCL 600.1099aa(b). As used in MCL 600.1099aa(b), family “means all individuals whom the child and parent define as family.” MCL 600.1099aa(b).
•For purposes of Chapter 10D of the Revised Judicature Act, family treatment court “means either of the following:
(i) A court-supervised treatment program for individuals with a civil child abuse or neglect case and who are diagnosed with a substance use disorder.
(ii) A program designed to adhere to the family treatment court best practice standards promulgated by a national organization representing the interest of drug and specialty court treatment programs and the Center for Children and Family Futures, which include all of the following:
(A) Early identification, screening, and assessment of eligible participants, with prompt placement in the program.
(B) Integration of timely, high-quality, and appropriate substance use disorder treatment services with justice system case processing.
(C) Access to comprehensive case management, services, and supports for families.
(D) Valid, reliable, random, and frequent drug testing.
(E) Therapeutic responses to improve parent, child, and family functioning, ensure children’s safety, permanency, and well-being, support participant behavior change, and promote participant accountability.
(F) Ongoing close judicial interaction with each participant.
(G) Collecting and reviewing data to monitor participant progress, engage in a process of continuous quality improvement, monitor adherence to best practice standards, and evaluate outcomes using scientifically reliable and valid procedures.
(H) Continued interdisciplinary education in order to promote effective family treatment court planning, implementation, and operation.
(I) The forging of partnerships among other family treatment courts, public agencies, and community-based organizations to generate local support.
(J) A family-centered, culturally relevant, and trauma-informed approach.
(K) Ensuring equity and inclusion.” MCL 600.1099aa(c).
•Final judgment or final order in a civil case means:
“(i) the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties, including such an order entered after reversal of an earlier final judgment or order;
(ii) an order designated as final under MCR 2.604(B);
(iii) in a domestic relations action, a post-judgment order that, as to a minor, grants or denies a motion to change legal custody, physical custody, or domicile;
(iv) a postjudgment order awarding or denying attorney fees and costs under court rule or other law;
(v) an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for summary disposition under MCR 2.116(C)(10) based on a claim of governmental immunity; or
(vi) in a foreclosure action involving a claim for remaining proceeds under MCL 211.78t, a postjudgment order deciding the claim.” MCR 7.202(6)(a).
•Final judgment or final order in a criminal case means:
“(i) an order dismissing the case;
(ii) the original sentence imposed following conviction;
(iii) a sentence imposed following the granting of a motion for resentencing;
(iv) a sentence imposed, or order entered, by the trial court following a remand from an appellate court in a prior appeal of right; or
(v) a sentence imposed following revocation of probation.” MCR 7.202(6)(b).
•For purposes of MCL 333.7523(2), financial institution “means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of [Michigan] or the United States.” MCL 333.7523(2)(d).
•For purposes of MCL 333.27201, financial institution “means any of the following:
(i) A state or national bank.
(ii) A state or federally chartered savings and loan association.
(iii) A state or federally chartered savings bank.
(iv) A state or federally chartered credit union.
(v) An insurance company.
(vi) An entity that offers any of the following to a resident of this state:
(A) A mutual fund account.
(B) A securities brokerage account.
(C) A money market account.
(D) A retail investment account.
(vii) An entity regulated by the Securities and Exchange Commission that collects funds from the public.
(viii) An entity that is a member of the National Association of Securities Dealers and that collects funds from the public.
(ix) Another entity that collects funds from the public.” MCL 333.27201(7)(a).
•For purposes of MCL 333.27201, financial service “means a deposit; withdrawal; transfer between accounts; exchange of currency; loan; extension of credit; purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument; or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.” MCL 333.27201(7)(b).
G
•For purposes of MCL 333.7333, good faith “means the prescribing or dispensing of a controlled substance by a practitioner licensed under [MCL 333.7303] in the regular course of professional treatment to or for an individual who is under treatment by the practitioner for a pathology or condition other than that individual’s physical or psychological dependence on or addiction to a controlled substance, except as provided in this article. Application of good faith to a pharmacist means the dispensing of a controlled substance pursuant to a prescriber's order which, in the professional judgment of the pharmacist, is lawful. The pharmacist shall be guided by nationally accepted professional standards including, but not limited to, all of the following, in making the judgment:
(a) Lack of consistency in the doctor-patient relationship.
(b) Frequency of prescriptions for the same drug by 1 prescriber for larger numbers of patients.
(c) Quantities beyond those normally prescribed for the same drug.
(d) Unusual dosages.
(e) Unusual geographic distances between patient, pharmacist, and prescriber.” MCL 333.7333(1).
•For purposes of the Medical Marihuana Facilities Licensing Act, grower “means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor, provisioning center, or another grower.” MCL 333.27102(g).
H
•For purposes of MCL 333.7401c, hazardous waste “means that term as defined in . . . MCL 324.11103.” MCL 333.7401c(7)(a). MCL 324.11103(3) defines hazardous waste as “waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material that because of its quantity, quality, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or serious incapacitating but reversible illness, or may pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous waste does not include material that is solid or dissolved material in domestic sewage discharge, solid or dissolved material in an irrigation return flow discharge, industrial discharge that is a point source subject to permits under . . . 33 U.S.C. 1342, or is a source, special nuclear, or by-product material as defined by the atomic energy act of 1954, chapter 1073, 68 Stat. 919.”
•For purposes of MCL 333.7403a, health care provider “means that term as defined in [MCL 333.9206].” MCL 333.7403a(8). MCL 333.9206(5) defines health care provider as “a health professional, health facility, or local health department.”
•For purposes of Article 7 of the PHC, human consumption “means application, injection, inhalation, or ingestion by a human being.” MCL 333.7105(8).
I
•For purposes of MCL 600.1084, ignition interlock device “means that term as defined in [MCL 257.20d]. MCL 600.1084(9)(b). MCL 257.20d defines ignition interlock device as “an alcohol concentration measuring device that prevents a motor vehicle from being started at any time without first determining through a deep lung sample the operator’s alcohol level, calibrated so that the motor vehicle cannot be started if the breath alcohol level of the operator, as measured by the test, reaches a level of 0.025 grams per 210 liters of breath, and to which all of the following apply:
(a) The device meets or exceeds the model specifications for breath alcohol ignition interlock devices (BAIID), 78 FR 26849 – 26867 (May 8, 2013) or any subsequent model specifications.
(b) The device utilizes alcohol-specific electrochemical fuel sensor technology.
(c) As its anticircumvention method, the device installation uses a positive-negative-positive air pressure test requirement, a midtest hum tone requirement, or any other anticircumvention method or technology that first becomes commercially available after July 31, 2007 and that is approved by the department as equally or more effective.”
Imitation controlled substance
•For purposes of MCL 333.7341 and MCL 333.7521, 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. An imitation controlled substance does not include a placebo or registered investigational drug that was manufactured, distributed, possessed, or delivered in the ordinary course of professional practice or research. All of the following factors shall be considered in determining whether a substance is an imitation controlled substance:
(i) Whether the substance was approved by the federal food and drug administration for over-the-counter sales and was sold in the federal food and drug administration approved packaging along with the federal food and drug administration approved labeling information.
(ii) Any statements made by an owner or another person in control of the substance concerning the nature, use, or effect of the substance.
(iii) Whether the substance is packaged in a manner normally used for illicit controlled substances.
(iv) Whether the owner or another person in control of the substance has any prior convictions under state or federal law related to controlled substances or fraud.
(v) The proximity of the substance to controlled substances.
(vi) Whether the consideration tendered in exchange for the substance substantially exceeds the reasonable value of the substance considering the actual chemical composition of the substance and, if applicable, the price at which the over-the-counter substances of like chemical composition sell.” MCL 333.7341(1)(b); MCL 333.7521(3).
•For purposes of Article 7 of the PHC, immediate precursor “means a substance that the administrator has found to be and by rule designates as being the principal compound commonly used or produced primarily for use and that 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.” MCL 333.7106(1).
•For purposes of MCL 333.7202, imminent danger means the term as defined in MCL 333.2251. MCL 333.7202(2). MCL 333.2251 defines imminent danger as “a condition or practice exists that could reasonably be expected to cause death, disease, or serious physical harm immediately or before the imminence of the danger can be eliminated through enforcement procedures otherwise provided.” MCL 333.2251(5)(b).
•For purposes of Chapter 10D of the Revised Judicature Act, MCL 600.1099aa et seq., Indian child’s tribe “means that term as defined in . . . MCL 712B.3.”
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Indian lands “means any of the following:
(i) All lands within the limits of an Indian reservation.
(ii) Any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.” MCL 333.27953(d).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Indian tribe “means any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the United States Secretary of the Interior for the special programs and services provided by the United States to Indians because of their status as Indians, and is recognized as possessing powers of self-government.” MCL 333.27953(e).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Article 7 of the PHC, and the Medical Marihuana Facilities Licensing Act (MMFLA), industrial hemp “means any of the following:
(i) A plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(ii) A part of a plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(iii) The seeds of a plant of the genus Cannabis with a THC concentration of 0.3% or less on a dry-weight basis.
(iv) If it has a THC concentration of 0.3% or less on a dry-weight basis, a compound, manufacture, derivative, mixture, preparation, extract, cannabinoid, acid, salt, isomer, or salt of an isomer of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(v) A product to which 1 of the following applies:
(A) If the product is intended for human or animal consumption, the product, in the form in which it is intended for sale to a consumer, meets both of the following requirements:
(I) Has a THC concentration of 0.3% or less on a dry-weight or per volume basis.
(II) Contains a total amount of THC that is less than or equal to the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)].
(B) If the product is not intended for human or animal consumption, the product meets both of the following requirements:
(I) Contains a substance listed in subparagraph (i), (ii), (iii), or (iv).
(II) Has a THC concentration of 0.3% or less on a dry-weight basis.” MCL 333.27953(f) (MRTMA); MCL 333.7106(2) (Article 7 of the PHC); MCL 333.27102(h) (MMFLA).
Industrial Hemp Research and Development Act
•For purposes of the Medical Marihuana Facilities Licensing Act (MMFLA), industrial hemp research and development act “means the Industrial Hemp Research and Development Act, 2014 PA 547, MCL 286.841 to [MCL] 286.859.” MCL 333.27102(i).
•For purposes of MCL 8.9(10)(c), ingestion “means to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 8.9(10)(c)(iii).
•For purposes of MCL 8.9, intoxicated or impaired “includes, but is not limited to, a condition of intoxication resulting from the ingestion or alcoholic liquor, a controlled substance, or alcoholic liquor and a controlled substance.” MCL 8.9(10)(c).
J
•For purposes of MCL 801.263, MCL 801.264, and MCL 801.265, jail “means a municipal or county jail, work-camp, lockup, holding center, half-way house, community corrections center, house of correction, or any other facility maintained by a municipality or county which houses prisoners.” MCL 801.261(c).
•For purposes of MCL 333.7408a, juvenile disposition “means either of the following:
(i) A finding of juvenile delinquency under 18 USC 5031 to [18 USC 5043].9
(ii) The entry of a judgment or order of disposition by a court of another state that states or is based on a finding that a juvenile violated a law of another state that would have been a criminal offense if committed by an adult in that state.” MCL 333.7408a(4)(a).
•For purposes of Chapter 10C of the Revised Judicature Act, MCL 600.1099b et seq., juvenile mental health court “means all of the following:
(i) A court-supervised treatment program for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)].
(iii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the Bureau of Justice Assistance, or amended, that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, the juvenile justice system, the mental health system, the substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for juveniles with mental illnesses, and that take into account the relationship between mental illness and a juvenile’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the juvenile’s engagement in treatment, are individualized to correspond to the level of risk that each juvenile presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, 2013 PA 93, MCL 780.981 to [MCL] 780.1003, provide legal counsel to juvenile respondents to explain program requirements, including voluntary participation, and guide juveniles in decisions about program involvement. Procedures exist in the juvenile mental health court to address, in a timely fashion, concerns about a juvenile’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights. Information gathered as part of the participants’ court-ordered treatment program or services is safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice, if applicable, juvenile justice, and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants to achieve treatment and criminal and juvenile justice goals by regularly reviewing and revising the court process.
(I) Criminal and juvenile justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the juvenile mental health court, its performance is assessed periodically, procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1099b(e).
L
•For purposes of MCL 333.7401c, laboratory equipment “means any equipment, device, or container used or intended to be used in the process of manufacturing a controlled substance, counterfeit substance, or controlled substance analogue.” MCL 333.7401c(7)(b).
•For purposes of MCL 333.7408a, law of another state, “means a law or ordinance enacted by another state or by a local unit of government in another state.” MCL 333.7408a(4)(b).
•For purposes of Chapter 10D of the Revised Judicature Act, lawyer-guardian ad litem “means that term as defined in . . . MCL 712A.13a.” MCL 600.1099aa(e).
•For purposes of MCL 333.7410, library “means a library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; a community college district; a college or university; or any private library open to the public.”MCL 333.7410(8)(a).
Licensed health care professional
•For purposes of MCL 750.430, licensed health care professional “means an individual licensed or registered under [Article 15 of the PHC.]” MCL 750.430(10).
•For purposes of the Medical Marihuana Facilities Licensing Act and the Marihuana Tracking Act, licensee “means a person holding a state operating license.” MCL 333.27102(j); MCL 333.27902(c).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, licensee “means a person holding a state license.” MCL 333.27953(g).
•For purposes of the Sex Offenders Registration Act (SORA), MCL 762.11, MCL 771.2, and MCL 771.2a, listed offense “means a tier I, tier II, or tier III offense.” MCL 28.722(j); MCL 762.11(6)(a); MCL 771.2(15); MCL 771.2a(13)(a).
•For purposes of the Uniform Forfeiture Reporting Act, MCL 28.111 et seq., local unit of government “means a village, city, township, or county.” MCL 28.117(a).
M
Major controlled substance offense
•Major controlled substance offense means either or both of the following offenses: a violation of MCL 333.7401(2)(a), a violation of MCL 333.7403(2)(a)(i)-(iv), or conspiracy to commit a violation of either MCL 333.7401(2)(a) or MCL 333.7403(2)(a)(i)-(iv). MCL 761.2.
•For purposes of Article 7 of the PHC (but not applicable to MCL 333.7341, see MCL 333.7101(1) and next definition below), manufacture “means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, 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 synthesis. It includes the packaging or repackaging of the substance or labeling or relabeling of its container, except that it does not include either of the following:
(a) The preparation or compounding of a controlled substance by an individual for his or her own use.
(b) The preparation, compounding packaging, or labeling of a controlled substance by either of the following:
(i) A practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance in the course of his or her professional practice.
(ii) A practitioner, or by the practitioner’s authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not for sale.” MCL 333.7106(3).
•For purposes of MCL 333.7341 (imitation controlled substances), manufacture “means the production, preparation, compounding, conversion, encapsulating, packaging, repackaging, labeling, relabeling, or processing of an imitation controlled substance, directly or indirectly. MCL 333.7341(1)(c).
•For purposes of MCL 333.7401b, manufacture “means the production, preparation, propagation, compounding, conversion, or processing of gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone, 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 synthesis. It includes the packaging or repackaging of the substance or labeling or relabeling of its container.” MCL 333.7401b(4)(c).
•For purposes of MCL 333.7401c, manufacture “means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, 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 synthesis. manufacture does not include any of the following:
•The packaging or repackaging of the substance or labeling or relabeling of its container.
•The preparation or compounding of a controlled substance by any of the following:
•A practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance in the course of his or her professional practice.
•A practitioner, or by the practitioner’s authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.” MCL 333.7401c(7)(c).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Article 7 of the PHC, the Michigan Medical Marihuana Act (MMMA), the Medical Marihuana Facilities Licensing Act (MMFLA), and the Marihuana Tracking Act (MTA), marijuana or marihuana “means any of the following:
(i) A plant of the genus Cannabis, whether growing or not.
(ii) A part of a plant of the genus Cannabis, whether growing or not.
(iii) The seeds of a plant of the genus Cannabis.
(iv) Marihuana concentrate.
(v) A compound, manufacture, salt, derivative, mixture, extract, acid, isomer, salt of an isomer, or preparation of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(C) The seeds of a plant of the genus Cannabis.
(vi) A marihuana-infused product.
(vii) A product with a THC concentration of more than 0.3% on a dry-weight or per volume basis in the form in which it is intended for sale to a consumer.
(viii) A product that is intended for human or animal consumption and that contains, in the form in which it is intended for sale to a consumer, a total amount of THC that is greater than the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)].” MCL 333.27953(h) (MRTMA); MCL 333.7106(4) (Article 7of the PHC); MCL 333.26423(e) (MMMA); MCL 333.27102(k) (MMFLA); MCL 333.27902(d) (MTA).
•“Except for marihuana concentrate extracted from the following, ‘marihuana’ does not include any of the following:
(i) The mature stalks of a plant of the genus Cannabis.
(ii) Fiber produced from the mature stalks of a plant of the genus Cannabis.
(iii) Oil or cake made from the seeds of a plant of the genus Cannabis.
(iv) A compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks of a plant of the genus Cannabis.
(v) Industrial hemp.
(vi) An ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(vii) A dug for which an application filed in accordance with 21 USC 355 is approved by the Food and Drug Administration.” MCL 333.27953(i).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marijuana accessories “means any equipment, product, material, or combination of equipment, products, or materials, that is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.” MCL 333.27953(j).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marijuana concentrate “means the resin extracted from any part of a plant of the genus Cannabis.” MCL 333.27953(k).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marijuana establishment “means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the cannabis regulatory agency.” MCL 333.27953(l).
•For purposes of the Medical Marihuana Facilities Licensing Act, marihuana facility “means a location at which a licensee is licensed to operated under [the Medical Marihuana Facilities Licensing Act].” MCL 333.27102(l).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marijuana grower “means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.” MCL 333.27953(m).
•For purposes of the Michigan Medical Marihuana Act (MMMA), marihuana-infused product “means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to [MCL] 289.8111.” MCL 333.26423(f).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and the Medical Marihuana Facilities Licensing Act (MMFLA), marihuana-infused product “means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.” MCL 333.27953(n) (MRTMA); MCL 333.27102(n) (MMFLA).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana microbusiness “means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.” MCL 333.27953(o).
•For purposes of the Michigan Medical Marihuana Act (MMMA) and the Medical Marihuana Facilities Licensing Act (MMFLA), marihuana plant “means any plant of the species Cannabis sativa L.” MCL 333.26423(g); MCL 333.27102(m). For purposes of the MMFLA, marihuana plant “does not include industrial hemp.” MCL 333.27102(m).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana processor “means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.” MCL 333.27953(p).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana retailer “means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.” MCL 333.27953(q).
Marihuana safety compliance facility
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana safety compliance facility “means a person licensed to test marihuana, including certification for potency and the presence of contaminants.” MCL 333.27953(r).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana secure transporter “means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.” MCL 333.27953(s).
•For purposes of the Medical Marihuana Facilities Licensing Act (MMFLA), the Michigan Regulatory and Taxation of Marihuana Act (MRTMA), and the Michigan Medical Marihuana Act (MMMA), marijuana regulatory agency means the Cannabis Regulatory Agency, unless the context dictates otherwise. See MCL 333.27102(p); MCL 333.27953(t); MCL 333.26423(h); Executive Order No. 2022-1 (executive reorganization order effective April 13, 2022, stating references to the Marijuana Regulatory Agency will be deemed to be references to the Cannabis Regulatory Agency).
•For purposes of MCL 791.235, medically frail “describes an individual who is a minimal threat to society as a result of his or her medical condition, who has received a risk score of low on a validated risk assessment, whose recent conduct in prison indicates he or she is unlikely to engage in assaultive conduct, and who has 1 or both of the following:
(i) A permanent or terminal physical disability or serious and complex medical condition resulting in the inability to do 1 or more of the following without personal assistance:
(A) Walk.
(B) Stand.
(C) Sit.
(ii) A permanent or terminal disabling mental disorder, including dementia, Alzheimer’s, or a similar degenerative brain disorder that results in the need for nursing home level of care, and a significantly impaired ability to perform 2 or more activities of daily living.” MCL 791.235(22)(c).
•For purposes of the Michigan Medical Marihuana Act, medical use of marihuana “means the acquisition, possession, cultivation, manufacture, extraction, use, internal possession, delivery, transfer, or transportation of marihuana, marihuana-infused products, or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.” MCL 333.26423(i).
•For purposes of Chapter 10B of the Revised Judicature Act of 1961, MCL 600.101 et seq., (mental health courts), mental health court “means any of the following:
(i) A court-supervised treatment program for individuals who are diagnosed by a mental health professional with having a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the bureau of justice assistance that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, mental health system, substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for defendants with mental illnesses, and that take into account the relationship between mental illness and a defendant’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the defendant’s engagement in treatment, are individualized to correspond to the level of risk that each defendant presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, 2013 PA 93, MCL 780.981 to [MCL] 780.1003, provide legal counsel to indigent defendants to explain program requirements, including voluntary participation, and guides defendants in decisions about program involvement. Procedures exist in the mental health court to address, in a timely fashion, concerns about a defendant’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights as defendants. Information gathered as part of the participants’ court-ordered treatment program or services are safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants achieve treatment and criminal justice goals by regularly reviewing and revising the court process.
(I) Criminal justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the mental health court, its performance is assessed periodically, and procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1090(e).
Methamphetamine-related offense
•For purposes of the Methamphetamine Abuse Reporting Act, MCL 28.121 et seq., methamphetamine-related offense “means 1 or more of the following offenses under Michigan law:
(i) A violation or attempted violation of [Article 7 of the PHC] involving methamphetamine.
(ii) A violation or attempted violation of [MCL 333.17766c or MCL 333.17766f].
(iii) Conspiracy to commit an offense described in subparagraph (i) or (ii).” MCL 28.122(b).
•For purposes of MCL 333.7401c, minor “means an individual less than 18 years of age.” MCL 333.7401c(7)(d).
•For purposes of MCL 777.45, minor “means an individual 17 years of age or less.” MCL 777.45(2)(b).
•For purposes of MCL 333.27961a, minor “means an individual who is younger than 21 years of age.” MCL 333.27961a(13)(b).
•For purposes of MCL 780.621e (setting aside certain convictions), eanor marihuana offense “means a violation of [MCL 333.7403(2)(d), MCL 333.7404(2)(d)], or a marihuana paraphernalia violation of [MCL 333.7453] . . . or a violation of a local ordinance substantially corresponding to [MCL 333.7403(2)(d), MCL 333.7404(2)(d)], or the prohibition regarding marihuana paraphernalia of [MCL 333.7453].” MCL 780.621e(7).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, municipal license “means a license issued by a municipality pursuant to section 16 that allows a person to operate a marihuana establishment in that municipality.” MCL 333.27953(u).
•For purposes of the Medical Marihuana Facilities Licensing Act and the Michigan Regulation and Taxation of Marihuana Act, municipality means a city, township, or village. MCL 333.27102(r); MCL 333.27953(v).
N
•For purposes of the Methamphetamine Abuse Reporting Act, MCL 28.121 et seq., NADDI “means the national association of drug diversion investigators.” MCL 28.122(c).
•For purposes of MCL 333.7417, named product “means either of the following:
(a) A product having a designated brand name.
(b) A product having a street or common name with application sufficient to identify the product as a specific product within this state or within a local unit of government.” MCL 333.7417(3).
•For purposes of Article 7 of the PHC, narcotic drug “means 1 or more 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:
(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in [MCL 333.7107(a)], but not including the isoquinoline alkaloids of opium.” MCL 333.7107.
•For purposes of the Methamphetamine Abuse Reporting Act, MCL 28.121 et seq., NPLEx “means the national precursor log exchange.” MCL 28.122(d).
O
•For purposes of the MVC, operate or operating means:
“1 or more of the following:
“(a) Being in actual physical control of a vehicle. [MCL 257.35a(a)] applies regardless of whether or not the person is licensed under [the MVC] as an operator or chauffeur.
(b) Causing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle at that time. [MCL 257.35a(b)] applies regardless of whether the person is licensed under [the MVC] as an operator or chauffeur.” MCL 257.35a.
•For purposes of Article 7 of the PHC, opiate “means a 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 under [MCL 333.7212], the dextrorotatory isomer of 3-methoxy-n-methyl- morphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.” MCL 333.7108(1).
P
•For purposes of the Medical Marihuana Facilities Licensing Act, paraphernalia “means any equipment, product, or material of any kind that is designed for or used in growing, cultivating, producing, manufacturing, compounding, converting, storing, processing, preparing, transporting, injecting, smoking, ingesting, inhaling, or otherwise introducing into the human body, marihuana.” MCL 333.27102(s).
•For purposes of Chapter 10A of the Revised Judicature Act of 1961, MCL 600.101 et seq., (drug treatment courts), participant “means an individual who is admitted into a drug treatment court.” MCL 600.1060(d).
•For purposes of Chapter 10D of the Revised Judicature Act, participant “means an individual who is admitted into a family treatment court.” MCL 600.1099aa(f).
•For purposes of MCR 1.111, party “means a person named as a party or a person with legal decision-making authority in the case or court proceeding.” MCR 1.111(A)(2).
•For purposes of the Michigan Medical Marihuana Act, patient or qualifying patient “means a person who has been diagnosed by a physician as having a debilitating medical condition.” MCL 333.26423(m).
•For purposes of Article 7 of the PHC, person “means a person as defined in [MCL 333.1106] or a governmental entity.” MCL 333.7109(1). MCL 333.1106(4) provides in relevant part that person “means an individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.” MCL 333.1106(4).
•For purposes of the Medical Marihuana Facilities Licensing Act, person “means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.” MCL 333.27102(t).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, person “means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.” MCL 333.27953(w).
•For purposes of part 177 of the PHC,10 pharmacist “means an individual licensed under [Article 15] to engage in the practice of pharmacy.” MCL 333.17707(3).
•For purposes of part 177 of the PHC,11 pharmacist in charge or PIC “means the pharmacist who is designated by a pharmacy, manufacturer, or wholesale distributor as its pharmacist in charge under [MCL 333.17748(2)].” MCL 333.17707(4).
•For purposes of this benchbook, PHC means the Public Health Code, MCL 333.1101 et seq.
•For purposes of the Michigan Medical Marihuana Act, physician “means an individual licensed as a physician under part 170 of the public health code, 1978 PA 368, MCL 333.17001 to [MCL] 333.17084, or an osteopathic physician under part 175 of the public health code, 1978 PA 368, MCL 333.17501 to [MCL] 333.17556.” MCL 333.26423(j).
•For purposes of MCL 333.7401, plant “means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons.” MCL 333.7401(5).
•For purposes of the Michigan Medial Marihuana Act and the Medical Marihuana Facilities Licensing Act, plant “means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.” MCL 333.26423(k); MCL 333.27102(u).
•For purposes of Article 7 of the PHC, practitioner “means any of the following:
(a) A prescriber or pharmacist, a 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 administer a controlled substance in the course of professional practice or research in this state, including an individual in charge of a dog pound or animal shelter licensed or registered by the department of agriculture and rural development . . . or a class B dealer licensed by the United States department of agriculture . . . and the [Michigan] department of agriculture and rural development[,] . . . for the limited purpose of buying, possessing, and administering a commercially prepared, premixed solution of sodium pentobarbital to practice euthanasia on animals.
(b) A pharmacy, hospital, or other institution or place of professional practice licensed, registered, or otherwise permitted to distribute, prescribe, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state.” MCL 333.7109(3).
Preliminary oral fluid analysis
•For purposes of the Michigan Vehicle Code, preliminary oral fluid analysis “means the on-site taking of a preliminary oral fluid test, performed by a certified drug recognition expert, . . . from the oral fluid of a person for the purpose of detecting the presence of a controlled substance[.]” MCL 257.43b.
•For purposes of MCL 750.141a, premises “means a permanent or temporary place of assembly, other than a residence, including, but not limited to, any of the following:
(i) A meeting hall, meeting room, or conference room.
(ii) A public or private park.” MCL 750.141a(1)(g).
•For purposes of Article 7 of the PHC and Part 177 of the PHC,12 prescriber “means a licensed dentist; a licensed doctor of medicine; a licensed doctor of osteopathic medicine and surgery; a licensed doctor of podiatric medicine and surgery; a licensed physician’s assistant; subject to part 174 [of the Public Health Code], a licensed optometrist; subject to [MCL 333.17211a], an advanced practice registered nurse; a licensed veterinarian; subject to [MCL 333.17708(7)], a registered professional nurse who holds a specialty certification as a nurse anesthetist under [MCL 333.17210] when he or she is engaging in the practice of nursing and providing the anesthesia and analgesia services described in [MCL 333.17210(3)]; or any other licensed health professional acting under the delegation and using, recording, or otherwise indicating the name of the delegating licensed doctor of medicine or licensed doctor of osteopathic medicine and surgery. As used in this subsection:
(a) ‘Advanced practice registered nurse’ means that term as defined in [MCL 333.17201] and includes a licensed advanced practice registered nurse.
(b) ‘License’ means that term as defined in [MCL 333.16106] and includes an authorization issued under the laws of another state or province of Canada to practice a profession described in this subsection in that state or province of Canada where practice would otherwise be unlawful.” MCL 333.17708(2); MCL 333.7109(4).
•For purposes of Part 177 of the PHC,13 prescription “means an order by a prescriber to fill, compound, or dispense a drug or device written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication. An order transmitted in other than written or hard-copy form shall be electronically recorded, printed, or written and immediately dated by the pharmacist, and that record is considered the original prescription. In a health facility or agency licensed under article 17 or other medical institution, an order for a drug or device in the patient’s chart is considered for the purposes of this definition the original prescription. For purposes of this part, prescription also includes a standing order issued under [MCL 333.17744e]. Subject to [MCL 333.17751(2) and MCL 333.17751(5)], prescription includes, but is not limited to, an order for a drug, not including a controlled substance except under circumstances described in [MCL 333.17763(e)], written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a prescriber in another state or province of Canada.” MCL 333.17708(3).
•For purposes of MCL 333.7302a, MCL 800.281, MCL 800.282, MCL 800.285, and Part 177 of the PHC,14 prescription drug means a prescription drug as defined in MCL 333.17708(4). MCL 333.7302a(7); MCL 800.281a(f). MCL 333.17708(4) defines prescription drug as one or more of the following: “(a) [a] drug dispensed pursuant to a prescription[;] (b) [a] drug bearing the federal legend ‘CAUTION: federal law prohibits dispensing without prescription’ or ‘Rx only’[; or] (c) [a] drug designated by the board as a drug that may only be dispensed pursuant to a prescription.” “[P]rescription drug also includes a drug dispensed pursuant to [MCL 333.17744f].” MCL 333.17708(5).
•For purposes of Article 7 of the PHC, prescription form “means a printed form, that is authorized and intended for use by a prescribing practitioner to prescribe controlled substances or other prescription drugs and that meets the requirements of rules promulgated by the administrator, and all of the following requirements:
(a) Bears the preprinted, stamped, typed, or manually printed name, address, and telephone number or pager number of the prescribing practitioner.
(b) Includes the manually printed name of the patient, the address of the patient, the prescribing practitioner’s signature, and the prescribing practitioner’s drug enforcement administration registration number.
(c) Includes the quantity of the prescription drug prescribed, in both written and numerical terms.
(d) Includes the date the prescription drug was prescribed.
(e) Complies with any rules promulgated by the department under [MCL 333.7333a(6)].” MCL 333.7109(5).
•For purposes of the Michigan Medical Marihuana Act, primary caregiver or caregiver “means a person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marihuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in . . . MCL 770.9a.” MCL 333.26423(l).
•For purposes of MCL 752.272a, prior conviction, “means a previous violation of [MCL 752.272a] or a law of another state, a law of a local unit of government of this state or another state, or a law of the United States substantially corresponding to [MCL 752.272a].” MCL 752.272a(3).
•For purposes of MCL 800.281, MCL 800.282, and MCL 800.285, prisoner “means a person committed to the jurisdiction of the department [of corrections] who has not been released on parole or discharged.” MCL 800.281a(g).
•For purposes of MCL 801.263, MCL 801.264, and MCL 801.265, prisoner “means a person incarcerated in a jail or a person committed to a jail for incarceration who is a participant in a work release or vocational or educational study release program.” MCL 801.261(d).
•For purposes of MCL 771.3g and MCL 771.3h, prisoner “means an individual committed or sentenced to imprisonment under [MCL 769.28].” MCL 771.3g(7)(c).
•For purposes of MCL 333.7410a, private park “means real property owned or maintained by a private individual or entity and that is open to the general public or local residents for recreation or amusement.” MCL 333.7410a(3)(a).
•For purposes of the Probation Swift and Sure Sanctions Act, MCL 771A.1 et seq., probationer “means an individual placed on probation for committing a felony.” MCL 771A.2(b).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, process “means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.” MCL 333.27953(x).
•For purposes of the Medical Marihuana Facilities Licensing Act, processor “means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center or another processor.” MCL 333.27102(v).
•For purposes of Article 7 of the PHC, production means “the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.” MCL 333.7109(6).
•For purposes of MCL 600.1084, program “means the specialty court interlock program created under [MCL 600.1084].” MCL 600.1084(9)(c).
•For purposes of Chapter 10A of the Revised Judicature Act of 1961, MCL 600.101 et seq., (drug treatment courts), prosecutor “means the prosecuting attorney of the county, the city attorney, the village attorney, or the township attorney.” MCL 600.1060(e).
•For purposes of Chapter 10D of the Revised Judicature Act, prosecutor “means the prosecuting attorney of the county, attorney general, or attorney retained by the [DHHS].” MCL 600.1099aa(g).
•For purposes of the Medical Marihuana Facilities Licensing Act, provisioning center “means a licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients’ registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a registered primary caregiver to assist a qualifying patient connected to the caregiver through the department’s marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of [the Medical Marihuana Facilities Licensing Act].” MCL 333.27102(w).
•For purposes of MCL 333.7340c, pseudoephedrine “includes the salts and isomers and salts of isomers of pseudoephedrine.” MCL 333.7340c(6)(b).
•For purposes of MCL 333.7410a, public park “means real property owned or maintained by this state or a political subdivision of this state that is designated by this state or by that political subdivision as a public park.” MCL 333.7410a(3)(b).
Q
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, qualifying Indian tribe “means an Indian tribe that meets all of the following conditions:
(i) The Indian tribe has entered into an agreement with the cannabis regulatory agency under [MCL 333.27957(2)(b)] that is in effect.
(ii) The Indian tribe has entered into an agreement with the department of treasury that is in effect and that does all of the following:
(A) States that the revenue collected from the tax or fee described in [MCL 333.27953(y)(iii)] is not state money, and requires that this revenue be retained by and used as determined by only the Indian tribe, if the marihuana subject to the tax or fee was grown and processed on only the Indian tribe’s Indian lands.
(B) States whether the revenue collected from the tax or fee described in [MCL 333.27953(y)(iii)] from marihuana not described in [MCL 333.27953(y)(ii)(A)] is subject to revenue sharing between the Indian tribe and this state and, if so, the details of the revenue sharing arrangement.
(iii) The Indian tribe imposes a tax or fee on each sale or transfer of marihuana from a tribal marihuana business located in the Indian tribe’s Indian lands to a person other than a tribal marihuana business or marihuana establishment. This subparagraph does not prohibit a qualifying Indian tribe from imposing the tax or fee on sales or transfers of marihuana that are not described in this subparagraph. The tax or fee must be based on the sales price of the marihuana and the rate of the tax or fee must be equal to or greater than the rate established under [MCL 333.27963].” MCL 333.27953(y).
•For purposes of the Michigan Medical Marihuana Act, qualifying patient or patient “means a person who has been diagnosed by a physician as having a debilitating medical condition.” MCL 333.26423(m).
R
•For purposes of the Medical Marihuana Facilities Licensing Act and the Marihuana Tracking Act, registered primary caregiver “means a primary caregiver who has been issued a current registry identification card under the Michigan Medical Marihuana Act.” MCL 333.27102(x); MCL 333.27902(f).
•For purposes of the Medical Marihuana Facilities Licensing Act and the Marihuana Tracking Act, registered qualifying patient “means a qualifying patient who has been issued a current registry identification card under the Michigan Medical Marihuana Act or a visiting qualifying patient as that term is defined in . . . MCL 333.26423.” MCL 333.27102(y); MCL 333.27902(g).
•For purposes of the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, and the Marihuana Tracking Act, registry identification card “means a document issued by the marijuana regulatory agency[15] that identifies a person as a registered qualifying patient or registered primary caregiver.” MCL 333.26423(n); MCL 333.27102(z); MCL 333.27902(h).
•For purposes of the Uniform Forfeiture Reporting Act, MCL 28.111 et seq. and MCL 333.7524b, reporting agency means one of the following:
“(i) If property is seized by or forfeited to a local unit of government, that local unit of government.
(ii) If property is seized by or forfeited to [the state of Michigan], the state department or agency effectuating the seizure or forfeiture.” MCL 28.117(b). See also MCL 333.7524b(3) (reporting agency “means that term as defined in [MCL 28.117]”).
•In addition to other logically relevant factors, the following factors must be considered in regard to “representations made” when determining whether a substance is an imitation controlled substance:
“(a) Any express or implied representation made that the nature of the substance or its use or effect is similar to that of a controlled substance.
(b) Any express or implied representation made that the substance may be resold for an amount considerably in excess of the reasonable value of the composite ingredients and the cost of processing.
(c) Any express or implied representation made that the substance is a controlled substance.
(d) Any express or implied representation that the substance is of a nature or appearance that the recipient of the substance will be able to distribute the substance as a controlled substance.
(e) That the substance’s package, label, or name is substantially similar to that of a controlled substance.
(f) The proximity of the substance to a controlled substance.
(g) That the physical appearance of the substance is substantially identical to a specific controlled substance, including any numbers or codes thereon, and the shape, size, markings, or color.” MCL 333.7341(2).
•For purposes of MCL 750.141a, residence “means a permanent or temporary place of dwelling, included but not limited to, any of the following:
(i) A house, apartment, condominium, or mobile home.
(ii) A cottage, cabin, trailer, or tent.
(iii) A motel unit, hotel unit, or bed and breakfast unit.” MCL 750.141a(1)(h).
•For purposes of MCL 333.7401c, response activity costs “means that term as defined in . . . MCL 324.20101.” MCL 333.7401c(7)(e). MCL 324.20101(1)(ww) defines response activity costs as “all costs incurred in taking or conducting a response activity, including enforcement costs.”
•For purposes of the Medical Marihuana Facilities Licensing Act, rules “means rules promulgated under the [A]dministrative [P]rocedures [A]ct . . . by the [M]arijuana [R]egulatory [A]gency to implement [the Medical Marihuana Facilities Licensing Act].” MCL 333.27102(aa).
S
•For purposes of the Medical Marihuana Facilities Licensing Act, safety compliance facility “means a licensee that is a commercial entity that takes marihuana from a marihuana facility or receives marihuana from a registered primary caregiver, tests the marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.” MCL 333.27102(bb).
•For purposes of MCL 333.7410 and MCL 333.7401c, school property “means a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses.” MCL 333.7410(8)(b). See MCL 333.7401c(7)(f).
•For purposes of MCL 333.7413(1), “an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under [Article 7 of the PHC] or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug.” MCL 333.7413(4).
•For purposes of the Medical Marihuana Facilities Licensing Act, secure transporter “means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.” MCL 333.27102(cc).
•For purposes of the Medical Marihuana Facilities Licensing Act, seed “means the fertilized, ungerminated, matured ovule, containing an embryo or rudimentary plant, of a marihuana plant that is flowering.” MCL 333.27102(dd).
•For purposes of the Medical Marihuana Facilities Licensing Act, seedling “means a marihuana plant that has germinated and has not flowered and is not harvestable.” MCL 333.27102(ee).
•For purposes of MCL 333.7403 and MCL 333.7404, seeks medical assistance “means reporting a drug overdose or other medical emergency to law enforcement, the 9-1-1 system, a poison control center, or a medical provider, or assisting someone in reporting a drug overdose or other medical emergency.” MCL 333.7403(7)(b); MCL 333.7404(6)(b).
•For purposes of MCL 791.234, serious crime “means violating or conspiring to violate [Article 7 of the PHC], that is punishable by imprisonment for more than 4 years, or an offense against a person in violation of . . . MCL 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.87, [MCL] 750.88, [MCL] 750.89, [MCL] 750.316, [MCL] 750.317, [MCL] 750.321, [MCL] 750.349, [MCL] 750.349a, [MCL] 750.350, [MCL] 750.397, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, and [MCL] 750.530.” MCL 791.234(18)(a).
Serious impairment of a body function
•For purposes of MCL 333.17764(5), MCL 750.16, and MCL 750.18, serious impairment of a body function means that phrase as defined in MCL 257.58c. MCL 333.17764(5); MCL 750.16(6); MCL 750.18(8). MCL 257.58c provides: “‘Serious impairment of a body function’ includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or loss of use of a limb.
(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
(c) Loss of an eye or ear or loss of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.”
•For purposes of MCL 769.5, serious misdemeanor “means that term as defined in . . . MCL 780.811.” MCL 769.5(7). MCL 780.811(1)(a) defines serious misdemeanor as “1 or more of the following:
(i) A violation of [MCL 750.81], assault and battery, including domestic violence.
(ii) A violation of [MCL 750.81a], assault; infliction of serious injury, including aggravated domestic violence.
(iii) Beginning January 1, 2024, a violation of [MCL 750.81c(1)], threatening a department of health and human services’ employee with physical harm.
(iv) A violation of [MCL 750.115], breaking and entering or illegal entry.
(v) A violation of [MCL 750.136b(7)], child abuse in the fourth degree.
(vi) A violation of [MCL 750.145], contributing to the neglect or delinquency of a minor.
(vii) A misdemeanor violation of [MCL 750.145d], using the internet or a computer to make a prohibited communication.
(viii) Beginning January 1, 2024, a violation of [MCL 750.147a(2) or MCL 750.174a(3)(b)], embezzlement from a vulnerable adult of an amount of less than $200.00.
(ix) Beginning January 1, 2024, a violation of [MCL 750.174a(3)(a)], embezzlement from a vulnerable adult of an amount of $200.00 to $1,000.00.
(x) A violation of [MCL 750.233], intentionally aiming a firearm without malice.
(xi) A violation of [MCL 750.234], discharge of a firearm intentionally aimed at a person.
(xii) A violation of [MCL 750.235], discharge of an intentionally aimed firearm resulting in injury.
(xiii) A violation of [MCL 750.335a], indecent exposure.
(xiv) A violation of [MCL 750.411h], stalking.
(xv) A violation of [MCL 257.601b(2)], injuring a worker in a work zone.
(xvi) Beginning January 1, 2024, a violation of [MCL 257.601d(1)], moving violation causing death.
(xvii) Beginning January 1, 2024, a violation of [MCL 257.601d(2)], moving violation causing serious impairment of a body function.
(xviii) A violation of [MCL 257.617a], leaving the scene of a personal injury accident.
(xix) A violation of [MCL 257.625], operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(xx) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of [MCL 436.1701], if the violation results in physical injury or death to any individual.
(xxi) A violation of [MCL 324.80176(1) or MCL 324.80176(3)], operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.
(xxii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xxi).
(xxiii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xxii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, ‘crime’ means that term as defined in [MCL 780.752(1)(b)].”
•For purposes of Article 7 of the PHC, sign “means to affix one’s signature manually to a document or to use an electronic signature.” MCL 333.7109(7).
•For purposes of MCL 750.141a, social gathering “means an assembly of 2 or more individuals for any purposes, unless all of the individuals attending the assembly are members of the same household or immediate family.” MCL 750.141a(1)(i).
•For purposes of MCL 600.1084, specialty court “means any of the following:
(i) A drug treatment court.
(ii) A DWI/sobriety court.
(iii) A hybrid of the programs under subparagraphs (i) and (ii).
(iv) A mental health court, as that term is defined in [MCL 600.1090)].
(v) A veterans treatment court, as that term is defined in [MCL 600.1200)]. MCL 600.1084(9)(d).
State-certified treatment court
•For purposes of MCL 600.1088, state-certified treatment court “includes the treatment courts certified by the state court administrative office as provided in [MCL 600.1062 (drug treatment courts), MCL 600.1084 (DWI/sobriety courts), MCL 600.1091 (mental health courts), MCL 600.1099c (juvenile mental health courts), or MCL 600.1201 (veterans treatment courts)].” MCL 600.1088(2).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, state license “means a license issued by the cannabis regulatory agency that allows a person to operate a marihuana establishment.” MCL 333.27953(z).
•For purposes of the Medical Marihuana Facilities Licensing Act, “state operating license or, unless the context requires a different meaning, license means a license that is issued under [the Medical Marihuana Facilities Licensing Act] that allows the licensee to operate as 1 of the following, specified in the license:
(i) A grower.
(ii) A processor.
(iii) A secure transporter.
(iv) A provisioning center.
(v) A safety compliance facility.” MCL 333.27102(ff).
Statewide monitoring system/system
•For purposes of the Marihuana Tracking Act and the Medical Marihuana Facilities Licensing Act (MMFLA),16 statewide monitoring system or system “means an internet-based, statewide database established, implemented, and maintained directly or indirectly by the department that is available to licensees, law enforcement agencies, and authorized state departments and agencies on a 24-hour basis for all of the following:
(i) Verifying registry identification cards.
(ii) Tracking marihuana transfer and transportation by licensees, including transferee, date, quantity, and price.
(iii) Verifying in a commercially reasonable time that a transfer will not exceed the limit that the registered qualifying patient or registered primary caregiver is authorized to receive under . . . MCL 333.26424.” MCL 333.27902(i); see MCL 333.27102(gg).
•For purposes of MCL 791.240, substance abuse “means the taking of alcohol or other drugs at dosages that place an individual’s social, economic, psychological, and physical welfare in potential hazard or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof.” MCL 791.240(5)(b).
T
•For purposes of MCL 771.4b, technical probation violation “means a violation of the terms of a probationer’s probation order that is not listed below, including missing or failing a drug test, [MCL 771.4b(9)(b)(ii)] notwithstanding. Technical probation violations do not include the following:
(i) A violation of an order of the court requiring that the probationer have no contact with a named individual.
(ii) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
(iii) The consumption of alcohol by a probationer who is on probation for a felony violation of . . . MCL 257.625.
(iv) Absconding.” MCL 771.4b(9)(b).
•For purposes of Chapter 10D of the Revised Judicature Act, termination “means removal from the family treatment court due to a new offense, noncompliance, absconding, voluntary withdrawal, medical discharge, or death.” MCL 600.1099aa(h).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, THC “means any of the following:
(i) Tetrahydrocannabinolic acid.
(ii) Unless excluded by the cannabis regulatory agency under [MCL 333.27958(2)(c)], a tetrahydrocannabinol, regardless of whether it is artificially or naturally derived.
(iii) A tetrahydrocannabinol that is a structural, optical, or geometric isomer of a tetrahydrocannabinol described in subparagraph (ii).” MCL 333.27953(aa).
•For purposes of the Sex Offenders Registration Act (SORA), tier I offense “means 1 or more of the following:
(i) A violation of [MCL 750.145c(4)].
(ii) A violation of [MCL 750.335a(2)(b)], if a victim is a minor.
(iii) A violation of . . . MCL 750.349b, if the victim is a minor.
(iv) A violation of [MCL 750.449a(2)].
(v) A violation of [MCL 750.520e or MCL 750.520g(2)], if the victim is 18 years or older.
(vi) A violation of . . . MCL 750.539j, if a victim is a minor.
(vii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor.
(viii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person[.]
(ix) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (viii).
(x) An offense substantially similar to an offense described in subparagraphs (i) to (ix) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.” MCL 28.722(s).
•For purposes of the Sex Offenders Registration Act (SORA), tier II offense “means 1 or more of the following:
(i) A violation of . . . MCL 750.145a.
(ii) A violation of . . . MCL 750.145b.
(iii) A violation of [MCL 750.145c(2) or MCL 750.145c(3)].
(iv) A violation of [MCL 750.145d(1)(a)], except for a violation arising out of a violation of . . . MCL 750.157c.
(v) A violation of . . . MCL 750.158, committed against a minor unless either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
(III) The individual is not more than 4 years older than the victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vi) A violation of . . . MCL 750.338, [MCL] 750.338a, and [MCL] 750.338b, committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
(III) The individual is not more than 4 years older than the victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vii) A violation of [MCL 750.462e(a)].
(viii) A violation of . . . MCL 750.448, if the victim is a minor.
(ix) A violation of . . . MCL 750.455.
(x) A violation of [MCL 750.520c, MCL 750.520e, or MCL 750.520g(2)], committed against an individual 13 years of age or older but less than 18 years of age.
(xi) A violation of [MCL 750.520c] committed against an individual 18 years of age or older.
(xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi).
(xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.” MCL 28.722(u).
•For purposes of the Sex Offenders Registration Act (SORA), tier III offense “means 1 or more of the following:
(i) A violation of . . . MCL 750.338, [MCL] 750.338a, and [MCL] 750.338b, committed against an individual less than 13 years of age.
(ii) A violation of . . . MCL 750.349, committed against a minor.
(iii) A violation of . . . MCL 750.350.
(iv) A violation of [MCL 750.520b, MCL 750.520d, or MCL 750.520g(1)]. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim.
(v) A violation of [MCL 750.520c or MCL 750.520g(2)], committed against an individual less than 13 years of age.
(vi) A violation of . . . MCL 750.520e, committed by an individual 17 years of age or older against an individual less than 13 years of age.
(vii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vi).
(viii) An offense substantially similar to an offense described in subparagraphs (i) to (vii) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.” MCL 28.722(w).
•For purposes of the Medical Marihuana Facilities Licensing Act, tissue culture “means a marihuana plant cell, cutting, tissue, or organ, that is kept under a sterile condition on a nutrient culture medium of known composition and that does not have visible root formation. A tissue culture is not a marihuana plant for purposes of a grower.” MCL 333.27102(hh).
•For purposes of MCL 777.45, trafficking “means the sale or delivery of controlled substances or counterfeit controlled substances on a continuing basis to 1 or more other individuals for further distribution.” MCL 777.45(2)(c).
•For purposes of Chapter 10A (drug treatment courts) of the Revised Judicature Act of 1961, MCL 600.101 et seq., traffic offense “means a violation of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to [MCL] 257.923, or a violation of a local ordinance substantially corresponding to a violation of that act, that involves the operation of a vehicle and, at the time of the violation, is a felony or misdemeanor.” MCL 600.1060(f).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, tribal marihuana business “means a business that meets all of the following conditions:
(i) The business engages in the type of activities licensed under this act.
(ii) The business is not a marihuana establishment.
(iii) The business is wholly owned by a qualifying Indian tribe, the enrolled members of a qualifying Indian tribe, or a combination of a qualifying Indian tribe and the members of that qualifying Indian tribe.
(iv) The business is located in this state and in the Indian lands of the qualifying Indian tribe described in [MCL 333.27953(bb)(iii)].
(v) The business is subject to a tax or fee described in [MCL 333.27953(y)(iii)].” MCL 333.27953(bb).
U
•For purposes of Article 7 of the PHC, ultimate user “means an individual who lawfully possesses a controlled substance for personal use or for the use of a member of the individual’s household, or for administering to an animal owned by the individual or by a member of the individual’s household.” MCL 333.7109(8).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act, unreasonably impracticable “means that the measures necessary to comply with the rules or ordinances adopted pursuant to this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment.” MCL 333.27953(cc).
•For purposes of MCL 750.474, the Michigan Medical Marihuana Act, and the Medical Marihuana Facilities Licensing Act, usable marihuana “means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.”MCL 333.26423(o); MCL 333.27102(ii); MCL 750.474(1).
•For purposes of the Michigan Medical Marihuana Act, usable marihuana equivalent “means the amount of usable marihuana in a marihuana-infused product that is calculated as provided in [MCL 333.26424(c)].” MCL 333.26423(p).
V
•For purposes of MCL 333.7401c and the Michigan Vehicle Code (MVC), vehicle means “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under [the MVC], a mobile home as defined in [MCL 125.2302.]” MCL 257.79. MCL 333.7401c(7)(g).
•For purposes of Chapter 12 of the Revised Judicature Act of 1961, MCL 600.101 et seq., (veterans treatment courts), veteran “means an individual who meets both of the following:
(i) Is a veteran as defined in . . . MCL 35.61.[17]
(ii) Served at least 180 days of active duty in the armed forces of the united states.” MCL 600.1200(h).18
•For purposes of Chapter 12 of the Revised Judicature Act of 1961, MCL 600.101 et seq., (veterans treatment courts), veterans treatment court “means a court adopted or instituted under [MCL 600.1201] that provides a supervised treatment program for individuals who are veterans and who abuse or are dependent upon any controlled substance or alcohol or suffer from a mental illness.”MCL 600.1200(j).
•For purposes of MCL 791.236, violent felony “means an offense against a person in violation of . . . MCL 750.82, [MCL] 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.87, [MCL] 750.88, [MCL] 750.89, [MCL] 750.316, [MCL] 750.317, [MCL] 750.321, [MCL] 750.349, [MCL] 750.349a, [MCL] 750.350, [MCL] 750.397, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, and [MCL] 750.530.” MCL 791.236(20).
•For purposes of Chapter 10A of the Revised Judicature Act of 1961, MCL 600.101 et seq., (drug treatment courts), violent offender “means an individual who is currently charged with or has pled guilty to, or, if the individual is a juvenile, is currently alleged to have committed or has admitted responsibility for, an offense involving the death of or serious bodily injury to any individual, whether or not any of the circumstances are an element of the offense, or an offense that is criminal sexual conduct of any degree.” MCL 600.1060(g).
•For purposes of Chapter 10B of the Revised Judicature Act of 1961, MCL 600.101 et seq., (mental health courts), violent offender “means an individual who is currently charged with, or has been convicted of, an offense involving the death of, or a serious bodily injury to, any individual, whether or not any of these circumstances are an element of the offense, or with criminal sexual conduct in any degree.” MCL 600.1090(i).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, MCL 600.101 et seq., (juvenile mental health courts), violent offender “means a juvenile who is adjudicated on or has been, within the preceding 5 years, adjudicated on 1 or more of the following offenses:
(i) First degree murder.
(ii) Second degree murder.
(iii) Criminal sexual conduct in the first, second, or third degree.
(iv) Assault with intent to do great bodily harm less than murder in violation of . . . MCL 750.84.” MCL 600.1099b(j).
•For purposes of Chapter 12 of the Revised Judicature Act of 1961, MCL 600.101 et seq., (veterans treatment courts), violent offender “means an individual who is currently charged with or has pled guilty to an offense involving the death of, or a serious bodily injury to, any individual, whether or not any of these circumstances are an element of the offense, or an offense that is criminal sexual conduct in any degree.” MCL 600.1200(k).
•For purposes of Chapter 10D of the Revised Judicature Act, violent offender “means an individual who is currently charged with or has pled guilty to an offense involving the death of or serious bodily injury to any individual, whether or not death or serious bodily injury is an element of the offense, or an offense that is criminal sexual conduct of any degree.” MCL 600.1099aa(i).
•For purposes of MCL 333.27961a, visibly intoxicated “means displaying obvious, objective, and visible evidence of intoxication that would be apparent to an ordinary observer.” MCL 333.27961a(13)(c).
•For purposes of the Michigan Medical Marihuana Act, visiting qualifying patient “means a patient who is not a resident of this state or who has been a resident of this state for less than 30 days.” MCL 333.26423(q).
W
•For purposes of the Michigan Medical Marihuana Act, written certification “means a document signed by a physician, stating all of the following:
(1) The patient’s debilitating medical condition.
(2) The physician has completed a full assessment of the patient’s medical history and current medical condition, including a relevant medical evaluation.
(3) In the physician’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.” MCL 333.26423(r).
•For purposes of MCL 333.27961a, written notice “means a communication in writing that does all of the following:
(i) Identifies the minor or alleged visibly intoxicated person by name and address.
(ii) States all of the following:
(A) The date of the alleged violation of [MCL 333.27961a(1)].
(B) The name and address of the injured or killed individual.
(C) The location and circumstances of the accident or event that caused injury or death.
(D) The date of retention of the person or law firm giving the notice.” MCL 333.27961a(13)(d).