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Michigan Statutes, Title 333

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Michigan/Statutes

← All Michigan coverage

Title 333, HEALTH

58 chapters · 2,092 sections in this title.

All chapters in Title 3332,092 Ch 368-of-1978, PUBLIC HEALTH CODE1,804 Ch 220-of-2020, INDUSTRIAL HEMP GROWERS ACT36 Ch 281-of-2016, MEDICAL MARIHUANA FACILITIES LICENSI…36 Ch 204-of-1987, LOW-LEVEL RADIOACTIVE WASTE AUTHORIT…28 Ch 193-of-1996, MICHIGAN DO-NOT-RESUSCITATE PROCEDUR…20 Ch Initiated Law 1-of-2018, MICHIGAN REGULATION AND TAXATION OF …19 Ch 522-of-1996, THE MICHIGAN BIOLOGIC PRODUCTS INSTI…15 Ch Initiated Law 1-of-2008, MICHIGAN MEDICAL MARIHUANA ACT12 Ch 527-of-2008, UNITED WAY FUND ACT; CHILDREN'S HOSP…11 Ch 85-of-2016, DESIGNATED CAREGIVER ACT8 Ch 134-of-2007, AMANDA'S FUND FOR BREAST CANCER PREV…7 Ch 345-of-2014, RIGHT TO TRY ACT7 Ch 424-of-2002, HOUSING-WITH-SERVICES CONTRACT ACT7 Ch 31-of-1990, ATHLETIC SERVICES PROVIDERS6

2,092 sections·Filtered byTitle 333✕

Mich. Comp. Laws § 333.7339 Dispensing, selling, or giving product to individual less than 18 years of age; violation as misdemeanor; penalty.
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Sec. 7339. (1) A person shall not dispense, sell, or otherwise give a product described in section 7220(1)(c)(ii) to an individual less than 18 years of age. This section does not apply to a physician or pharmacist who prescribes, dispenses, administers, or delivers a product des…
Mich. Comp. Laws § 333.7340 Selling, distributing, delivering, or furnishing product containing ephedrine or pseudoephedrine; prohibition; exceptions; violation as felony; penalty.
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Sec. 7340. (1) A person shall not sell, distribute, deliver, or otherwise furnish a product that contains any compound, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, a salt or optical isomer of ephedrine or pseudoephedrine, or a salt …
Mich. Comp. Laws § 333.7340a Submission of information to NPLEx.
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Sec. 7340a. (1) Before completing a sale under section 17766f, a retailer shall electronically submit the required information to the national precursor log exchange (NPLEx) administered by the national association of drug diversion investigators (NADDI). A retailer shall not be …

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Mich. Comp. Laws § 333.7340c Soliciting or attempting to solicit another person to obtain ephedrine or pseudoephedrine; violation; penalty; other violation; report to state police; definitions.

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Sec. 7340c. (1) A person shall not solicit another person to purchase or otherwise obtain any amount of ephedrine or pseudoephedrine knowing that it is to be used for the purpose of illegally manufacturing methamphetamine. (2) Except as provided in subsection (3), a person who vi…

Mich. Comp. Laws § 333.7341 Definitions; factors in determining imitation controlled substance; prohibited conduct; violation; civil fine; misdemeanor; penalty; default in payment of civil fine or costs; collection; prohibited advertisement or solicitation; violation as misdemeanor; penalty; section inapplicable to certain persons; violation as felony; penalty.

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Sec. 7341. (1) As used in this section: (a) "Distribute" means the actual, constructive, or attempted transfer, sale, delivery, or dispensing from one person to another of an imitation controlled substance. (b) "Imitation controlled substance" means a substance that is not a cont…

Mich. Comp. Laws § 333.7401 Manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver controlled substance, prescription form, or counterfeit prescription form; dispensing, prescribing, or administering controlled substance; violations; penalties; consecutive terms; discharge from lifetime probation; "plant" defined.

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Sec. 7401. (1) Except as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form. A practitioner licensed by the administ…

Mich. Comp. Laws § 333.7401a Delivery of controlled substance; violation of MCL 750.520b to 750.520e or MCL 750.520g.

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Sec. 7401a. (1) A person who, without an individual's consent, delivers a controlled substance or a substance described in section 7401b or causes a controlled substance or a substance described in section 7401b to be delivered to that individual to commit or attempt to commit a …

Mich. Comp. Laws § 333.7401b Manufacture, delivery, or possession of gamma-butyrolactone prohibited; exception; violation; definitions.

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Sec. 7401b. (1) A person shall not do any of the following: (a) Manufacture, deliver, or possess with intent to manufacture or deliver gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone. (b) Knowingly or intentionally possess gam…

Mich. Comp. Laws § 333.7401c Manufacture of controlled substance; prohibited acts; violation as felony; exceptions; imposition of consecutive terms; court order to pay response activity costs; definitions.

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Sec. 7401c. (1) A person shall not do any of the following: (a) Own, possess, or use a vehicle, building, structure, place, or area that he or she knows or has reason to know is to be used as a location to manufacture a controlled substance in violation of section 7401 or a count…

Mich. Comp. Laws § 333.7402 Creating, manufacturing, delivering, or possessing with intent to deliver counterfeit substance or controlled substance analogue intended for human consumption; applicability of section and certain federal provisions; violations; penalties.

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Sec. 7402. (1) Except as authorized by this article, a person shall not create, manufacture, deliver, or possess with intent to deliver a counterfeit substance or a controlled substance analogue intended for human consumption. This section does not apply to a person who manufactu…

Mich. Comp. Laws § 333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; individuals exempt from violation; notification of parent, guardian, or custodian of minor; other criminal charges; discharge from probation; definitions.

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Sec. 7403. (1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a …

Mich. Comp. Laws § 333.7403a Fraudulently obtaining controlled substance or prescription from health care provider; certain privileges inapplicable to released or available medical records or information; immunity from civil or administrative liability; violation; penalty; probation; screening and assessment by bureau of substance abuse and addiction services; other violations; "health care provider" defined.

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Sec. 7403a. (1) A person shall not fraudulently obtain or attempt to obtain a controlled substance or a prescription for a controlled substance from a health care provider. (2) The following privileges do not apply to medical records or information released or made available unde…

Mich. Comp. Laws § 333.7404 Use of controlled substance or controlled substance analogue; violations; penalties; individuals exempt from violation; notification of parent, guardian, or custodian of minor; other criminal charges; definitions.

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Sec. 7404. (1) A person shall not use a controlled substance or controlled substance analogue unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, o…

Mich. Comp. Laws § 333.7405 Prohibited conduct; violation; penalties.

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Sec. 7405. (1) A person shall not do any of the following: (a) If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333. (b) If the person is a licensee, manufacture a controlled subs…

Mich. Comp. Laws § 333.7406 Violation of MCL 333.7405; penalty.

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Sec. 7406. A person who violates section 7405 may be punished by a civil fine of not more than $25,000.00 in a proceeding in the circuit court. However, if the violation is prosecuted by a criminal indictment alleging that the violation was committed knowingly or intentionally, a…

Mich. Comp. Laws § 333.7407 Prohibited conduct; violation as felony; penalty.

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Sec. 7407. (1) A person shall not knowingly or intentionally: (a) Distribute as a licensee a controlled substance classified in schedule 1 or 2, except pursuant to an order form as required by section 7331. (b) Use in the course of the manufacture or distribution of a controlled …

Mich. Comp. Laws § 333.7407a Attempt to violate or knowingly or intentionally solicit, induce, or intimidate another person to violate part; penalty.

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Sec. 7407a. (1) A person shall not attempt to violate this part. (2) A person shall not knowingly or intentionally solicit, induce, or intimidate another person to violate this part. (3) Except as otherwise provided in section 7416, a person who violates this section is guilty of…

Mich. Comp. Laws § 333.7408 Penalty cumulative.

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Sec. 7408. A penalty imposed for violation of this article is in addition to, and not in lieu of, a civil or administrative penalty or sanction otherwise authorized by law.

Mich. Comp. Laws § 333.7408a Licensing sanctions.

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Sec. 7408a. (1) Except as otherwise provided in subsection (3), before imposing sentence or entering a juvenile disposition for an attempt to violate, a conspiracy to violate, or a violation of this part or of a local ordinance that prohibits conduct prohibited under this part, t…

Mich. Comp. Laws § 333.7409 Conviction or acquittal under federal law or law of other state as bar to prosecution.

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Sec. 7409. If a violation of this article is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

Mich. Comp. Laws § 333.7410 Violations by individual 18 years of age or over who violates MCL 333.7401; distribution of marihuana; penalties; definitions.

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Sec. 7410. (1) Except as otherwise provided in subsections (2) and (3), an individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering or distributing a controlled substance listed in schedule 1 or 2 that is either a narcotic drug or described in section …

Mich. Comp. Laws § 333.7410a Delivery or intent to deliver controlled substance in or within public or private park; term of imprisonment; definitions.

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Sec. 7410a. (1) An individual 18 years of age or over who does any of the following may be punished by a term of imprisonment of not more than 2 years: (a) Violates section 7401(2)(a)(iv) or (2)(b)(i) or section 7401b by delivering a controlled substance or gamma-butyrolactone to…

Mich. Comp. Laws § 333.7411 Possession or use of controlled substance or imitation controlled substance; probation; terms and conditions; violation; discharge and dismissal; deferral of proceedings; nonpublic record of arrest, court proceedings, and disposition; nonpublic record open to certain individuals and entities; purposes; course of instruction or rehabilitation program; conviction of second violation; screening and assessment; costs.

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Sec. 7411. (1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty …

Mich. Comp. Laws § 333.7413 Conviction of second or subsequent violation; penalty.

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Sec. 7413. (1) Except as otherwise provided in subsection (2) an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not more than twice that otherwise authoriz…

Mich. Comp. Laws § 333.7415 Dismissal of case; reduction of charge; plea of guilty, guilty but mentally ill, or nolo contendere.

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Sec. 7415. (1) After the arraignment of a defendant on a warrant charging the defendant with the commission of any of the offenses specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), or with conspiracy to commit an offense specified in section 7401(2)(a)(i) or (i…

Mich. Comp. Laws § 333.7416 Recruiting, inducing, soliciting, or coercing minor to commit felony; penalties; exception.

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Sec. 7416. (1) A person 17 years of age or over who recruits, induces, solicits, or coerces a minor less than 17 years of age to commit or attempt to commit any act that would be a felony under this part if committed by an adult is guilty of a felony and may be punished by a fine…

Mich. Comp. Laws § 333.7417 Product producing same or similar effect as scheduled ingredient; sale or offer to sell prohibited; violation; penalty; "named product" defined.

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Sec. 7417. (1) A person who knows that a named product contains or previously contained an ingredient that was designated to be a schedule 1 controlled substance shall not sell or offer to sell any other product while representing that it contains an ingredient that produces the …

Mich. Comp. Laws § 333.7421 Opioid-related overdose fatalities; report.

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Sec. 7421. By February 1 each year, the department of community health shall ascertain, document, and publish a report on the number, trends, patterns, and risk factors related to opioid-related overdose fatalities that occurred in this state in the preceding calendar year. The d…

Mich. Comp. Laws § 333.7422 Compliance with MCL 333.17744b or MCL 333.17744e; prescribing, dispensing, possessing, or administering opioid antagonist; person not in violation of article.

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Sec. 7422. A person that complies with section 17744b or 17744e is not in violation of this article with regard to the prescribing, dispensing, possessing, or administering an opioid antagonist as authorized in either of those sections.

Mich. Comp. Laws § 333.7423 Compliance with MCL 333.21418 not a violation of article.

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Sec. 7423. The delivery of a controlled substance under section 21418 for the purpose of disposing of the controlled substance is not a violation of this article.

Mich. Comp. Laws § 333.7451 “Drug paraphernalia” defined.

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Sec. 7451. As used in sections 7453 to 7461 and section 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; manuf…

Mich. Comp. Laws § 333.7453 Sale of object designed for inhaling nitrous oxide or drug paraphernalia prohibited; notice; compliance.

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Sec. 7453. (1) Subject to subsection (2), a person shall not sell or offer for sale an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia, knowing that the object specifically designed for inhaling nitrous oxide for recreationa…

Mich. Comp. Laws § 333.7455 Violation of MCL 333.7453 as misdemeanor; penalty.

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Sec. 7455. (1) Except as provided in subsection (2), a person who violates section 7453 is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000.00, or both. (2) A person 18 years of age or older who violates section 7453…

Mich. Comp. Laws § 333.7457 Applicability of MCL 333.7451 to 333.7455.

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Sec. 7457. Sections 7451 to 7455 do not apply to any of the following: (a) An object sold or offered for sale to a person licensed under article 15 or under the occupational code, 1980 PA 299, MCL 339.101 to 339.2721, or any intern, trainee, apprentice, or assistant in a professi…

Mich. Comp. Laws § 333.7459 Action for declaratory judgment; defendant.

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Sec. 7459. (1) A person who has received a notice under section 7453(2) may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell. (2) The attorney general or the prosecuting attorney who sent the notice unde…

Mich. Comp. Laws § 333.7461 Declaratory judgment as complete defense.

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Sec. 7461. If a declaratory judgment has been issued pursuant to section 7459 stating that sale or offer to sell specified material does not violate section 7453, the declaratory judgment is a complete defense for the person obtaining such a judgment against a prosecution under s…

Mich. Comp. Laws § 333.7501 Arrest without warrant.

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Sec. 7501. A sheriff, deputy sheriff, or local or state police officer who has reasonable cause to believe that a violation of this article punishable by imprisonment for 1 year or more has taken place or is taking place and reasonable cause to believe that an individual has comm…

Mich. Comp. Laws § 333.7502 Powers of agents.

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Sec. 7502. (1) An inspection agent or investigatory agent of the department of commerce may do any of the following: (a) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state. (b) …

Mich. Comp. Laws § 333.7504 Administrative inspection warrants; issuance; execution; oath or affirmation showing probable cause; seizure of property; existence of probable cause; affidavit; contents of warrant.

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Sec. 7504. (1) Administrative inspection warrants shall be issued and executed as prescribed in this part. (2) A magistrate within the magistrate's jurisdiction, upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administr…

Mich. Comp. Laws § 333.7505 Contents, execution, and return of warrant; copy of warrant and receipt for property seized; inventory of property taken; delivering copy of inventory; filing warrant with copy of return and papers returnable.

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Sec. 7505. (1) The warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof. (b) Be directed to a person described in section 7502. (c) Command the person to whom it is directed to inspect the area, premis…

Mich. Comp. Laws § 333.7507 Administrative inspections of controlled premises.

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Sec. 7507. (1) The department of commerce may make administrative inspections of controlled premises in accordance with this section. (2) When authorized by an administrative inspection warrant, an officer or employee designated by the department of commerce, upon presenting the …

Mich. Comp. Laws § 333.7511 Restraining or enjoining violation; trial by jury.

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Sec. 7511. (1) The circuit court of a county having jurisdiction over an alleged violator of this article has jurisdiction to restrain or enjoin a violation of this article. (2) The defendant may demand a trial by jury for an alleged violation of an injunction or restraining orde…

Mich. Comp. Laws § 333.7515 Cooperation with federal and other state agencies; relying and acting upon results, information, and evidence.

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Sec. 7515. (1) The administrator may cooperate with federal and other state agencies in discharging its responsibilities as to traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the administrator may: (a) Arrange for the exchange …

Mich. Comp. Laws § 333.7516 Name or identity of patient, research, or individual.

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Sec. 7516. A practitioner engaged in professional practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the practitioner's licensing agency, and may not be compelled in any state or local civil, criminal, administrat…

Mich. Comp. Laws § 333.7521 Property subject to forfeiture; burden of proof; "imitation controlled substance" defined.

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Sec. 7521. (1) The following property is subject to forfeiture: (a) A prescription form, controlled substance, an imitation controlled substance, a controlled substance analogue, or other drug that has been manufactured, distributed, dispensed, used, possessed, or acquired in vio…

Mich. Comp. Laws § 333.7521a Civil asset forfeiture; conditions, requirements, and limitations; applicability.

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Sec. 7521a. (1) Except as otherwise provided in this section, property may be seized as provided in section 7522 for a violation of this article, but is not subject to forfeiture under section 7521 or disposition under section 7524 unless a criminal proceeding involving or relati…

Mich. Comp. Laws § 333.7522 Property subject to forfeiture; seizure; process; seizure without process.

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Sec. 7522. Property that is subject to forfeiture under this article or pursuant to section 7521 may be seized upon process issued by the circuit court having jurisdiction over the property. Seizure without process may be made under any of the following circumstances: (a) Inciden…

Mich. Comp. Laws § 333.7523 Seizure under MCL 333.7522; forfeiture proceedings; procedure; property subject to section or to order and judgment of court; powers of seizing agency; determining title to forfeited real property; forfeiture of real property encumbered by bona fide security interest; examination of money.

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Sec. 7523. (1) Subject to section 7521a, if property is seized under section 7522, forfeiture proceedings must be instituted promptly. If the property is seized without process under section 7522, and the total value of the property seized does not exceed $50,000.00, the followin…

Mich. Comp. Laws § 333.7523a Stay of civil forfeiture during pending criminal proceedings; forfeiture hearing; burden of proof; return of property; applicability.

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Sec. 7523a. (1) If section 7521a applies to a forfeiture case under this article, the seized property is subject to forfeiture under section 7521, and a person has filed a claim as provided under section 7523, a civil forfeiture action under this act must be stayed during the pen…

Mich. Comp. Laws § 333.7524 Disposition of forfeited property; donation of lights and scales for educational purposes; appointment, compensation, and authority of receiver to dispose of forfeited real property; expenses of forfeiture proceedings; court order.

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Sec. 7524. (1) When property is forfeited under this article, the local unit of government that seized the property may do any of the following, or if the property is seized by or in the custody of this state, the state may do any of the following, subject to section 7523(1)(d): …