§ 46-259. Sale—Prohibited.

(a)

Subject to subsection (b) of this section, a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

(b)

Before a person is arrested for a violation of subsection (a) of this section, the attorney general or a prosecuting attorney shall notify the person in writing, not less than two business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (a) of this section.

(c)

If a person complies with a notice sent under subsection (b) of this section, the compliance is a complete defense for the person against a prosecution under this section as long as the compliance continues.

State law reference

Similar provisions, MCL 333.7453.