Are Poppers (alkyl nitrites) Legal in Michigan? (2026)

Instrument

Schedule 1, Salvia divinorum and Salvinorin A

Source

https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-333-7212

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2026-10-31

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(v) Salvia divinorum; except as provided in subdivision (w), all parts of the plant presently classified botanically as salvia divinorum, whether growing or not; the leaves and seeds of that plant; any extract from any part of that plant; and every compound, salt, derivative, mixture, or preparation of that plant or its leaves, seeds, or extracts.

    
(w) Salvinorin A.

Instrument

Michigan lists tianeptine sodium in Schedule II

Source

https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-333-7214

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2026-11-01

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(f) Tianeptine sodium.

Instrument

Schedule 3, ketamine

Source

https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-333-7216

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2026-10-31

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(h) Any material, compound, mixture, or preparation containing any quantity of ketamine, a salt of ketamine, an isomer of ketamine, or a salt of an isomer of ketamine.

Instrument

Inhalation or consumption of chemical agent prohibited; anesthesia inhalation excepted

Source

https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-752-272

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2026-10-31

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752.272 Inhalation or consumption of chemical agent prohibited; anesthesia inhalation excepted.

Sec. 2.

       No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent or intentionally drink, eat or otherwise introduce any chemical agent into his respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.

History:
 1967, Act 119, Eff. Nov. 2, 1967
          ;--
        Am. 1969, Act 206, Eff. Mar. 20, 1970

Instrument

Sale or distribution of device containing nitrous oxide

Source

https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-752-272a

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2026-10-31

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752.272a Sale or distribution of device containing nitrous oxide to person under age of 18; civil fine; sale or distribution of device containing or dispensing nitrous oxide; prohibition; exceptions; violation; penalty; definitions.

Sec. 2a.

    
(1) Except for a person described in subsection (3)(c) or (d) acting in the course of his or her duties, a person shall not sell or otherwise distribute a device that solely contains nitrous oxide to a person under the age of 18 for any purpose unless the person under the age of 18 is accepting delivery of a device containing nitrous oxide or a device used to dispense nitrous oxide in his or her capacity as an employee.

    
(2) A person who knowingly sells or distributes a device that solely contains nitrous oxide to a person who is under the age of 18 in violation of subsection (1), or who fails to make diligent inquiry as to whether the person is a minor, is liable for a civil fine and may be ordered to pay not more than $500.00.

    
(3) A person shall not sell or otherwise distribute to another person any device that contains any quantity of nitrous oxide or sell or otherwise distribute a device to dispense nitrous oxide for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system. This subsection does not apply to nitrous oxide that has been denatured or otherwise rendered unfit for human consumption or to any of the following:

    
(a) A person licensed under chapter VII of the food law, 2000 PA 92, MCL 289.7101 to 289.7137, who sells or otherwise distributes the device as a grocery product.

    
(b) A person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or selling or distributing compressed gases for industrial or medical use who sells or otherwise distributes the device in the course of that business.

    
(c) A pharmacist, pharmacist intern, or pharmacy as defined in section 17707 of the public health code, 1978 PA 368, MCL 333.17707, who dispenses the device in the course of his or her duties as a pharmacist or pharmacist intern or as a pharmacy.

    
(d) A health care professional.

    
(4) A person who violates subsection (3) is guilty of a crime as follows:

    
(a) Except as provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

    
(b) If the person has 1 prior conviction, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

    
(c) If the person has 2 or more prior convictions, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

    
(5) As used in this section:

    
(a) "Diligent inquiry" means a diligent good-faith effort to determine the age of a person, which includes at least an examination of an official Michigan operator's or chauffeur’s license, an official Michigan personal identification card, a military identification card, or any other bona fide picture identification that establishes the identity and age of the person.

    
(b) "Prior conviction" means a previous violation of this section 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 this section.

History:
 Add.
2000, Act 299
, Eff. Jan. 1, 2001
          ;--

Am.
2018, Act 136
, Eff. Aug. 8, 2018

Instrument

Schedules; federal controlled substance schedules adopted by reference; exceptions

Source

https://ars.apps.lara.state.mi.us/AdminCode/DownloadAdminCodeFile?FileName=R%20338.3101%20to%20R%20338.3199q.pdf

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2026-11-06

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R 338.3111 Schedules; federal controlled substance schedules adopt by reference;
exceptions.
  Rule 11. (1) The board approves and adopts by reference the complete list of drugs and
other substances that are considered controlled substances under the CSA, that have been
divided into 5 schedules as published in 21 CFR 1308.11 to 1308.15, except for the
following:
   (a) Drugs or other substances scheduled, rescheduled, or descheduled by this state’s
laws enacted after January 6, 2022.
   (b) Drugs listed in subrule (3) of this rule, which are scheduled differently than
scheduled in 21 CFR 1308.11 to 1308.15.
  (2) The standards adopted by reference in subrule (1) of this rule are available at no cost
at https://www.ecfr.gov/current/title-21/chapter-II/part-1308, or at 10 cents per page from
the Board of Pharmacy, Bureau of Professional Licensing, Michigan Department of
Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670,
Lansing, Michigan 48909.
  (3) The following drugs and other substances are designated as a schedule 1, 2, 3, 4, or 5
drug, as follows:

Drug or Substance                                                       1 2 3 4 5
(a) Synthetic cannabinoid:                                              x
Includes a material, compound, mixture, or preparation that is not
otherwise listed as a controlled substance in this schedule or in
schedules 2 to 5, is not approved by the FDA as a drug, and contains a
quantity of the following substances, their salts, isomers (whether
optical, positional, or geometric), homologues (analogs), and salts of
isomers and homologues (analogs), unless specifically excepted,
whenever the existence of these salts, isomers, homologues (analogs),
and salts of isomers and homologues (analogs) is possible within the
specific chemical designation:
  (i) A compound containing a 3-(1-naphthoyl)indole structure, also
known as napthoylindoles, with substitution at the nitrogen atom of the


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indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl,      1-(N-methyl-2-piperidinyl)methyl,      or     2-(4-
morpholinyl)ethyl group, whether or not further substituted on the
indole ring to an extent and whether or not substituted on the naphthyl
ring to an extent. Examples of this structural class include, but are not
limited to, JWH-007, JWH-015, JWH-018, JWH-019, JWH-073,
JWH-081, JWH-122, JWH-200, JWH-210, JWH-398, AM-1220, AM-
2201, and WIN-55, 212-2.
  (ii) A compound containing a 1H-indol-3-yl-(1-naphthyl)methane
structure, also known as napthylmethylindoles, with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted on
the indole ring to an extent and whether or not substituted on the
naphthyl ring to an extent. Examples of this structural class include,
but are not limited to, JWH-175 and JWH-184.
  (iii) A compound containing a 3-(1-naphthoyl)pyrrole structure, also
known as naphthoylpyrroles with substitution at the nitrogen atom of
the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted on the
pyrrole ring to an extent and whether or not substituted on the naphthyl
ring to an extent. Examples of this structural class include, but are not
limited to, JWH-370 and JWH-030.
  (iv) A compound containing a naphthylideneindene structure with
substitution at the 3-position of the indene ring by an alkyl, haloalkyl,
alkenyl,      cycloalkylmethyl,       cycloalkylethyl,   1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
further substituted on the indene ring to an extent and whether or not
substituted on the naphthyl ring to an extent. Examples of this
structural class include, but are not limited to, JWH-176.
  (v) A compound containing a 3-phenylacetylindole structure, also
known as phenacetylindoles, with substitution at the nitrogen atom of
the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl,      1-(N-methyl-2-piperidinyl)methyl,      or     2-(4-
morpholinyl)ethyl group, whether or not further substituted on the
indole ring to an extent and whether or not substituted on the phenyl
ring to an extent. Examples of this structural class include, but are not
limited to, RCS-8 (SR-18), JWH-250, JWH-203, JWH-251, and JWH-
302.
  (vi) A compound containing a 2-(3-hydroxycyclohexyl)phenol
structure, also known as cyclohexylphenols, with substitution at the 5-
position of the phenolic ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not substituted on the
cyclohexyl ring to an extent. Examples of this structural class include,


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but are not limited to, CP-47,497 (and homologues(analogs)),
cannabicyclohexanol, and CP-55,940.
  (vii) A compound containing a 3-(benzoyl)indole structure, also
known as benzoylindoles, with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl,      1-(N-methyl-2-piperidinyl)methyl,      or     2-(4-
morpholinyl)ethyl group, whether or not further substituted on the
indole ring to an extent and whether or not substituted on the phenyl
ring to an extent. Examples of this structural class include, but are not
limited to, AM-694, pravadoline (WIN-48,098), RCS-4, AM-630,
AM-679, AM-1241, and AM-2233.
  (viii) A compound containing a 11-hydroxy-/\8-tetrahydrocannabinol
structure, also known as dibenzopyrans, with further substitution on
the 3-pentyl group by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkyethyl,      1-(N-methyl-2-piperidinyl)methyl,       or     2-(4-
morpholinyl)ethyl group. Examples of this structural class include, but
are not limited to, HU-210, JWH-051, JWH-133.
  (ix) A compound containing a 3-(1-adamantoyl)indole structure, also
known as adamantoylindoles, with substitution at the nitrogen atom of
the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl,      1-(N-methyl-2-piperidinyl)methyl,      or     2-(4-
morpholinyl)ethyl group, whether or not further substituted on the
adamantyl ring system to an extent. Examples of this structural class
include, but are not limited to, AM-1248.
  (x) A synthetic chemical compound that is a cannabinoid receptor
agonist and mimics the pharmacological effect of naturally occurring
cannabinoids that is not listed in schedules 2 through 5 and is not
approved by the FDA as a drug.
(b) Synthetic cathinone:                                                  x
Includes a material, compound, mixture, or preparation that is not
otherwise listed as a controlled substance in this schedule or in
schedules 2 through 5, is not approved by the FDA as a drug, and
contains a quantity of the following substances, their salts, isomers
(whether optical, positional, or geometric), homologues (analogs), and
salts of isomers and homologues (analogs), unless specifically
excepted, whenever the existence of these salts, isomers, homologues
(analogs), and salts of isomers and homologues (analogs) is possible
within the specific chemical designation:
  (i) A compound containing a 2-amino-1-propanone structure with
substitution at the 1-position with a monocyclic or fused polycyclic
ring system and a substitution at the nitrogen atom by an alkyl group,
cycloalkyl group, or incorporation into a heterocyclic structure.
Examples of this structural class include, but are not limited to,
dimethylcathinone, ethcathinone, and alpha-pyrrolidinopropiophenone.
  (ii) A compound containing a 2-amino-1-propanone structure with
substitution at the 1-position with a monocyclic or fused polycyclic


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ring system and a substitution at the 3-position carbon with an alkyl,
haloalkyl, or alkoxy group. An example of this structural class
includes, but is not limited to, naphyrone.
  (iii) A compound containing a 2-amino-1-propanone structure with
substitution at the 1-position with a monocyclic or fused polycyclic
ring system and a substitution at a position of the ring system with an
alkyl, haloalkyl, halogen, alkylenedioxy, or alkoxy group, whether or
not further substituted at a position on the ring system to an extent.
Examples of this structural class include, but are not limited to,
mephedrone, methylone, and 3-fluoromethylone.
(c) Ephedrine:                                                                                 x
A salt of ephedrine, an optical isomer of ephedrine, a salt of an optical
isomer of ephedrine, or a compound, mixture, or preparation
containing ephedrine, a salt of ephedrine, an optical isomer of
ephedrine, or a salt of an optical isomer of ephedrine except for both
the following:
  (i) A product containing ephedrine, a salt of ephedrine, an optical
isomer of ephedrine, or a salt of an optical isomer of ephedrine is not
included in schedule 5 if the drug product meets all of the following
criteria:
   (A) May lawfully be sold over the counter without a prescription
under federal law.
   (B) Is labeled and marketed in a manner consistent with the pertinent
over-the-counter tentative final or final monograph.
   (C) Is manufactured and distributed for legitimate medical use in a
manner that reduces or eliminates the likelihood for abuse.
   (D) Is not marketed, advertised, or labeled for an indication of
stimulation, mental alertness, energy, weight loss, appetite control, or
muscle enhancement.
   (E) The drug product is 1 of the following:
     (I) A solid dosage form, including, but not limited to, a soft gelatin
caplet that combines as active ingredients not less than 400 milligrams
of guaifenesin and not more than 25 milligrams of ephedrine per dose
and is packaged in blister packs with not more than 2 tablets or caplets
per blister.
    (II) An anorectal preparation containing not more than 5%
ephedrine.
  (ii) A food product or a dietary supplement containing ephedrine, if
the food product or dietary supplement meets all of the following
criteria:
    (A) Contains, per dosage unit or serving, not more than the lesser of
25 milligrams of ephedrine alkaloids or the maximum amount of
ephedrine alkaloids in applicable regulations adopted by the FDA and
contains no other controlled substance.
    (B) Does not contain hydrochloride or sulfate salts of ephedrine
alkaloids.


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   (C) Is packaged with a prominent label securely affixed to each
package that includes all of the following:
    (I) The amount in milligrams of ephedrine in a serving or dosage
unit.
    (II) The amount of the food product or dietary supplement that
constitutes a serving or dosage unit.
    (III) That the maximum recommended dosage of ephedrine for a
healthy adult human is the lesser of 100 milligrams in a 24-hour period
or the maximum recommended dosage or period of use in applicable
regulations adopted by the FDA.
    (IV) That improper use of the product may be hazardous to an
individual’s health.
(d) Isomers:                                                               x
The definition of the term "isomer" used in 21 CFR 1308.11, schedule
1, is modified to include any optical, positional, or geometric isomer.
The definition of "isomer" used in 21 CFR 1308.12 to 1308.15,
schedules 2 to 5, remains as set forth in 21 CFR 1300.
(e) Marijuana:                                                               x
As that term is defined in section 3 of the Michigan Regulation and
Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953, and
pharmaceutical-grade cannabis, as that term is defined in section 8105
of the code, MCL 333.8105, if it is manufactured, obtained, stored,
dispensed, possessed, grown, or disposed of in compliance with the
code but only for the purpose of treating a debilitating medical
condition, as that term is defined in section 3 of the Michigan Medical
Marihuana Act, 2008 IL 1, MCL 333.26423, and as allowed under the
code.
(f) Salvia divinorum:                                                      x
All parts of the plant presently classified botanically as Salvia
divinorum, whether growing or not; the leaves and seeds of that plant;
an extract from a part of that plant; and every compound, salt,
derivative, mixture, or preparation of that plant or its leaves, seeds, or
extracts.
(g) Salvinorin A                                                           x
(h) Tianeptine sodium:                                                       x
By whatever official, common, usual, chemical, or brand name
designated.

 History: 1979 AC; 1982 AACS; 1985 AACS; 1986 AACS; 1988 AACS; 1995 AACS; 2022 AACS;
2024 MR 10, Eff. May 28, 2024.

Instrument

Definitions -- 'Industrial hemp' (subsection (f)), 'Marihuana' (subsections (h)-(i)), and 'THC' (subsection (aa))

Source

https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Initiated-Law-1-of-2018.pdf

Retrieved

2026-07-02

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333.27953 Definitions.

Sec. 3.

As used in this act:

(f) “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 section 8(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.

(h) "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.

(D) Marihuana concentrate.

(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 section 8(1)(n).

(i) Except for marihuana concentrate extracted from any of 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 drug for which an application filed in accordance with 21 USC 355 is approved by the Food and Drug Administration.

(aa) “THC” means any of the following:

(i) Tetrahydrocannabinolic acid.

(ii) Unless excluded by the cannabis regulatory agency under section 8(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).