Terms Used In Michigan Laws 431.331

  • Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 431.302
  • Drug: means any of the following:
  (i) A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals. See Michigan Laws 431.302
  • Foreign substance: means a substance, or its metabolites, that does not exist naturally in an untreated horse or, if natural to an untreated horse, exists at an unnaturally high physiological concentration as a result of having been administered to the horse. See Michigan Laws 431.302
  • Person: means an individual, firm, partnership, corporation, association, or other legal entity. See Michigan Laws 431.302
  • racing commissioner: means the executive director of the Michigan gaming control board appointed under section 4 of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 431.302
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Veterinarian: means an individual licensed to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 431.302
  •   (1) Except as provided in subsection (3), a person who does any of the following, or who aids or abets another in doing any of the following, is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or by imprisonment for not more than 1 year, or both:
      (a) Introduces an object or foreign substance into the nostrils or windpipe of a horse that is entered or intended to be entered in a race or workout at a licensed race meeting in this state for the purpose of affecting the racing condition or performance of the horse in a race or workout, without authorization of the racing commissioner.
      (b) Has in his or her possession within the confines of a racetrack, stable, shed, building, or grounds of a licensed race meeting, or within the confines of an off-track stable, shed, building, or grounds where horses are kept that are eligible to race over the racetrack of the holder of a race meeting license, any drug not authorized by the racing commissioner for use at those locations, or a battery or buzzer, electrical or mechanical, or syringe, hypodermic needle, or other appliance device, other than the ordinary whip, that may or can be used for the purpose of affecting a horse’s racing condition or performance in a race or workout at a licensed race meeting in this state.
      (c) Has in his or her possession within the confines of a racetrack, stable, shed, building, or grounds of a licensed race meeting or within the confines of an off-track stable, shed, building, or grounds where horses are kept that are eligible to race over the racetrack of the holder of a race meeting license a controlled substance or a hypodermic needle or other instrument that can be used to administer a controlled substance, unless the controlled substance was obtained directly from or pursuant to a prescription from a licensed physician and the person notifies the racing commissioner or racing commissioner’s designee that the person possesses the controlled substance or instrument.
      (2) In addition to the penalties prescribed in subsection (1), the racing commissioner shall suspend the license of a person who is a licensee under this act and who does any of the acts described in subsection (1) for a period of not less than 5 years after the person is convicted.
      (3) Subsections (1) and (2) do not prohibit the possession and use of drugs, foreign substances, controlled substances, hypodermic needles and syringes, nasogastric tubes, endotracheal tubes, endoscopes, or other instruments or equipment by a veterinarian within the confines of a racetrack, stable, shed, building, or grounds of a licensed race meeting or within the confines of an off-track stable, shed, building, or grounds where horses are kept that are eligible to race over the racetrack of the holder of a race meeting license, if the drugs and equipment are recognized and accepted in veterinary medicine for use in the care and treatment of horses and are possessed and used by the veterinarian in accordance with accepted standards of veterinary practice in this state and applicable state and federal laws and not in violation of other provisions of this act.