5.8Rendering a Drug or Medicine Injurious to Health or Selling an Adulterated Drug or Medicine
“(1) . . . [A] person who knowingly or recklessly commits any of the following actions is guilty of a felony . . . :
(a) Adulterates, misbrands, removes, or substitutes a drug or medicine so as to render that drug or medicine injurious to health.
(b) Sells, offers for sale, possesses for sale, causes to be sold, or manufactures for sale a drug or medicine that has been adulterated, misbranded, removed, or substituted so as to render it injurious to health.” MCL 750.16(1).
MCL 750.16 “does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.” MCL 750.16(7).
Violation of MCL 750.16 is a felony punishable by:
•imprisonment for not more than two years; or
•a fine of not more than $1,000; or
•both. MCL 750.16(1).
Violation of MCL 750.16 that results in personal injury is a felony punishable by:
•imprisonment for not more than four years; or
•a fine of not more than $4,000; or
•both. MCL 750.16(2).
Violation of MCL 750.16 that results in serious impairment of a body function is a felony punishable by:
•imprisonment for not more than five years; or
•a fine of not more than $5,000; or
•both. MCL 750.16(3).
Violation of MCL 750.16 that results in death is a felony punishable by:
•imprisonment for not more than 15 years; or
•a fine of not more than $20,000; or
•both. MCL 750.16(4).
Except as provided in MCL 769.25 and MCL 769.25a,131 “a person who commits a violation of subsection (1) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals that results in death is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.” MCL 750.16(5).
131.MCL 769.25 and MCL 769.25a address criminal defendants who were less than 18 years of age at the time the offense was committed and provide specific procedures and limitations on the ability to sentence a juvenile to life imprisonment without the possibility of parole. Further, in the context of sentencing following a first-degree murder conviction, the Court held that “all protections afforded by MCL 769.25 fully apply to 18-year-old defendants.” People v Parks, 510 Mich 225, 267 (2022). The Parks opinion does not directly address LWOP sentences for other offenses. Additionally, “application of a mandatory sentence of LWOP under MCL 750.316 to [defendants who were 19 or 20 years old at the time of the offense] constitutes unconstitutionally harsh and disproportionate punishment and thus ‘cruel’ punishment in violation of Const 1963, art 1, §16.” People v Taylor, ___ Mich ___, ___ (2025), rev’g People v Czarnecki (On Remand, On Reconsideration), ___ Mich App ___ (2023) (further holding that the decision in Taylor “also applies retroactively to all relevant criminal cases on collateral review”). See Section 6.6(B).