Sanders v. Racing Commissioner

I respectfully dissent. I do not believe that the definition of the term "drug” set forth in § 23 of the amended statute, MCL 431.83(3); MSA 18.966(53)(3), must be read as conflicting with, or having superseded, that previously established by administrative regulation. See McIlmurray v Racing Comm’r, 130 Mich App 271, 280; 343 NW2d 524 (1983), (Bronson, J., dissenting). Thus, as the very learned and experienced trial judge, Hilda Gage, stated:

Dmso is not a "controlled medication” and the rule cannot be read as permitting only the use of the two medications listed. The use of a drug as defined…