Michigan Drug Possession Lawyer

Michigan Drug Possession Laws

Michigan divides controlled substances into five schedules. Schedule 1 and 2 drugs like heroin and methamphetamine are considered the most dangerous and highly-regulated. Possessing even less than 25 grams of certain Schedule 1 or 2 narcotics is a felony, punishable by up to four years in prison and fines up to $25,000 under MCL 333.7403. Possession of 50-450 grams of those same substances can result in up to 20 years in prison and a $250,000 fine.

Prescription medication can also bring felony charges if you don’t have a valid prescription. First-time offenders, in some instances, can apply to diversion programs that do not place a conviction on their record, provided they strictly comply with court orders and successfully complete any court-ordered programming.

State Versus Federal Prosecution

The same small amount of a controlled substance that could result in probation if your case is heard in a Michigan state court could also expose you to severe federal penalties if certain elements are present. Since drugs are regulated at both the state and federal level, the decision of whether to bring a case into federal court often has to do with whether federal agencies were involved in the investigation, whether the person has a prior criminal history, and the type and quantity of drugs involved. Drug possession cases can originate in state court, then federal prosecutors can take over, or vice versa. Federal penalties are generally far more severe, with sentences determined by the United States Sentencing Guidelines.

In Michigan state courts, charges for drug offenses can also be severe, especially for people with prior drug convictions. Often, plea agreements involve trying to get habitual offender notices and prior drug enhancements dismissed, which will significantly reduce the guidelines in Michigan state cases.

A conviction in either the state or federal system can have serious long-term consequences. A criminal conviction results in fines or imprisonment and can damage your chances of obtaining employment or housing, reduce eligibility for student financial aid, restrict international travel options, and jeopardize immigration status for non-citizens.

Drug Possession Trends

Over the years, prosecutions related to marijuana and crack cocaine cases have declined, while prosecutions related to synthetic opioids and methamphetamines have increased.