Marijuana Possession


Marijuana possession offenses in Michigan are very common. However, that doesn’t mean they are easy to deal with or result only in a slap on the wrist. Michigan marijuana laws are serious and require that you have someone to help make sense of them. Call today to discuss your marijuana case with an experienced attorney. Your charge and sentence largely depends on how much marijuana you had on you at the time of arrest. If an officer (and later prosecutor) thinks you have enough that you may have been planning to selling it, you will face harsher penalties. However, if it appears that you just had enough for personal use, you may only be facing a possession charge.

Possession of Marijuana - Penalties

If you are charged with possession of marijuana you could receive a potential sentence of up to one year in jail and fines of $2,000. If this is your first offense, we may be able to have your charges conditionally discharged. For many people, that is a good legal outcome if we can negotiate that from the prosecution. See: Marijuana drug laws: MCL 333.7403

What does it mean if I’ve been conditionally discharged?

Michigan offers conditional discharge for first time offenders. This simply means that you will be released to probation without a trial. If you successfully complete the probation the charges will be dropped. If you violate the probationary terms, however, you will be brought back to court and face the original potential sentence.

Manufacture, Delivering or Possessing with Intent to Deliver Marijuana

If the circumstances of your crime warrant a charge of manufacturing, delivering or intent to deliver you are facing much harsher penalties than a simple possession charge. You can be charged with intent to distribute for almost any amount of marijuana. However, if you are caught with larger quantities, the potential penalties and sentences are much higher.

If you were caught with: More than 45 kilograms or more than 200 plants More than 5 kilograms but less than 45, or more than 20 plants but less than 200 Less than 5 kilograms or less than 20 plants Then you will face:

  • Up to 15 years in prison and $10 million in fines.
  • Up to 7 years in prison and $500,000 in fines.
  • Up to 4 years in prison and $20,000 in fines

See Intent to Distribute Marijuana laws: MCL 333.7401

Driving Under the Influence of Marijuana

Michigan is a zero tolerance state when it comes to being under the influence of drugs while operating a vehicle. If an officer has reason to believe that you have smoked or ingested any amount of marijuana, you can be charged with OWI. This is even true if you no longer feel under the influence. Marijuana is a hot button issue in Michigan right now. Despite the number of people who engage in marijuana usage, it is still a crime and treated as such. Keep in mind that law enforcement and the court system want to keep it that way and won’t go lightly on a defendant simply because it was “just marijuana”. Because fines in marijuana cases alone can cost you up to ten million dollars. That in itself is reason enough to consult with a skilled marijuana defense attorney assisting you with your case. Whether you are facing 1 or 20 years in prison, you can’t afford to make a mistake when navigating the court system.