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 us today to discuss your marijuana case with an experienced attorney at the Dailey Law Firm.
A Marijuana 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 sell 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.
Use of Marijuana Laws in Michigan
Marijuana use is the least serious marijuana-related criminal charge in Michigan, but it is still a misdemeanor offense. If there is evidence that you smoked, used, or consumed pot/marijuana/weed, you can be charged with marijuana use.
Marijuana use is subject to penalties of up to 90 days in jail and a $1000 fine.
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.
Ref: Marijuana drug laws: MCL 333.7403
Local Marijuana Ordinances
Many cities and municipalities across Michigan have decriminalized possession of small amounts of marijuana under local ordinances. However, under state law it remains a crime. So it can vary widely whether you are charged with a crime, or given a civil violation ticket.
Even in the same town where it’s been decriminalized, if you happen to be stopped by State police, you might get charged with a crime.
We can help you navigate the complexity of these laws, and use them to your advantage in local courts.
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 marijuana 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.
|Marijuana Quantity||Marijuana Penalties|
|More than 45 kilograms or more than 200 plants||Up to 15 years in prison and $10 million in fines.|
|More than 5 kilograms but less than 45, or more than 20 plants but less than 200||Up to 7 years in prison and $500,000 in fines.|
|Less than 5 kilograms or less than 20 plants||Up to 4 years in prison and $20,000 in fines|
Ref: 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 laws and the potential for reform and decriminalization is a hot topic in Michigan right now. Despite the number of people who engage in marijuana usage, it is still a crime and treated as such. 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 serious marijuana cases alone can cost you up to ten million dollars. That in itself is reason enough to consult with an experienced marijuana defense attorney to work on your case.
Whether you are facing 1 or 20 years in prison, or even just a permanent criminal record, you can’t afford to make a mistake with your life and your future. Get a legal consultation today.