Criminal Process

Michigan Criminal Offenses

Michigan Drug Laws

Controlled Substance Laws in Michigan

Michigan has a reputation of being one of the nation’s toughest on drugs. For you, if you are facing drug charges here, this means you may have to deal with some tough consequences. An experienced attorney has dealt with cases like yours before and can help you in this time of need. Call today to discuss the drug charges you are facing.

Like most states, Michigan organizes their controlled substances into schedules to help with prosecuting and sentencing. The potential for prison time depends on the controlled substance you are caught with and how much of the substance there was.

Schedule I Substances MCL 333.7211, 7212

Schedule I drugs include those that have a high potential for abuse and serve no legitimate medical purpose. The following substances are some of those included under the schedule I heading:

  • Ecstasy
  • LSD
  • Peyote
  • Hallucinogenic Mushrooms
  • GHB (date rape drug)
  • Marijuana

Schedule II Substances MCL 333.7213, 7214

These drugs are substances that have a high potential for abuse and addiction but have an approved medical use in the United States. These drugs, when used for medical reasons, are extremely regulated due to their addictive natures.

  • Opium
  • Morphine
  • Hydrocodone
  • Oxycodone
  • Methadone
  • Methamphetamines

Schedule III Substances MCL 333.7215, 7216

Scheduled III drugs have a lower risk of dependency than those included in schedules I and II. However, the risk is still considered moderate. These drugs also have accepted medical uses.

  • Ketamine (anabolic steroids)
  • Morphine (lower potency)
  • Hydrocodone with aspirin or acetaminophen

Schedule IV Substances MCL 333.7217, 7218

These drugs have a low risk of abuse and limited addictive tendencies.

  • Valium
  • Rohypnol
  • Xanax

Schedule V Substances MCL 333.7219, 7220

Substances in this category have a very low risk of abuse, but the potential still exists. Many of these substances can be obtained over the counter.

  • Cold medicine with ephedrine
  • Cough syrups with Codeine

Possession of Controlled Substance MCL 333.7403

If you are found in possession of:

Schedule I or II substances

  • > 1,000 grams (felony)
  • Between 450- 1,000 grams (felony)
  • Between 50- 450 grams (felony)
  • Between 25-50 grams (felony)

Ecstacy or methamphetamines

  • Any amount

Marijuana

  • Any amount
 Then you may face:

  • Life in prison and fines up to one million dollars.
  • Up to 30 years in prison and $500,000 in fines.
  • Up to 20 years in prison and $250,000 in fines.
  • Up to 4 years in prison and $25,000 in fines
  • Up to10 years in prison and $15,000 in fines
  • Up to 1 year in prison and $2,000 in fines

***Keep in mind that the above only refers to possession charges. Depending on the amount of controlled substance you have and your intentions, you can also be charged with delivering, or possession with intent to deliver.***

If you are caught in a public park possessing any amount of any controlled substance you can face up to 2 years in prison.

First Offense

If you have never been convicted of similar charges before a judge will likely suspend your sentence for a term of probation. However, if you violate the terms of probation your sentence will be immediately activated.

Mandatory Life Sentence MCL 333.7413

A much debated drug law in Michigan is the mandatory life sentence for certain repeat offenders. This law is an example of the harsh drug laws in the state of Michigan.

If you are convicted for a second or subsequent offense of possessing or distributing a Schedule I or II drug where the amount is greater than 50 grams you will be sentenced to life in prison.

This sentence is mandatory. If you are sentenced under this law you will not be eligible for probation, parole, or any other sentence reduction or early release.