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
Schedule I drugs include those that have a high potential for abuse and serve no legitimate medical purpose. The following substances are some examples of those drugs included under the Schedule I heading:
- Ecstasy (MDMA)
- Hallucinogenic Mushrooms
- GHB (date rape drug)
(List of schedule 1 Controlled Substances under MCL 333.7211, 7212)
Schedule II Substances
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. A few common examples are:
(List of Schedule 2 Substances under MCL 333.7213, 7214)
Schedule III Substances
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. Some common examples in drug possession cases are:
- Ketamine (anabolic steroids)
- Morphine (lower potency)
- Hydrocodone with aspirin or acetaminophen
(Schedule 3 substances under MCL 333.7215, 7216)
Schedule IV Substances
These drugs have a low risk of abuse and limited addictive tendencies. Some of the most common drug possession charges in this category are:
(List of Schedule 4 Substances under MCL 333.7217, 7218)
Schedule V Substances
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, including:
- Cold medicine with ephedrine
- Cough syrups with Codeine
(List of Schedule 5 Substances under MCL 333.7219, 7220)
Michigan Penalties – Possession of a Controlled Substance
If you are found in possession of Schedule I or II controlled substances, you could fact the following penalties:
- More than 1,000 grams (felony) - Life in prison and fines up to one million dollars.
- Between 450- 1,000 grams (felony) - Up to 30 years in prison and $500,000 in fines.
- Between 50- 450 grams (felony) - Up to 20 years in prison and $250,000 in fines.
- Between 25-50 grams (felony) - Up to 4 years in prison and $25,000 in fines
Possession of Ecstacy or Methamphetamines
Under Michigan drug laws, Possession of Ecstasy (MDMA) or Meth in any amount has a penalty of up to10 years in prison and $15,000 in fines.
Possession of Marijuana
(References: Michigan Criminal Laws – MCL 333.7403)
(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.)
Additional Penalties – Park Zone
If you are caught in a public park possessing any amount of any controlled substance you can face up to 2 years in prison.
Michigan Possession Penalties – First Offense
If you have never been convicted of similar drug 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 for Repeat Drug Possession Offenders
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.
(Ref: MCL 333.7413)
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.