In 2017, Michigan was tied for the second-lowest number of criminal drug offenses. The state of Michigan shares this ranking with the state of Utah.
While the state of Michigan might have a loan number of criminal drug offenses, this does not mean that drug possession charges in Michigan are not serious.
If you have been accused of drug possession in Michigan, it’s important to understand the potential consequences of this.
Let’s take a look at everything you need to know about Michigan drug charges.
Controlled Substances Classifications in Michigan
The state of Michigan classifies controlled substances into five different schedules. It is important to note that the classification of controlled substances differs by state and can contradict the classification of the federal government.
The schedule system works with Schedule 1 being considered the most dangerous drugs and the following Schedules decreasing in dangerousness, with Schedule 5 drugs being seen as the least dangerous.
In addition to dangerous Ness, the system is ranking the probability of addiction and abuse for controlled substances. Schedule 1 drugs are seen as having little or no medical value while Schedule 5 drugs have an increased amount of recognized medical use.
Here are some examples of which drugs fall into each schedule classification:
- Schedule 1: LSD, ecstasy, heroin, peyote, BZP
- Schedule 2: codeine, cocaine, fentanyl, oxycodone, morphine
- Schedule 3: ketamine, barbituric acids, benzphetamine
- Schedule 4: diazepam, phenobarbital, lorazepam
- Schedule 5: codeine mixed with nonnarcotics
As there are many different kinds of controlled substances you will need to refer to the specific Michigan Code to determine the classification of various controlled substances.
Penalties For Drug Possession in Michigan
It is illegal to possess controlled substances without a valid prescription. The penalties for possession of a controlled substance will depend on its schedule classification. It will also depend on the type of controlled substance and the amount possessed.
Possession of schedule 1 or schedule 2 narcotic substances can result in penalties that vary depending on the amount of drugs in your possession.
For example, possession of 1000 g or more of cocaine or other Schedule 1 or 2 substances can result in a fine up to $1 million, a prison sentence of up to life, or both. Possession of between 450 and 1000 g can result in a fine of up to $500,000, 30 years in prison, or both. If you are found to be in possession of between 50 and 450 g of these substances you can receive a fine of up to $250,000, a prison sentence of up to 20 years, or both.
Possession of less than 50 grams of the same substances can result in a fine of up to $25,000, up to four years in prison, or both.
If you are found to be illegally possessing methamphetamine or ecstasy, you can be penalized with a fine of up to $15,000, a prison sentence of up to 10 years, or both.
Certain controlled substances carry less severe penalties. If you are found to be in possession of schedule five substances, LSD, peyote, psilocybin, mescaline, psilocin, or dimethyltryptamine, it is considered a misdemeanor. This can result in a penalty of a $2000 fine, a prison sentence of no more than one year, or both.
Enhanced Penalties For Possession or Sale of Drugs in Michigan
In certain circumstances, the penalties for drug possession or sale can be enhanced in the state of Michigan.
Possession or Sale in a Public or Private Park
If an adult possesses certain controlled substances in a public or private park, or if they are selling them within 1000 feet of a park, their sentence can have an additional two years added to it. This is also the case if they are found to be selling these substances to minors.
Delivering to a Minor
If an adult delivers a controlled substance to a minor who is three years younger or more than the seller, penalties can double. If a drug is classified as Schedule 1 or 2 in this instance, there is a mandatory one-year prison sentence.
Possession or Sale on School Property or on Library Property
There is a mandatory two-year prison sentence for selling or possessing a controlled substance at a library, on school property, or within 1000 feet of a school.
Penalties can be more severe with an individual has repeat controlled substance offenses. The sentence can be two times that which you would normally be for a first offense.
This can be even more severe if the offense was committed within 1000 feet of school property or a library or on said property.
Marijuana Laws in Michigan
In 2018, Michigan became the 10th state in the United States to legalize recreational marijuana. In 2008, Michigan had become the 13th state to legalize medical use of cannabis.
The sale of legal cannabis in Michigan officially began on the first of December in 2019. Over 1400 cities and towns in the state of Michigan have opted out of recreational sales.
With the legalization of marijuana in Michigan, adults that are 21 years old or older are allowed to legally possess up to 10 ounces of cannabis in their home and 2.5 ounces of cannabis outside of their home. Adults are not allowed to possess any more than 15 g of cannabis concentrate at any time.
Adults that or at least 21 years of age are also allowed to cultivate up to 12 marijuana plants in their home.
Drug Possession Charges in Michigan: Find a Reputable Lawyer Today!
Drug possession charges in Michigan can come with heavy fines and long prison sentences. This will depend on the type of controlled substance you were found to be in possession of, the amount, and the number of other factors.
If you find yourself in need of a Michigan drug possession lawyer, contact Daily Law Firm, P.C. today for free criminal defense legal consultation.