The possession of a controlled substance in Michigan carries the heaviest fines and long periods of incarceration in the State of Michigan.
Here at Haque Legal, our drug charges lawyers in Southfield also aim to make sure that our clients know how to defend their rights before we come in.
With that, let us look at drug possession charges in Michigan and some facts about the classification of drugs in Michigan.
Penalties for Drug Possession in Michigan
The penalties for drug possession in Michigan depend on many different elements. Just because you possess a controlled substance does not mean that you are already subject to arrest or penalty. The possession of a controlled substance in Michigan is only illegal if it does not come with a valid medical prescription.
Depending on the amount involved and the schedule that the controlled substance is in, you may face fines and prison time if you are charged and convicted for drug possession in Michigan.
Schedule 1 or 2
The penalty of fine and imprisonment is what awaits the person who is charged with drug possession of Schedule 1 and Schedule 2 substances depending on the following amounts:
- If you have been caught with illegal possession of 1,000 grams or more, you may face a penalty of up to life in prison, a fine up to $1,000,000, or both.
- For those who are caught with 450 to 1,000 grams, you may face a penalty of up to 30 years in prison, a fine up to $500,000, or both.
- If you have been caught with 50 to 450 grams, there is a corresponding penalty of up to 20 years in prison, a fine up to $250,000, or both.
- If you have been caught with less than 50 grams, you are facing a penalty of up to 4 years in prison, a fine of up to $25,000 fine, or both.
What if I was caught with marijuana?
Even with the new expungement law marijuana is a controlled substance in the state of Michigan. This means that even if you are now allowed to use cannabis for recreational purposes you must still follow all of the rules set by the state for recreational use of marijuana or cannabis.
What acts will enhance your charge of sale or possession of drugs in Michigan?
Certain acts would enhance the penalties for drug possession in Michigan. The acts would often include the following:
Repeat Offense
Repeat offenders face a possible sentence of up to two times the penalty for the underlying offense. Repeat offenders who also commit the crime on or within 1,000 feet from school property or a library will also likely face a mandatory five-year prison term.
Delivering To A Minor
If you deliver a substance to a minor who is at least three years younger than you you will also have to comply with a penalty of a mandatory one-year prison sentence for drugs that are under scheduled one or scheduled two narcotic or cocaine.
In marijuana offenses, the age is higher. You may not deliver or use recreational marijuana within the vicinity of an individual who is less than 21 years of age.
Parks
Individuals found in drug possession within 1,000 feet of a park will serve an additional penalty of two years. This is whether it is a private or a public park.
Schools
Individuals found to sell or possess a controlled substance within 1,000 feet of school property or a library, may face a mandatory two-year prison sentence.
Let Haque Legal Help You With Your Drug Charge
Now that you know some facts about drug possession in Michigan, it is time to get down to it. If you require a Southfield criminal defense lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you get arrested for possession or intent to distribute or use prohibited drugs, call our attorneys immediately.