Drug crimes or drug-related crimes in Michigan are punished based on state law and federal law. There is a lot of information about drug charges in Michigan that every person should have a fundamental knowledge of.
Here at Haque Legal, our Southfield drug charge lawyers aim to ensure that you always know your rights and obligations to the State. With that, this article is the first of many pieces that would discuss the basics of drug charges in Michigan.
What constitutes a drug charge in Michigan?
A drug charge in Michigan can mean different things. It can be related to possession or use, or sale. The additional charges you might face for the crime committed depend on whether you are guilty of merely using the drugs or possessing drugs for sale.
There are two kinds of drug charges in the general category: the felony drug charges and the misdemeanor drug charges. The difference between a misdemeanor drug charge and a felony drug charge is drastic.
Misdemeanor Drug Charges
Misdemeanor drug charges in Michigan have a straight penalty. It has a maximum jail term of one year or less. The fines are also less than a thousand dollars.
Update: After serving a sentence and the passage of time, the new Clean Slate law in Michigan now allows you to apply to the court to expunge your misdemeanor drug case, precisely the marijuana-related offenses. If you have any questions about this or you want to obtain our services for this purpose, you may send us an email or call us.
Felony Drug Charges
Felony drug charges are more challenging and more complex than misdemeanor charges in Michigan. The penalties are stiff and the prison time varies depending on the circumstances related to the felony charge.
There are different classes of felony drug charges in Michigan. While the general application of a felony drug charge is punished by up to 5 years, the commission of a crime while on drugs is another circumstance that would add to the penalty.
First, let us look at the different classes of felony charges. They are the following, to wit:
- Class A Felony: A Class A Felony carries a penalty of up to life in prison. This would include charges for First-degree murder, Criminal sexual conduct, first-degree Armed robbery.
- Class B Felony: Class B Felony carries a penalty of up to 20 years in prison. Charges include second-degree child abuse, Production of child pornography.
- Class C Felony: Class C Felony carries a penalty of up to 15 years in prison. Charges include Manslaughter and Robbery.
- Class D Felony: A Class D Felony carries a penalty of up to 10 years in prison. Charges include theft over $20,000, embezzlement, and human trafficking.
- Class E Felony: A Class E Felony carries imprisonment of up to 5 years in prison. Charges include carrying a concealed weapon (CCW), home invasion, and first-degree retail fraud.
- Class F Felony: A Class F Felony carries a penalty of up to 4 years in prison. Charges include possession of fewer than 5 kilograms of marijuana and an unauthorized loan and credit application.
- Class G Felony: A Class G Felony carries with it a penalty of up to 2 years in prison. Charges include resisting and obstructing a police officer and domestic assault.
- Class H Felony: The last of the classes of felonies, the Class H felony, carries with it jail time or probation. Charges include stolen state identification to commit a felony and false representation to obtain personal information.
If you have a drug charge that is also wrapped up in a weapons charge, please reach out to our Southfield weapons charge attorneys today.
What are the drug laws in Michigan?
Under MCL 333.7403, drugs in Michigan are classified into five categories.
The Schedule I drugs include marijuana, LSD, MDMA, and Heroin. These substances have a high potential for abuse and are not accepted for any medical use. When you are caught in the possession or use of these drugs, you may be facing a felony charge. In which case, contact your lawyer immediately to help you protect your rights adequately.
The Schedule II drugs include cocaine, opium, morphine, oxycodone, and meth. These substances have a high potential for abuse but have medicinal uses in the medical community. As long as you can prove that your use of the substances is for medicinal uses and comes with a specific treatment coming from a doctor, you should dodge a felony charge for possession or use of these drugs. However, you need to make sure that you follow the proper protocols in protecting your rights. The first step you should do here is to contact your lawyer at the first instance of getting arrested or even invited to the police station.
Schedule III drugs include low-grade morphine, anabolic steroids, ketamine, and codeine mixtures. Schedule III drugs have less potential for abuse, but abuse can lead to physical or psychological dependence.
Schedule IV drugs are Ambien, valium, Xanax, Rohypnol, Zolpidem, Soma, Darvon, etc. These drugs have less potential for abuse and are regularly accepted in the medical community but may lead to abuse or dependence.
Schedule V drugs include cough syrup, Lomotil, Motofen, Lyrica, etc. Schedule V drugs are limited quantities of narcotics that have the potential for abuse.
The drugs classified from Schedules III to V are also very controlled in the market and have the potential for abuse. If you are caught in possession of them for being questioned about your possession or use of all these drugs the best thing that you can do to protect your rights is to contact your lawyer and have them deal with the police or to any person who is trying to inquire about your use of these drugs.
In another article, we will discuss your rights related to a drug arrest. There is more to this series, read more on our website.
Let Haque Legal Help You With Your Drug Charge
Now that you know some facts about the drug law in Michigan, it is time to get down to it. If you require a 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.
We will fight for those who are innocent and defend the charges to the end.
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.
Call Haque Legal immediately for drug-related charges, including possession or intent to distribute or use prohibited drugs.