Michigan Drug Schedules
Michigan divides controlled substances into five different schedules from most dangerous, which have a high probability of abuse and addiction and no recognized medical value (Schedule I) to least. Schedules 2, 3, 4, and 5 decrease in dangerousness and probability of abuse and increase in recognized medical uses. Some examples of controlled substances included in each schedule include:
- Schedule 1: heroin, LSD, peyote, ecstasy, BZP
- Schedule 2: morphine, codeine, oxycodone, cocaine, fentanyl
- Schedule 3: benzphetamine, barbituric acids, ketamine
- Schedule 4: lorazepam, diazepam, phenobarbital
- Schedule 5: codeine mixed with non-narcotics (such as cough syrups or cold medicines)
The above classes are used to determine the applicable penalties for illegally possessing or selling specific controlled substances, as they pose different levels of danger to individuals and society. Depending on the substance an offender is charged with possessing or selling as classified in one of the schedules, the defendant could face varying jail time, fines, and other enhanced sentencing.
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Penalties and Sentencing
Possession
Possession of Schedule 1 or 2 narcotic substances (such as heroin or morphine) and cocaine vary in penalties according to the amount:
- 1,000 grams or more –up to life in prison and/or a fine up to $1,000,000
- 450 to 1,000 grams – up to 30 years in prison and/or a fine up to $500,000
- 50 to 450 grams – up to 20 years in prison and/or a fine up to $250,000
- Less than 50 grams – up to 4 years in prison and/or a fine up to $25,000 fine
Penalties for illegal possession of ecstasy or methamphetamine include up to 10 years in prison and/or a fine of up to $15,000. Illegally possessing any other Schedule 1, 2, 3, or 4 controlled substance not otherwise listed above (and excluding marijuana) can result in up to 2 years in jail and/or a fine of up to $2,000. The possession of LSD, peyote, psilocyn (psychedelic mushrooms), and Schedule 5 substances is a misdemeanor punishable by up to 1 year in jail and/or $2,000 in fines.
Delivery
The penalties for delivery rather than mere possession of a controlled substance is much harsher. The delivery of Schedule 1 or 2 narcotic substances (heroin or morphine) and cocaine could result in the following sentencing:
- 1,000 grams or more – up to life in prison and/or a fine up to $1,000,000
- 450 to 1,000 grams – up to 30 years in prison and/or a fine up to $500,000
- 50 to 450 grams – up to 20 years in prison and/or a fine up to $250,000
- Less than 50 grams – up to 20 years in prison and/or a fine up to $25,000 fine
Penalties for illegal sale of ecstasy or methamphetamine include up to 20 years in prison and/or a fine of up to $25,000. Illegally selling any other schedule 1, 2, or 3 substance not otherwise listed above (excluding marijuana) can lead to up to 7 years in jail and/or a fine of up to $10,000. The illegal sale of a Schedule 4 substance carries up to 4 years in prison and/or a fine up to $2,000, and the penalties for illegal sale of Schedule 5 substances include up to 2 years in prison and/or a fine of up to $2,000.
Enhanced Penalties
Michigan also imposes additional enhanced penalties for special circumstances, such as repeat offenses, crimes committed near schools, parks, or libraries, and involving a minor. A repeat controlled substance offense carries a possible sentence of twice that of the underlying offense. Further, if the offense was committed on or within 1,000 feet of school property or a library, the offender faces a mandatory 5-year prison term up to twice the prison term authorized above. An additional 2 years can be added to the sentence for possessing a controlled substance or selling it to a minor in or within 1,000 feet of a public or private park. If such activity occurs within 1,000 feet of school property or a library, they could face a mandatory 2-year prison sentence up to:
- three times that of the underlying offense for a delivery crime, or
- two times that of the underlying offense for a crime involving possession with or without intent to deliver.
Also note that penalties can double when an adult (18 years or older) delivers a controlled substance to a minor who’s at least 3 years younger than the seller. A mandatory 1-year prison sentence applies when the drug is a Schedule 1 or 2 narcotic or cocaine.
Seek Legal Representation Today
If you have been charged with a drug-related offense in Michigan, your sentence will depend heavily upon the amount and type of drug involved, as well as whether you may incur enhanced penalties for repeat offenses. Speak with an experienced lawyer today if you are facing drug possession or delivery charges. Our team at White Law PLLC can evaluate the circumstances of your case and help you craft a strong defense against your charges.
Contact us at White Law PLLC to schedule a consultation to discuss your case today!
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