Drug offenses in Michigan can carry severe penalties. Depending on the crime, offenders face fines, prison, or jail time. If you or a loved one are facing drug-related charges in Michigan, then you are at risk of having your freedom, reputation, and future opportunities negatively impacted. It is important to understand the strict laws and penalties Michigan has for drug crimes.
Through this article, you’ll explore the commonly asked questions pertaining to the consequences of Michigan’s drug charge. The Michigan criminal defense lawyers at White Law PLLC are dedicated to informing the accused of their rights and protecting their freedom. Learn about the various offenses, their penalties, and the potential consequences that may be filed against you.
What Qualifies as a Drug Crime in Michigan?
Drug offenses in Michigan include a variety of offenses involving restricted substances as specified by state and federal statutes. These crimes can involve the production, possession, distribution, or trafficking of illegal drugs, prescription pharmaceuticals, and other drugs. Common instances of drug-related crimes in Michigan include:
Possession
A common drug crime is illegally possessing a controlled substance. Consciously possessing a restricted substance without a valid prescription or other legal authorization is involved. Depending on the kind and quantity of drugs used, the severity of the infraction can change.
Possession With Intent to Deliver
This crime is committed when someone has a controlled substance in their possession with the intent to give it away, sell it, or deliver it to someone else. The quantity of medicines, packaging materials, and additional evidence might all be taken into account when evaluating the intent to deliver.
Manufacturing or Cultivation
The production or cultivation of illegal narcotics is referred to as manufacturing or growing controlled substances. This can entail carrying out operations like running a methamphetamine lab, making synthetic drugs, or growing marijuana without the necessary permits.
Drug Trafficking
The illicit distribution, importation, or transportation of restricted substances is referred to as drug trafficking. It usually refers to the sale or transportation of narcotics in large quantities or across state lines. The type and quantity of the offense determine how serious it is.
Prescription Fraud
This is the illicit acquisition of prescription drugs through the use of fraudulent or altered prescriptions, doctor shopping (obtaining several prescriptions from various healthcare providers), or other illegal means.
Drug Paraphernalia
According to Michigan law, it is a separate offense to possess, sell, or manufacture drug paraphernalia, such as pipes, syringes, or other objects used for drug use or distribution.
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What Is the Penalty for Marijuana in Michigan?
Although legalized in some capacity, Michigan’s penalty for marijuana possession is a fine of $2,000 and a prison sentence of up to one year. For marijuana distribution, five kilos or less carries a maximum four-year prison sentence and a $20,000 fine. If you distribute more than five kilograms, the severity of these fees rises.
Is Possession or Distribution of Adderall a Punishable Offense in Michigan?
Yes, Adderall is regarded as a prescription medicine that belongs to category II. A prescription is required to legally purchase Adderall. Without a prescription, possession of Adderall carries a maximum two-year prison sentence and a $2,000 fine in Michigan.
Without a license, administering Adderall is a felony, and depending on how much is in possession, there may be fines and jail time. For instance, less than 50 grams is punishable by up to 20 years in prison, a $25,000 fine, or both.
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What Is the Punishment for a Prescription Drug Crime in Michigan?
When it comes to possession of prescription medicines, Michigan’s punishments vary according to the substance’s type and quantity in possession. Possession of up to 25 grams of a Schedule I or Schedule II substance carries a maximum prison sentence of four years and a maximum fine of $25,000. However, in Michigan, the sale of a controlled narcotic carries a maximum sentence of 40 years in prison and a maximum fine of $250,000.
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How Much Trouble Can You Get Into for Possessing or Selling Cocaine in Michigan?
Since cocaine is a Schedule II substance, anyone found in Michigan with it faces felony charges. Possession of less than 50 grams can result in prison time of up to four years and penalties of up to $25,000. Significantly harsher penalties apply to larger quantities.
However, cocaine distribution is a class II substance, and it is illegal in Michigan to possess it with the purpose of reselling it. For under 50 grams of possession, the maximum penalty for possession with intent to sell is 20 years in prison and/or a fine of up to $25,000. The penalties escalate significantly as the amount in possession increases.
What Is the Charge for Methamphetamine Possession or Distribution in Michigan?
Regardless of the quantity, it is a criminal offense. Possession of meth carries a maximum ten-year prison term in Michigan, as well as a maximum $15,000 fine. In Michigan, distributing meth is an extremely serious felony. In Michigan, the penalty for the drug possession of meth with the intent to distribute carries a maximum 20-year prison term, a $25,000 fine, or both.
Will Michigan Reduce My Drug Crime Penalty?
There are certain approaches that you can take that may reduce Michigan’s drug crime penalties against you. Possible strategies include:
- Legal representation: It is essential to speak with a skilled criminal defense lawyer with experience handling drug-related offenses. They will be well knowledgeable about the relevant legislation, sentencing standards, and potential defenses. A knowledgeable attorney can evaluate the prosecution’s case’s advantages and disadvantages and craft a clever defense plan to try to have the charges reduced.
- Plea bargaining: Talking with the prosecution about a plea deal can be a good way to get the charges reduced. This could also entail accepting certain conditions, including taking part in a drug rehabilitation program or helping the police. A lawyer can assist you with the plea negotiation procedure and fight for a good outcome.
- Pre-trial motions: Your counsel may submit pre-trial motions to contest the validity of search warrants, evidence, or the methods used to gather the evidence. If these motions are successful, evidence may be excluded, weakening the prosecution’s case and possibly reducing charges or punishments.
- Treatment for substance addiction: Requesting a reduction in penalties may be made easier by voluntarily enrolling in a reputable drug treatment program and demonstrating a commitment to addressing substance addiction concerns. This strategy may persuade the judge of your willingness to address the root causes of the drug violation.
- Demonstrate lessened culpability: Presenting mitigating circumstances might also be helpful in requesting a reduction in fines, such as lack of prior criminal history, involvement in the community, employment stability, or indications of regret and rehabilitation efforts. These factors can be properly identified and put forth to the court by your attorney.
- Sentencing advocacy: During the sentencing phase, your lawyer can make a persuasive case for fewer punishments by highlighting elements like your unique situation, your services to society, or the absence of aggressive or risky behavior. Effective legal representation can persuade the court to use more lenient sentence guidelines.
Every case is different, and the tactics for lowering drug criminal punishments will depend on the particulars of your circumstance. Contact an experienced criminal defense lawyer to create a strategy that supports your objectives and increases the likelihood of a successful result.
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