How Michigan Charges Drug Offenses
Most Michigan drug crimes are charged under the Public Health Code. Possession is governed by MCL 333.7403, use by MCL 333.7404, and manufacture, delivery, or possession with intent to deliver by MCL 333.7401. The penalty depends on the substance's schedule and the amount involved.
- Possession of a narcotic or cocaine (less than 25 grams): felony punishable by up to 4 years and/or a fine of up to $25,000.
- Use of a narcotic or cocaine: misdemeanor punishable by up to 1 year in jail; use of other controlled substances generally carries lower penalties.
- Delivery or possession with intent to deliver: felony, with penalties that increase with the type and quantity of the substance.
Marijuana
Under the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), adults 21 and older may lawfully possess up to 2.5 ounces of marijuana. Possession above the legal limits, sales without a license, and possession by people under 21 can still lead to civil infractions or criminal charges.
First-Offender Deferral
For many first-time possession or use charges, MCL 333.7411 allows the court to defer proceedings and place the person on probation. If probation is completed successfully, the case is dismissed without a conviction. We evaluate eligibility for this and other diversion options in every case.
Protecting Your Constitutional Rights
Many drug cases begin with a search of a car, home, or phone. We carefully review whether that search was supported by a warrant, valid consent, or a recognized exception. When the evidence was obtained in violation of the Fourth Amendment, we file motions to suppress it. We advocate firmly and professionally, and we work with prosecutors and courts to reach the best possible resolution for each client.