Possession of Drug Charges and Penalties

Best Chance Outcome for Possession of Drug Offense – Hire an Experienced Drug Crimes Defense Attorney Immediately

Michigan Criminal Defense Attorneys - Group

Although Possession of Some Drugs Constitutes a Felony, a Talented Defense Lawyer Might be Able to Get Charges Dismissed

Police and prosecutors routinely charge people with offenses for possession of drugs in the State of Michigan. Most judges fail to understand the value of rehabilitation and focus too heavily on punishment. Because of the aggressive way possession offenses are handled in the courts, hiring a reputable, experienced drug crime defense attorney should be paramount. Frankly, you can’t afford not to hire an experienced criminal defense attorney for these types of charges because the consequences of a conviction can impact every part of your life.

Misdemeanor and felony drug charges can have severe consequences, including jail, loss of your driver’s license, years of probation, loss of your firearms rights, and steep fines. Your freedom is at risk, and you should have a highly skilled drug crime attorney to protect and defend you as you face these charges. With the understanding that this may be one of the most frightening and stress-inducing periods of your life, the attorneys at LEWIS & DICKSTEIN P.L.L.C. work closely with each client to defend their liberty and fight for dismissals, lesser charges, and lenient, nonpunitive sentences.

Consequences for Drug Possession Offense Charges

Drug possession charges are taken seriously in Michigan. The severity of your punishment may depend on the type of drug and its weight. Michigan law separates drugs into five different schedules based on how addictive the drugs are and the government’s view of each chemical’s medicinal purposes. Schedule I substances are the most addictive and purportedly have little to no legitimate medical purpose, and Schedule V substances are the least addictive and have some medical purpose. Despite the proven health benefits, marijuana remains a Schedule I drug.

  • Schedule I: Heroin, LSD, Ecstasy, GHB (date rape drug), hallucinogenic mushrooms
  • Schedule II: Cocaine, opium, morphine, hydrocodone, oxycodone, methadone, and methamphetamine
  • Schedule III: Ketamine (anabolic steroids, morphine, hydrocodone with aspirin or acetaminophen)
  • Schedule IV: Valium, Rohypnol, and Xanax
  • Schedule V: cold medicine with ephedrine, cough syrups with coding
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Possession of Drugs Penalties

If you have in your possession drugs from Michigan’s Schedule I or II controlled substances, you may be subject to the following:

  • Between 25 and 50 grams (felony): Up to four (4) years in prison and up to $25,000 in fines.
  • Between 50 and 450 grams (felony): Up to 20 years in prison and up to $250,000 in fines.
  • Between 450 and 1000 grams (felony): Up to 30 years in prison and up to $500,000 in fines.
  • Over 1,000 grams (felony): Life imprisonment and up to $1,000,000 in fines.

Additionally, depending on the circumstances, possession of ecstasy or methamphetamines, in any amount, can result in jail time of up to 10 years and up to $15,000 in fines. Possessing drugs or controlled substances in any form in a public or private park could put you behind bars for up to two (2) years. Additional prohibited locations, such as schools, churches, or businesses, could also result in enhanced sentences.

How do the defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. defend against drug possession charges?

The skilled and experienced defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. utilize various strategies to defend clients against possession of drug charges. Firstly, they may challenge the legality of the search and seizure that led to the discovery of the drugs. If law enforcement did not follow proper procedures or had no probable cause for a search, our lawyers will fight to have the evidence deemed inadmissible in court. Another common approach is to question the actual possession: Was the client in actual possession of the drugs, or were they merely in close proximity? It’s crucial to distinguish between actual possession and constructive possession.

Furthermore, the defense may challenge the chain of custody of the drug evidence, ensuring that there was no mishandling or tampering from the point of seizure of the controlled substance to its presentation in court. They can also seek to undermine the credibility of witnesses or informants who claim the defendant had possession. In some cases, the defense might argue that the defendant had a valid prescription or lacked knowledge that the drugs were in their possession. Beyond these specific defenses, our Defense Team will examine every facet of the prosecution’s case, looking for inconsistencies or weak points that can be used to create reasonable doubt or increase the bargaining power of the defense.
Michigan Criminal Defense Attorney

Attorney for Possession of Drug Offense

Call us today if you are facing possession of drug charges for any illicit narcotic. The attorneys at LEWIS & DICKSTEIN P.L.L.C. have successfully defended clients charged with possession of all types of drugs and controlled substances for decades. Regardless of the details of your case, we stand ready and able to represent you in a court of law and do whatever it takes to protect you and your rights.

Facing a possession of drugs charge is frightening and potentially life-altering. Our legal team frequently wins dismissals and obtains minimal sentences on behalf of our clients. Our attorneys, defending against possession of drugs offenses, work tirelessly to defend and protect our clients and are not afraid to win!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you and, most importantly,
we are not afraid to win!

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