Possession of Drugs can Be a Felony or Misdemeanor
In the State of Michigan, it is illegal to possess marijuana, cocaine, heroin, ecstasy, LSD, and prescription drugs without a valid prescription.
Are you facing drug charges in Michigan? Don’t lose hope. We can help you!
If you have been charged with drug possession and are unsure of what your next steps should be, do not delay in contacting LEWIS & DICKSTEIN, P.L.L.C. You do not have to face drug charges alone.
As one of the state’s most experienced and aggressive law firms, we fight charges alongside our clients, and we have successfully represented thousands of clients in the state who have been in your situation. Why is it essential to quickly hire a reputable and experienced drug crime lawyer? You are not guilty until proven guilty. You have a small window of time to enlist a top legal team and fight for your innocence so that a conviction does not follow you around for the rest of your life. Even if the evidence against you is convincing, there are often ways to avoid a potential life-altering conviction.
How serious is my drug possession charge?
Make no mistake – Michigan has strict punishments for individuals charged with drug possession, possession with intent to sell, unlawful possession of prescription drugs, and other drug charges. Any drug possession charge should be considered serious. Even a misdemeanor carries up to 1 year in jail and up to 2 years of probation. A felony carries possible prison time and up to 5 years probation. Any drug conviction results in a loss of your driver’s license.
Unlike other states, Michigan has not decriminalized marijuana possession, which means that you will be charged with a crime, regardless of how much you had in your possession at the time of your arrest. While most first-time offenders receive probation, it’s essential to know that many factors are considered before sentencing, including the type of drug in possession, the amount, the intended use, and prior drug and criminal history. Given that Michigan is particularly tough on drug crimes, including possession of narcotics, there are no guarantees. Suppose you are a medical marijuana patient, and you are charged with a drug offense. In that case, your case needs the attention of an attorney with extensive experience handling cases related to the Michigan Medical Marijuana Act.
Can my drug possession charge be dismissed?
It is possible to get drug possession charges dismissed under certain circumstances. If the police violated the defendant’s rights, a top defense lawyer could file a compelling Motion to Suppress Evidence. If the drugs were planted or were not actually possessed, the prosecutor might consider an outright dismissal. For someone without a severe criminal record, a lawyer can attempt to persuade the judge to take a drug possession charge under advisement and then later dismiss it at the conclusion of probation. There are many ways drug possession charges can be dismissed.
Drug Possession Charges and Penalties in Michigan
Under Michigan law, drug possession and distribution charges vary widely based on the type of drug, the amount involved, and the defendant’s prior criminal history. Here are some examples of these charges and their potential penalties:
Drug Possession Charges
Marijuana Possession: Since the legalization of marijuana for recreational use in Michigan, adults 21 and older can possess up to 2.5 ounces of marijuana. However, possession of more than the legal amount can lead to charges, with penalties ranging from fines to jail time, depending on the quantity.
Controlled Substances (e.g., Cocaine, Heroin, Methamphetamine): The penalties for possession of these substances can be severe. For example, possession of less than 25 grams of a Schedule 1 or 2 controlled substance can result in up to four (4) years in prison and/or fines up to $25,000.
Drug Distribution Charges
Marijuana Distribution: Distributing marijuana without proper licensing can lead to serious charges, especially if the amount exceeds the legal limits for personal possession. Penalties can include significant fines and imprisonment.
Controlled Substances Distribution: The penalties for distributing controlled substances like cocaine, heroin, or methamphetamine are much harsher than possession charges. For instance, distributing less than 50 grams of these substances can result in up to 20 years in prison and/or fines up to $25,000. The penalties escalate with the amount of the drug involved in the distribution.
Michigan law also provides for enhanced penalties in certain circumstances, such as selling drugs near schools or to minors, which can lead to longer prison sentences and higher fines. Additionally, individuals with prior drug convictions may face more severe penalties under Michigan’s habitual offender statutes.
It’s important to note that drug laws and penalties are subject to change, and recent legislative efforts aim to reform aspects of drug policy, including reducing penalties for certain offenses and expanding opportunities for expungement. Given the complexity of drug laws in Michigan, individuals facing drug possession or distribution charges should seek highly experienced and effective legal counsel to navigate the legal system and advocate for their rights.
Why do I need an aggressive, experienced, and successful attorney?
It would be best if you were represented by an experienced attorney for a few key reasons. One reason is that seasoned attorneys, including the attorneys with LEWIS & DICKSTEIN P.L.L.C., are experienced enough to know how to pursue a dismissal or plea under advisement when appropriate and help clients avoid needless jail, lengthy probation, and onerous terms and conditions of probation. An inexperienced attorney or one not specialized in criminal defense, does not stand a chance of getting the same result. An experienced criminal defense attorney knows when to argue lack of intent, reasonable doubt, or when to push for a lesser charge in a situation where the client is categorically guilty.
Call us for a free consultation if you are charged with a drug possession offense or any drug-related charge. We will take the time to talk with you, answer your questions, and address your concerns. Together, we will find a winning strategy to help you.
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.