Drug Possession charge in Michigan: What you need to know.

All states regulate and control the possession and sale (or delivery) of controlled substances, though each differs in its exact definition of controlled substances and the applicable penalties.

Michigan laws regarding Drug Possession.

Michigan divides controlled substances into five “schedules.” Schedule 1 lists the most dangerous drugs, which have a high probability of abuse and addiction and no recognized medical value. Schedules 2, 3, 4, and 5 decrease in dangerousness and probability of abuse and increase in recognized medical uses Examples of controlled substances included in each schedule are listed below.

  • 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 nonnarcotics (such as cough syrups or cold medicines)

These classes are also used to determine the applicable penalties for illegally possessing or selling specific controlled substances (described in the next section). If you’ve been arrested for illegal controlled substances possession or sale, you’ll need to consult the Michigan Code that lists precisely which drugs fit into each
schedule.

MCL 333.7403 is the primary statute in Michigan regarding Possession of Drugs. The penalties are severe and vary according to the amount and type of controlled substances involved:

  • Schedule 1 or 2 Narcotic Substances and Cocaine
    • Penalties for illegal possession of a schedule 1 or 2 narcotic substance (such as heroin or morphine) or cocaine vary according to the amount involved.
      • 1,000 grams or more: penalty of up to life in prison, a fine up to $1,000,000, or both
      • 450 to 1,000 grams: penalty of up to 30 years in prison, a fine up to $500,000, or both
      • 50 to 450 grams: penalty of up to 20 years in prison, a fine up to $250,000, or both
      • Less than 50 grams: penalty of up to 4 years in prison, a fine up to $25,000 fine, or both
  • Ecstasy and Methamphetamine
    • Penalties for illegal possession of Ecstasy or methamphetamine include a fine of up to $15,000, up to 10 years in prison, or both.
  • Other Schedule 1, 2, 3, and 4 Substances
    • Illegally possessing any other schedule 1, 2, 3, or 4 controlled substance not otherwise listed above (and excluding marihuana) can incur a fine of up to $2,000, imprisonment up to two years, or both.
  • LSD, Peyote, Psilocyn (Psychedelic Mushrooms), and Schedule 5 Substances
    • Illegal possession of the following controlled substances is a misdemeanor punishable by not more than one years’ imprisonment, a $2,000 fine, or both: LSD, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a schedule 5 drug.

Consequences of a Drug Possession Fraud conviction.

As stated above, most Drug Possession crimes are felonies. All carry the possibility of jail or prison time. In addition to a felony conviction on your record your  driving license may be suspended. Substance abuse counseling will be required.

What to do if you have been charged with Drug Possession Fraud.

If you are charged with Drug Possession Fraud you should immediately retain competent counsel. Your attorney will review the evidence compiled by the police and determine the admissibility and sufficiency of the evidence being presented. Your attorney can then formulate and recommend a defense strategy.

As a member of Defense Coverage, you will have the opportunity to retain the services of our highly qualified attorneys for $10.00 to defend a misdemeanor or 20.00 to defend a felony Drug Possession fraud charge.