Understanding Drug Possession Charges in Flint
The state of Michigan has a reputation for being extremely strict when it comes to drug progression charges. Under both federal and Michigan state law, any individual found guilty of illegal distributing, manufacturing, transporting, cultivating, selling, possessing, or trafficking of controlled substances may face severe fines and incarceration in county jail or state prison.
Like any other criminal defense law, the punishment degree of drug possession crimes varies in severity. Drug possession is segregated into “schedules” to divide certain prosecution and sentences, like in many other states:
- Schedule I Substances MCL 333.7211,7212- While these controlled substances have no purpose for medical treatment, they are considered high-risk abuse drugs. These drugs include ecstasy, peyote, hallucinogenic mushrooms, LSD, marijuana, and GHB (the “date rape drug”).
- Schedule II Substances MCL 333. 7213, 7214- Some drugs, while approved for medicinal use in the United States, are highly restricted due to their extremely addictive tendencies. Courts also keep in mind the likely potential of abuse. These drugs include opium, methadone, morphine, oxycodone, hydrocodone, and methamphetamines.
- Schedule III Substances MCL 333.7215, 7216- Controlled substances within a Schedule III are deemed to have a moderate risk of dependency with accepted medicinal use. These drugs include morphine (lower potency), ketamine (anabolic steroids), and hydrocodone with acetaminophen or aspirin.
- Schedule IV Substances MCL 333. 7217, 7218- Drugs that have limited addiction and low risk of misuse include Xanax, Rohypnol, and Valium.
- Schedule V Substances MCL 333. 7219, 7220- Although the abuse possibility of these controlled substances is very low, the risk is still evident. Some of these over-the-counter (OTC) drugs include cough syrups with codeine and cold medicine with ephedrine.
If you or a loved one is faced with a drug possession conviction, the best course of action is to contact a Flint criminal defense lawyer for legal aid.
Drug Possession Penalties in Michigan
In Michigan, penalties for drug possession vary depending on the type of drug, the amount possessed, and numerous other factors. Here is an overview of the most common drug possession charges and penalties in Michigan:
- Possession of Marijuana – Marijuana has been legal for recreational use in Michigan since December 2019. Before legalization, possession was punishable by up to one year in jail and a $2,000 fine.
- Possession of Prescription Drugs – Penalties vary depending on the drug schedule classification. Possession of up to 25 grams of a Schedule 1 or Schedule 2 prescription drug is punishable by up to 4 years in prison and up to $25,000 in fines.
- Possession of Adderall – Adderall is classified as a Schedule 2 drug in Michigan. If arrested for possession of Adderall without a prescription, you could face up to two years in prison and a fine of up to $20,000.
- Possession of Cocaine – Cocaine is a Schedule II drug and possession is considered a felony in Michigan. Possession of fewer than 50 grams is punishable by up to 4 years in prison and fines of up to $25,000.
- Possession of Ecstasy – Possession of any amount of ecstasy is a felony offense in Michigan, punishable by up to a 10-year prison sentence and/or fines up to $15,000. These penalties increase for larger amounts.
- Possession of Methamphetamine – If you are arrested with any amount of methamphetamine in Michigan, you will be charged with a felony. If convicted, you could face up to 10 years in prison and up to $15,000 in fines.
- Possession of Heroin – Possession of fewer than 50 grams of heroin carries penalties of up to 4 years in prison and $25,000 in fines. Penalties increase for larger amounts.
- Possession of LSD, Peyote, or another Schedule V Drug – Possession of drugs in this category is punishable by up to 1 year in jail and/or $2,000 in fines.
Can You Lose Your License For a Drug Conviction in Michigan?
In Michigan, a conviction for any drug charge carries a mandatory driver’s license suspension. First-time offenders are subject to a mandatory 6-month suspension, which can be converted to a restricted license after 30 days. For second and subsequent convictions within 7 years of the first, there is a 1-year suspension with the possibility to convert to a restricted license after 60 days.
With a restricted license, your driving privileges are generally limited to commuting to and from work, school, and medical appointments if you or your family member has a serious health condition. You must apply for a restricted license with the Secretary of State, who will decide whether or not to grant it and set the conditions under which you may drive.
How Can a Drug Possession Lawyer Help With Drug Charges?
If you have been charged with drug possession or any other crime in Michigan, you should consider speaking with an experienced Michigan criminal defense lawyer. A lawyer can help you understand your legal rights and the charges you face.
Criminal defense lawyers analyze all of the details of a case and help construct a legal defense to the charges. In some cases, they may also negotiate plea agreements with prosecutors if that is your best legal strategy based on the facts of the case.
A criminal defense lawyer can continue to represent you post-conviction through the appeals process. In addition, your lawyer can provide legal guidance on recovering a suspended driver’s license and potentially expunge the charge from your record.
Drug Possession Attorney Serving Genesee County
It is important to contact the right lawyer for your drug possession case to obtain the most positive resolution possible. Not only do you risk facing difficult consequences if convicted, but a lasting mark on your permanent record can affect your chances of gaining various opportunities in the future.
Shaun R. Marks, P.C., wants to help you stand up for your rights. Don’t let a drug possession charge change your future outcome. With a success rate of 94%, our firm is confident that you will be protected.
As well as the Genesee County area, my firm proudly serves Oakland County, Lapeer County, Shiawassee County, and Saginaw County. Drug possession charges should not get in the way of your future. Schedule a Free Drug Possession Defense Consultation from Shaun R. Marks, P.C. today.
