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Being charged with a drug crime in the state of Michigan can be devastating. The negative stigma of being a convicted felon accompanied by the shame and potential loss of income are just a few of the possible consequences.
Many drug crimes also carry long prison terms and heavy fines. The best defense against being caught up in a drug crime is learning how Michigan law treats these offenses and what you can do to protect yourself if you are charged with one.
George Law has put together this drug crime guide to give you the essential information on these crimes and what you can expect if you find yourself on the other side of the law.
Please note, information within this page can serve as a guide and answer general questions; however, it’s not a substitute for professional legal advice. If you’re being charged with a drug related offense, it’s important to consult with an experienced Michigan criminal lawyer.
— Table of Contents —
- Definitions
- Overview
- Michigan Drug Crimes
- Drugged Driving
- Controlled Substance Categories
- Penalties
- Michigan Court Process
- Choosing An Attorney
Definitions
To help readers better understand the context of the article, here are some common terms with brief descriptions found throughout this page.
- Administer – Taking of a drug. This can be done by inhaling, smoking, eating, or through other means.
- Controlled Substance – A drug or other substance that is listed on drug schedules 1–5.
- Counterfeit Substance – A controlled drug or substance, or the container of a controlled substance that is fraudulently labeled.
- Deliver – The transfer of a controlled substance from one person to another. This also includes the attempted transfer.
- Dispense – To lawfully deliver a controlled substance to the user. This can only be done if the drug was lawfully prescribed or ordered by a medical practitioner.
- Distribute – To transfer a controlled substance from one person to another by a means other than administering or dispensing.
- Drug – A substance, other than food, intended to affect the structure or any function of the body of human beings or animals.
- Manufacture – The making, preparation, conversion, or processing of a controlled substance. This can include the packaging or repackaging of the substance or labeling or labelling of its container.
- Marihuana (Marijuana) – All parts of the plant Cannabis sativa. This includes the seeds and resin that has been extracted from any part of the plant.
- Minor – A person under the age of 18; penalties for juveniles and minors convicted of drug crimes differ as opposed to adult offenders.
- Narcotic drug – Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. This also includes any substance that is chemically equivalent or similar.
- Production – The manufacturing, planting, cultivation, growing, or harvesting of a controlled substance.
- Paraphernalia – Any equipment, product, or material that is designed for use in growing, manufacturing, processing, packaging, or consuming a controlled substance.
- Ultimate user – An individual who lawfully possesses a controlled substance for personal use or for the use of a member of the individual’s household.
Michigan Drug Laws Overview
While offering treatment for drug abusers has begun to gain favor, Michigan still has laws that are tough on drug traffickers and manufacturers. In fact, if you possess a certain amount of illegal drugs, even if you plan on using them yourself, then you can be charged with drug distribution. For example, current Michigan law says that anyone in possession of 650 grams or more of cocaine or heroin must serve 17-20 years behind bars.
Believe it or not, this is a toned-down version of the original law, which required a life sentence without the possibility of parole.
Here are some other tactics that Michigan is using to address the drug epidemic:
- Mandatory life sentence for repeat drug offenders – For years, the state of Michigan has come down harshly on repeat drug offenders. In fact, if you are repeatedly caught with 50 grams or more of certain illegal drugs, you may face a life sentence without the possibility of parole.
- Drug task forces – A drug task force is a government-funded law enforcement entity whose purpose is to stop the spread of illegal drugs. Michigan’s drug task forces often team up with federal law enforcement, and being charged with a federal drug crime can result in even harsher sentences than state crimes.
- Criminal charges for doctors who prescribe unnecessary opioids – Because a root cause of the opioid epidemic is the overprescription of drugs by physicians, Michigan has cracked down on doctors who engage in this practice. These doctors often work in conjunction with known criminal enterprises. Recently, several Michigan-based doctors were found guilty of health care fraud for their roles in a scheme to administer unnecessary back injections to patients in exchange for prescriptions of medically unnecessary opioids.
- Increased penalties for selling drugs in a drug free zone – Michigan enforces laws that have increased criminal penalties if you are caught selling or delivering drugs in what are known as drug-free zones. These zones are typically in or around schools or libraries. If you’re selling or delivering drugs within 1,000 feet of a drug-free zone, you could face a penalty of at least two years in prison.
- Stiff sentences for selling and manufacturing methamphetamine – In recent years, Michigan has seen a resurgence in meth usage and has cracked down accordingly. As a result, if you are convicted of selling meth, then you can face a sentence of life in prison. Authorities have also begun to track the sale of any medication containing pseudoephedrine, which is a common component used to make meth. Michigan law limits the amount of pseudoephedrine that can be purchased over the counter, so if you purchase more than the allowed amount, you may face criminal charges.
- Life in prison for the sale of drugs that cause an overdose death – Michigan law allows prosecutors to seek a life sentence for dealers who sold a drug that caused the user’s overdose and death.
- Michigan automated prescription system (MAPS) – Michigan has identified the abuse of prescription drugs as one of the causes of the opioid epidemic. As a result, a system called MAPS was created to stem efforts to obtain prescription drugs fraudulently. MAPS is used to track prescriptions for dangerous controlled substances, helping identify individuals who are doctor shopping, or obtaining prescriptions for drugs from multiple medical providers.
Michigan Drug Crimes
In Michigan, you can be charged with either a state drug crime or a federal one. Both federal and state drug crimes can carry severe penalties. However, the punishment for federal crimes is typically harsher than state crimes and will require you to serve out your sentence in a federal facility. Most drug crimes fall into a few distinct categories outlined below.
Possession
In order to be convicted of drug possession in Michigan, it must be shown that you knowingly or intentionally possessed a controlled substance. What this means is that you must have been aware, on some level, of the drug’s presence in order to be found guilty of possession. The penalty for possession will depend on the type and quantity of drug found on you. A schedule 1 drug will typically result in a more severe penalty than a schedule 5 drug. Moreover, a charge of drug possession can have significantly greater penalties if you are arrested near a school or young children.
Bottom line: If illegal drugs are found in your home, car, business, or any other area that you have control over, then you may be charged with possession.
Cultivation And Manufacturing
Illegal drug cultivation and manufacturing is a crime in Michigan. These crimes concern not just the growing of natural plants like marijuana, but also the production of other controlled substances like meth, LSD, and heroin. Because Michigan has legalized marijuana, you may be permitted to have a certain number of plants for your personal use. However, growing larger amounts of marijuana can still result in a drug cultivation charge. It is also important to understand that these crimes may include the packaging of illegal drugs. So even if you did not grow or produce drugs, doing something as simple as placing them into little baggies may result in you being charged with cultivation or drug manufacturing.
Drug Use
Michigan is one of the few states where drug use is illegal. This is a different crime from possession. Merely taking a controlled substance that was not prescribed to you is a crime in the state of Michigan. Critically, if you are using drugs and then seek medical assistance, you cannot be charged with drug use.
Distribution (Trafficking)
The crime of drug distribution (also known as trafficking) can take on many forms. Trafficking may include the selling, distribution, and even possession of a large amount of illegal drugs. In Michigan, drug trafficking is a felony and can result in a lengthy prison sentence if you are convicted. Trafficking is also a federal crime, which usually means that drugs were sold or distributed across state lines. While trafficking is usually reserved for large drug operations, you may be charged with trafficking if it can be shown that you own a building or vehicle that you know is being used to create drugs.
Possession Or Sale Of Drug Paraphernalia
According to Michigan law, paraphernalia is defined as any equipment, product, or material that is designed to be used in growing, manufacturing, processing, packaging, and consuming a controlled substance. If you are in possession of drug paraphernalia or are selling it, you may face criminal penalties. Local laws and ordinances concerning drug paraphernalia may vary depending on location, but a paraphernalia charge can result in fines or probation. Even though a paraphernalia charge may seem minor, there may be other ancillary consequences. For instance, having a criminal record with a paraphernalia conviction could cause you to lose your job or have difficulty finding one.
Driving Under The Influence Of Drugs
One common criminal offense related to drug laws involves driving while under the influence of drugs, in other words, driving while “high.” This is similar to a DUI or OWI offense involving alcohol, except with drugs.
In Michigan, this offense is known as Operating Under The Influence of Drugs (OUID), or sometimes, Operating With the Presence of Drugs (OWPD). The shortened name for this offense is simply “drugged driving.”
The penalties you face for drugged driving will depend on several factors such as prior offenses, the amount in possession, and whether or not someone was injured. The penalties for a first offense drugged driving are similar to a first offense OWI including:
- Maximum fine of $500
- Maximum 93 days in jail
- Maximum 360 hours of community service
- 30 day driver’s license suspension, followed by 150 days restricted license
- The possibility of ignition interlock and vehicle immobilization
- Driver responsibility fees
- 6 points added to your driver’s license
We published an extensive article on Michigan DUI laws for more information on alcohol related driving offenses.
Categories Of Controlled Substances
Almost all of the common illegal drugs are controlled substances. So if you do not have permission to possess these drugs, you could face criminal charges. Similarly, selling these substances would also likely result in you being charged with a drug crime. In Michigan, controlled substances are categorized into schedules. The most dangerous drugs are grouped into schedule 1, while the least harmful drugs are in schedule 5. It should come as no surprise, then, that the penalties for possessing or selling schedule 1 drugs are typically more severe than for schedules 2 through 5. Here is a more detailed list of Michigan’s drug schedules:
Schedule 1 – The most addictive and dangerous controlled substances with no accepted medical use. Examples include heroin, Ecstasy, and LSD.
Schedule 2 – Substances that have a high potential for abuse and addiction. These substances have an accepted medical use but with severe restrictions. Examples include codeine, oxycodone, and fentanyl.
Schedule 3 – Substances that have less potential for abuse than schedules 1 and 2. These substances have an accepted medical use in treatment with a low-to-moderate risk of physical dependence. Examples include ketamine and some barbiturates.
Schedule 4 – Substances with a low potential for abuse leading to physical or psychological dependence. These substances have an accepted medical use. Examples include Valium and Klonopin.
Schedule 5 – Substances that have a limited risk of physical or psychological dependence and accepted medical use. Examples include ephedrine and Mucinex.
Commonly Used Drugs In Michigan
Methamphetamines, Heroin, Oxycodone, OxyContin, Marijuana, Cocaine, Codeine, Xanax, Percocet, Ketamine, Vicodin, Valium, PCP, MDMA, Morphine, Hydrocodone, Methadone, LSD, Psilocybin (Mushrooms), Ecstasy
Michigan Drug Crime Penalties
The seriousness of a drug crime typically depends on the type and amount of drug found to be in your control. For instance, you would probably receive a more severe sentence if you are convicted of possession of heroin than for possession of Valium. Similarly, if you are caught with a kilo of cocaine, you can expect to receive a stiffer sentence than having a couple of ounces of weed on you.
If you are charged with a drug offense, there are factors that can lead to enhanced sentencing. Notably, the number of prior drug crime convictions on your criminal record may greatly impact the severity of your sentence. Having other non-drug crime convictions (weapons) may also affect your sentence. Here’s a breakdown of the penalties that you can expect to face for different drug crimes in the state of Michigan:
Possession Of A Controlled Substance
Heroin
- Less than 50 grams: Up to 4 years in prison and/or a fine of up to $25,000
- 50 to 450 grams: Up to 20 years in prison and/or a fine of up to $250,000
- 450 to 1,000 grams: Up to 30 years in prison and/or a fine of up to $500,000
- 1,000 grams or more: Up to life in prison and/or a fine of up to $1,000,000
Cocaine
- Less than 50 grams: Up to 4 years in prison and/or a fine of up to $25,000
- 50 to 450 grams: Up to 20 years in prison and/or a fine of up to $250,000
- 450 to 1,000 grams: Up to 30 years in prison and/or a fine of up to $500,000
- 1,000 grams or more: Up to life in prison and/or a fine of up to $1,000,000
Methamphetamines
- Up to 10 years in prison and/or a fine of up to $15,000
Marijuana
- Up to 2.5 oz: No penalty
- Up to 10 oz in the home: No penalty
- More than 2.5 oz up to 5 oz (first offense): A fine of up to $500
- More than 5 oz (first offense): A fine of up to $500 and a misdemeanor charge
- Possession of any controlled substance other than marijuana is a felony in Michigan.
Distribution Of A Controlled Substance (Trafficking)
Heroin
- 49 grams or less: Up to 20 years in prison and/or a fine of up to $25,000
- 50 grams to 449 grams: Up to 20 years in prison and/or a fine of up to $250,000
- 450 grams to 999 grams: Up to 30 years in prison and/or a fine of up to $500,000
- 1,000 grams or more: Up to life in prison and/or a fine of up to $1,000,000
Cocaine
- 49 grams or less: Up to 20 years in prison and/or a fine of up to $25,000
- 50 grams to 449 grams: Up to 20 years in prison and/or a fine of up to $250,000
- 450 grams to 999 grams: Up to 30 years in prison and/or a fine of up to $500,000
- 1,000 grams or more: Up to life in prison and/or a fine of up to $1,000,000
Marijuana
- Less than 5 kilograms: Up to 4 years in prison and/or a fine of up to $20,000
- 5 to 45 kilograms: Up to 7 years in prison and/or a fine of up to $500,000
- 45 kilograms or more: Up to 15 years in prison and/or a fine of up to $10,000,000
Drug Use Offenses
Heroin
- Up to one year in jail and/or a fine of up to $2,000
Cocaine
- Up to one year in jail and/or a fine of up to $2,000
Methamphetamines
- Up to one year in jail and/or a fine of up to $2,000
Marijuana
- Up to 90 days in jail and/or a fine of up to $100
Marijuana Cultivation
- 20 plants or up to 5 kilograms: Up to 4 years in prison and/or a fine of up to $20,000
- 20 to 200 plants, or 5 to 45 kilograms: Up to 7 years in prison and/or a fine of up to $500,000
- More than 200 plants, or 45 kilograms: Up to 15 years in prison and/or a fine of up to $10,000,000
Drug Paraphernalia
- Possession: Up to 93 days in jail and/or a fine of up to $500
- Sale: Up to 90 days in jail and/or a fine of up to $5,000
- Sale to minor: Up to one year in jail and/or a fine of up to $7,500
Steps In Drug Crime Cases In Michigan
As you may know, there is a presumption of innocence when it comes to criminal charges. Specifically, if you have been charged with a drug crime in Michigan, you are innocent until the judge or jury decides whether you are guilty or not guilty. There are a number of steps in the criminal justice process before a final decision is made in your case. Here’s how a typical drug crime case goes once you have been arrested.
First Court Appearance (Arraignment)
If you have been charged with a drug crime, then the first step in the criminal justice process is usually your arraignment. At your arraignment you will be informed of the crimes that you have been charged with, and bail will be set. Not all cases will require bail, and the conditions of your release will be determined by the judge.
It is important to understand that your arraignment may differ depending on what kind of drug crime that you are charged with. If you are charged with a misdemeanor drug crime, then you will be given the opportunity to enter your plea (guilty, not guilty, or no contest). You also have the option to say nothing, which the court will treat as a not-guilty plea. If you plead guilty or no contest, then the judge may sentence you right then and there. Some cases need a pre-sentencing report, which would require a separate court date. If you plead not guilty, then your case will be scheduled for a pretrial conference.
For felonies, you will not have the chance to enter a plea at your arraignment. You will be notified of the crime(s) that you are being charged with and informed that you have the right to a preliminary examination. A preliminary examination is a court hearing where the prosecutor can call witnesses and introduce evidence to show that there is probable cause to go to trial. Your lawyer will have the opportunity to cross-examine witnesses and present evidence. If the judge decides that there is probable cause for the charges, then the case will move on to trial. If there is no probable cause, then the charges can be reduced or dismissed by the judge. If you have been charged with a felony drug crime and probable cause was found to exist at the preliminary examination, then your case will be moved over to circuit court, where you will have a chance to enter your plea before trial begins.
Pretrial Conferences
In both misdemeanors and felony drug cases, pretrial conferences will be scheduled before the trial begins. The purpose of these conferences is to resolve your case without going to trial. Witnesses and evidence will not be presented during this phase. Your lawyer and the prosecutor will negotiate on reducing the charges or resolving the case in some other manner. A pretrial conference is typically where plea bargains are discussed and agreed to.
Motions
An important part of the pretrial process is motions. A motion is basically a request that the court takes a specific action concerning your case. Most motions must be done before your trial starts. In a drug crime case, you can expect your lawyer to file a motion to exclude evidence (also known as a motion to suppress). In these motions, a court date is scheduled and your lawyer can present evidence and make arguments as to why certain evidence should be excluded from being used against you at your trial. If you were searched illegally, then your lawyer will attempt to show at the motion to suppress hearing how your rights were violated and that the evidence gathered as a result of the unlawful search should be thrown out.
Other motions include a motion to dismiss and a motion for summary judgment. In both of these motions, your lawyer is essentially asking the court to make a decision on your case without going to trial. A motion to dismiss is typically made after key evidence has been thrown out as a result of a motion to suppress. A summary judgment motion is a request to have the judge decide whether you are guilty before the trial starts. This is usually only done when all the important facts of your case are not being disputed.
Going To Trial
If you have pled not guilty and refused to accept a plea bargain, then your case will go to trial. This is the phase of the criminal justice process where the judge or jury will decide if you are guilty of the crime(s) that you have been charged with. In order for you to be found guilty, the prosecutor will have to prove beyond a reasonable doubt that you committed the crimes that you have been accused of. You are not required to put on a defense or to prove your innocence.
For most criminal trials, you will have the option of your case being decided by a judge or a jury. A trial without a jury is known as a bench trial. If you opt for a jury trial, a judge will still be present to rule on objections and other evidentiary issues. Before a jury trial can begin, the jurors must be selected from a pool of eligible individuals. During the jury selection process, your lawyer will have the opportunity to question prospective jurors on whether they can be fair and objective in deciding your case. Both your lawyer and the prosecutor will have the option to exclude certain jurors who they feel will not be able to be impartial. Once a jury is selected, the judge will give them instructions and your trial will begin in earnest.
The Prosecutor’s Case Against You
Because the prosecutor must prove that you are guilty, they are required to present their case against you. This is typically done by introducing evidence and questioning witnesses. In a drug crime trial, this is commonly done through the testimony of the arresting or investigating police officers. If you are being accused of possession, then the prosecutor must prove that the drugs that were found on you are in fact a controlled substance. This will typically involve lab test results and/or the testimony of laboratory technicians. Any person who testifies before the court must swear to tell the truth. If it is discovered that a witness lied on the stand, then they could be charged with a crime known as perjury.
Your lawyer will have the opportunity to cross-examine any witnesses that the prosecutor calls to the stand. A good defense lawyer will be able to point out inconsistencies in the witnesses’ testimony and call into question the reliability of evidence. Remember, the purpose of your defense attorney is not to prove that you are innocent, but instead to cast enough doubt on the prosecutor’s case so that you will be found not guilty.
Your Lawyer’s Case
After the prosecutor has presented all of their testimony and evidence, your lawyer will have the chance to do the same. Again, you are not required to put on a defense, but most experienced defense lawyers will do so in order to attack the evidence presented by the prosecutor. Your lawyer may decide to call witnesses who will contradict the testimony of the prosecutor’s witnesses. There may also be evidence that your lawyer can introduce that will challenge the prosecutor’s timeline of events. For example, the prosecutor may claim that you were observed purchasing drugs at a certain time and location. But if you were at work at that time, then your lawyer can present a time card from your job proving that you could not have been purchasing drugs during that time.
While you have the right to testify in your own defense, this strategy is rarely done in criminal trials. You may think that proclaiming your innocence to the judge or jury will help your case, but the reality is that you place yourself at risk of making an incriminating or unfavorable statement if you get up on the stand. Fortunately, if you refuse to testify, the judge or jury cannot hold that against you.
The Decision (Verdict)
After both the prosecutor and your lawyer have presented their cases, a decision will be made by the judge or jury. Before this happens, however, each side will have a chance to make their closing arguments. The prosecutor will explain to the judge or jury, based on all of the evidence that they presented, why you should be found guilty of the charge(s). Similarly, your lawyer will argue how the prosecutor has failed to meet their burden of proving beyond a reasonable doubt that you committed the crime(s) that you are being accused of.
If you have opted for a jury trial, then after closing arguments have been made, the judge will instruct the jury on how they are to decide your case. The jury cannot decide that you are guilty just because they don’t like you or because they think you are a bad guy. They must base their decision on the facts and evidence presented. If there is any doubt, then they must find you not guilty.
In order for you to be found guilty or not guilty, all jurors must be in agreement. If just one juror does not agree with the other juror’s decision, then your case will result in what is known as a hung jury. This means that your trial will end in a mistrial and the charges will be dismissed. If the jurors unanimously agree that you are guilty, then your case will move on to the sentencing phase. If all jurors agree that you are not guilty, then you will be acquitted of the charges, the trial will end, and you’ll be free to go.
Sentencing
This phase is where the punishment for your drug crime is decided. Remember, this only occurs if you have been found guilty by a judge or jury. In Michigan, typically it is a judge who will decide what your punishment will be. The laws provide some guidance on how severe your sentence can be, but the judge usually has discretion. Still, some drug crimes in Michigan require mandatory sentences that a judge cannot alter.
In deciding your sentence, the judge can look at things like your prior criminal history and your ties to the community. Your lawyer may be able to present witnesses who will testify to your good nature in hopes of getting you a more lenient sentence.
Appealing The Decision
In any criminal case, you have the right to appeal the decision. If you believe that you were not given a fair trial, or that mistakes were made that affected the outcome, then you can ask a different judge to review your case. If this judge agrees with you, then you may be granted a new trial or even have the verdict overturned. Still, your appeal will not be successful simply because you did not agree with the outcome of your trial. You must be able to show through legal arguments that errors were made that resulted in you not receiving a fair trial.
Criminal Defense Attorney For Drug Charges
If you are facing any type of drug charge in the state of Michigan, then this could result in serious consequences to you. This is why you should contact a skilled Michigan criminal defense attorney as soon as possible. Keep in mind that if convicted on your drug charge, you could be placed behind bars for years and punished in many additional ways. By consulting with an experienced criminal lawyer, you can better understand your options and possible defenses.
George Law is composed of highly regarded Michigan criminal defense lawyers with a strong track record. We are on your side and are prepared to take on the prosecutor’s case against you. George Law is dedicated to helping clients get the best resolutions to their criminal charges. We will carefully evaluate your circumstances and advise you on the best way to proceed. Reach out to a George Law criminal defense attorney by calling (248) 470-4300