Certain controlled substances are legally available by prescription or can be sold by authorized practitioners. It is important to remember that these thresholds are the maximum penalties allowed, and often the punishment assigned is the result of many different factors including the type of drug manufactured or delivered, and whether the person charged has any prior convictions. 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The federal government and the states each have drug laws on the books, and sometimes those laws conflict with each other, particularly when it comes to marijuana. Over 1400 cities and towns in the state of Michigan have opted out of recreational sales. With the legalization of marijuana in Michigan, adults that are 21 years old or older are allowed to legally possess up to 10 ounces of cannabis in their home and 2.5 ounces of cannabis outside of their home. Drug possession charges are always a big deal, but some drugs are considered to be more serious than others. UNIONTOWN, Pa. (KDKA) - Two Michigan men are facing felony drug charges in Fayette County, accused of dealing drugs in what appears to . Start here to find criminal defense lawyers near you. Facing Drug Crime Charges in Michigan? . Stay up-to-date with how the law affects your life. Schedule I and Schedule II drug charges will always be a felony drug charge. You or your criminal defense attorney can use a few defenses if charged with cocaine possession or distribution in Michigan. It is important to note that the classification of controlled substances differs by state and can contradict the classification of the federal government. Penalties for illegal sale of schedule 5 substances include a fine of up to $2,000, up two years in prison, or both. A conviction for Class A misdemeanor possession may include up to a year incarceration and a $4,000 fine. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Fax: 586.221.4140 There are two primary types of cocaine: the powdered form and crack cocaine. If you find yourself in need of a Michigan drug possession lawyer, contact Daily Law Firm, P.C. 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) Even so, we were able to save her literally thousands of dollars in fines and costs, save her driver license, and even obtain a significant reduction of one charge and a complete dismissal of another. Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. 77 Monroe Center St. NWSuite 700Grand Rapids, MI 49503, 2023 West Michigan Defense Team All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Child Abuse, Neglect And Juvenile Delinquency. The sentencing for Michigan drug offenses is set forth in Section 333.7403 of the Michigan Public Health Code. If a drug is classified as Schedule 1 or 2 in this instance, there is a mandatory one-year prison sentence. Felony Drug Charges - Oakland County Criminal Lawyer. Under Michigan law, the term manufacture means producing or processing a controlled substance. Delivery, on the other hand, is defined as a transfer or attempted transfer of a substance to another person, knowing that it wassuch a substance, and intending to transfer it to that person.. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, 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), 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, Less than 50 grams: penalty of up to 20 years in prison, a fine up to $25,000 fine, or both, for a delivery crime, three times that of the underlying offense, or. Age: 36. Her matter was heard at the 35th District Court in Plymouth Michigan. If you are arrested for a first or second offense of possessing a dangerous drug, you could face 1.1-3.7 years of jail time, fines, and a felony charge on your record. Because heroin and cocaine are among the most dangerous drugs, the penalties are harsh for felony drug charges . The 35th District Court has jurisdiction over Plymouth, Northville, and Canton. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. Please contact Michigan Justice at (586) 221-4100 to speak with our knowledgeable and dedicated criminal law attorney, Goran Antovski. Charges of drug possession, use, manufacturing, and distribution are common in Michigan. "It's coming down from Detroit. Created byFindLaw's team of legal writers and editors Michigan criminal defense lawyer Maurice Davis can explain what you can expect from the charges you're facing. If an adult possesses certain controlled substances in a public or private park, or if they are selling them within 1000 feet of a park, their sentence can have an additional two years added to it. Mr. Antovski possesses insider knowledge which he uses to secure the best possible outcomes for his clients. Heroin is classified as a Schedule 1 illegal drug, and is considered one of the most dangerous and addictive drugs known to man. Once she was pulled over the officer could smell alcohol on her breath and noticed that she was slurring while talking with her. Any amount greater than 50 grams could lead to 20 years to life in prison and a $1,000,000 fine. Incarceration and fines vary, depending on the circumstances of the charge: Injury: Maximum of five years in prison, a $1,000 to $5,000 fine or both. In certain circumstances, the penalties for drug possession or sale can be enhanced in the state of Michigan. An offense that we are seeing charged more regularly by the Canton Police is Possession of Dangerous Drugs. The officer then ordered her out of the car. It is crucial you have an attorney who knows the law if you are facing drug dealing allegations. Because this class of felony charge can result in lengthy jail sentences and hefty fines, its important to understand what constitutes a dangerous drug. After all, the term dangerous drug seems somewhat vague and subjective. 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. It's important to note that the medicinal use of marijuana is legal in Michigan. To learn more about marijuana laws, see Marijuana Possession: Laws & Penalties. Meeting with a lawyer can help you understand your options and how to best protect your rights. The schedule system works with Schedule 1 being considered the most dangerous drugs and the following Schedules decreasing in dangerousness, with Schedule 5 drugs being seen as the least dangerous. Frequenting a Drug House : Prowling; Open Intox in Public Place: Sexual Conduct Performed in Motor Vehicle; Possession of a prescription drug (not a crime unless it is a controlled substance, like Vicodin. "Dangerous Drug" possession is considered a Class 4 Felony in Arizona. A repeat controlled substance offense carries a possible sentence of two times that of the underlying offense. 0. Call Aaron J. Boria at (734) 453-7806 or email us at BoriaLaw@gmail.com. The officer then arrested her for drinking and driving. At the pre trial we were able to get the prosecutor to reduce the drinking and driving charge down from High BAC OWI to impaired driving. Successful completion of the program could result in your criminal charges being dismissed; however, failure to complete the program will ultimately result in jail time and harsh penalties. This deal we were able to get our client meant that her driver license pointe were reduced from 6 to 4. fines reduced by over $2,000, potential jail time cut in half (but she didnt get any)and she got to keep her driver license, which she would have lost if she had been convicted as charged. Possession of between 50 grams and 450 grams of cocaine carries a possible 20-year prison sentence and a fine of up to $250,000. If you have been charged with a drug crime, its important to understand the drug charges you may be facing and the penalties you are going up against. Schedule I and Schedule II drug charges will always be a felony drug charge. Contact our Michigan criminal defense attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2020 mymichigandefenselawyer.com, Marijuana Cultivation, Possession and Use, Michigan Super Drunk (high BAC drunk driving), Schedule 1: LSD, ecstasy, heroin, peyote, BZP, Schedule 2: codeine, cocaine, fentanyl, oxycodone, morphine, Schedule 3: ketamine, barbituric acids, benzphetamine, Schedule 4: diazepam, phenobarbital, lorazepam, Schedule 5: codeine mixed with nonnarcotics. Specifically, Michigans felony drug dealing laws prohibit manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver controlled substances. As a result, penalties for marijuana distribution begin at up to 4-year prison sentences and $20,000 fines for less than 20 plants (5 kilograms), all the way up to 15-year sentences and $10,000,000 fines for 200 plants or more (45 kilograms). This can be even more severe if the offense was committed within 1000 feet of school property or a library or on said property. Please dont hesitate to call us, we are here to help if you have any questions! 2 Michigan men face drug charges after bust in Fayette County. If youve been charged with possession of heroin or cocaine in Michigan or Macomb County, please contact Michigan Justice at (586) 221-1400. What is a dangerous drug charge in Michigan? The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. These schedules also determine the charges and penalties involved for possessing different drugs. Penalties for illegal sale of a schedule 1 or 2 narcotic substance (such as heroin or morphine) or cocaine vary according to the amount involved. | Last updated February 22, 2018. I can't go into those details. On Behalf of West Michigan Defense Team | Aug 23, 2022 | Criminal Defense, Drug Crimes. The sale of legal cannabis in Michigan officially began on the first of December in 2019. Penalties can vary based upon your criminal record, the drugs involved, and the quantities present, and an experienced lawyer will be able to assemble that data and determine the best course of action for fighting your case. This means that it has a high potential for abuse but can be used under medical supervision. | Recently Booked | Arrest Mugshot | Jail Booking . And we haven't been putting up with it," Bower said. School property or library. A conviction for possession of dangerous drugs in the 35th District Court is punishable by up to 93 days in jail, a fine to the court of up to $500 plus mandatory state costs, crime victim rights fund, cost of prosecution, and the cost of arrest (yes, you have to pay for being arrested). "Fayette County has been a place where there have always been drugs, just like every other county," Bower said. Possession of schedule 1 or schedule 2 narcotic substances can result in penalties that vary depending on the amount of drugs in your possession. COPYRIGHT 2020 | Michigan Criminal Defense Attorney | Call: (734) 453-7806 | Legal Marketing with Motivo Media | Aaron J. Boria Scholarship, Driver License Restoration / Refusing A Breath Test, Shoplifting, Retail Fraud, Larceny, Theft, 35th District Court Best Criminal Lawyer in Plymouth.