Grand Rapids Drug Crimes Attorneys
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Controlled Substances
Michigan classifies controlled substances into five schedules. Schedule 1 lists the most dangerous drugs. Schedules 2, 3, 4 and 5 are assessed as decreasing in order of dangerousness and probability of abuse.
Some examples of controlled substances in each schedule are:
- Schedule 1: heroin, LSD, peyote, ecstasy, BZP
- Schedule 2: morphine, codeine, oxycodone, cocaine, fentanyl
- Schedule 3: benzphetamine, barbituric acid, ketamine
- Schedule 4: lorazepam, diazepam, phenobarbital
- Schedule 5: codeine mixed with nonnarcotics (e.g., cough syrups or cold medicines)
The schedules determine in part the penalties for illegal possession, sale and/or distribution.
Recreational Marijuana
Marijuana is a Schedule I controlled substance in Michigan. Recreational use of small amounts is now permissible. In general, adults 21 years of age or older are legally allowed to possess up to 2.5 ounces of cannabis outside of their homes and up to 10 ounces in their homes. Adults may also possess and cultivate up to 12 cannabis plants in their own homes and possess no more than 15 grams of concentrate.
What Are The Penalties For Possession Of Illegal Substances In Michigan?
Penalties range in severity depending on the class of the drug and the number of prior convictions. An adult who possesses more than 2.5 ounces of marijuana within a residence, up to 5 ounces, can be charged with a civil infraction punishable by a maximum fine of $500 for a first offense. Possession of more than 5 ounces of marijuana is a misdemeanor.
Penalties for the illegal possession of ecstasy or methamphetamine include a fine of up to $15,000 and/or up to 10 years in prison. Unlawfully possessing any other Schedule 1, 2, 3 or 4 controlled substance not otherwise listed above (excluding marihuana) can incur a fine of up to $2,000 and/or imprisonment for up to two years.
The illegal possession of a Schedule 1 or 2 narcotic substance (e.g., heroin, morphine or cocaine) can lead to the following penalties, depending on the amount:
- 1,000 grams or more: up to life in prison and/or a fine of up to $1 million
- 450 to 1,000 grams: up to 30 years in prison and/or a fine of up to $500,000
- 50 to 450 grams: up to 20 years in prison and/or a fine of up to 250,000
- Less than 50 grams: up to four years in prison and/or a fine of up to $25,000 fine
Enhanced Sentencing
Michigan imposes enhanced penalties for repeat offenses and crimes committed near schools, parks, or libraries. A repeat controlled substance offense carries a possible sentence of twice that of the underlying offense. Selling or possessing a controlled substance on or within 1,000 feet of school property or a library could result in a mandatory two-year prison sentence of up to three times that of the underlying offense for a delivery crime or two times that of the underlying offense for possession with or without intent to deliver. Moreover, an adult (18 years or older) can face double the enumerated penalty if they deliver a controlled substance to a minor who is at least three years younger than the seller.
Let Scozzari Law, PLLC, Fight Your Charge
If you are facing a drug-related charge, having an experienced attorney on your side can make all the difference. Rather than consult with just one lawyer, ask to consult with our team at Scozzari Law, PLLC.
Schedule a free consultation with our team at Scozzari Law, PLLC, by calling 616-828-0687 or filling out an online contact form here.