Michigan Scheduled Drugs
Michigan’s drug laws are some of the toughest in the Nation. If found to be in possession of controlled substances, you may be looking at imprisonment and fines. Michigan breaks down the types of drugs into what is called “Schedules”. MCL 333.7403(a) governs schedule I or II drug charges including heroin, cocaine, and ecstasy. MCL 333.7403(2)(b) governs possession of methamphetamine charges and schedule III – IV drugs which generally include prescription substances.
Michigan Compiled Laws 333.7403 is the governing statute for drug possession charges. Pursuant to Michigan law, it is unlawful to knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form” without a valid prescription. A possession of a controlled substance charge can either be a misdemeanor or a felony. The severity of the charge depends on the type of drug involved and the quantity of the drug. Additionally, the severity of the charges against you can increase if there were other crimes that were involved with the possession charge. For example, a charge of a Schedule I narcotic substance (such as heroin or cocaine) in an amount of 1,000 grams or more may result in up to life in prison and less than 50 grams may result in up to 20 years in prison. Possession of ecstasy and methamphetamine may result in up to 10 years in prison, while possession of a prescription medication with a prescription may led to up to one year in prison. Generally speaking, the majority of controlled substances cases involve a small quantity of drugs. Not only do the penalties for a conviction of a drug charge involve imprisonment, but also fines and court costs, as well as can result in mandatory driver’s license suspensions.
Each case is different and unique and should be treated as such. Each individual will have different “Sentencing guidelines” for their case. Sentencing guidelines are used as an advisory tool for the Judge. The judge is not required to follow those guidelines. Michigan judges can make their own sentencing decision based on a variety of factors including but not limited to the individual’s criminal history and the amount of drugs involved.
Conviction of a Drug Possession Charge
The State is required to prove several elements beyond a reasonable doubt in order to convict you of a drug possession charge, including: that the substance was a classified controlled substance that you actually possessed the substance that you knew you possessed the substance, and that the substance was not obtained with a valid prescription to the defendant. We understand that it is normal to feel overwhelmed and frightened when facing a drug possession charge of any variety. It is our mission to make sure that you stay informed during every step of the legal process, provide you with information and options, and work together to build the best defense to your specific case.
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