Drug Crimes

Michigan has undergone significant changes in its marijuana laws over the past decade. In 2008, the Michigan Medical Marihuana Act was passed, allowing patients with qualifying medical conditions to use marijuana for therapeutic purposes. This act established a regulated system for the medical use of cannabis, including provisions for patients and caregivers to grow a limited number of plants. In 2018, Michigan voters approved Proposal 1, making it the first state in the Midwest to legalize the recreational use of marijuana. This law permits adults 21 and over to possess up to 2.5 ounces of marijuana in public and up to 10 ounces at home, as well as grow up to 12 plants for personal use.

Despite these relaxed regulations for both medical and recreational use, Michigan still enforces penalties for certain marijuana-related offenses. For instance, possessing more than the legal amount of marijuana can result in a civil infraction or criminal charges depending on the quantity. Exceeding the home possession limit of 10 ounces can lead to fines, while having more than 2.5 ounces outside the home can result in a misdemeanor with penalties including fines and potential jail time. Additionally, unauthorized sales or distribution of marijuana, especially to minors, can result in severe criminal charges, including felonies with significant fines and imprisonment.

Driving under the influence of marijuana remains illegal in Michigan and carries stringent penalties. Law enforcement employs sobriety tests and measures THC levels to determine impairment. A first-time offense for driving under the influence of marijuana can result in a suspension of the driver’s license, fines, community service, and possible jail time. Repeat offenses or incidents resulting in injury or death can lead to much harsher penalties, including extended prison sentences.

The more than 60 narcotics that receive this classification in Michigan have a high potential for abuse, no accepted medical use or cannot be safely used without medical supervision, such as heroin or ecstasy. Possession of any mixture containing a schedule 1 narcotic is a felony, and upon conviction, punishments are based primarily on the amount of narcotics in question. Possession of:

• Up to 50 grams is punishable by up to 4 years in prison or a fine of up to $25,000, or both.
• 50 grams up to 450 grams is punishable by up to 20 years in prison or a fine of up to $250,000, or both.
• 450 grams up to 1,000 grams is punishable by up to 30 years in prison or a fine of up to $500,000, or both.
• 1,000 grams or more is punishable by life in prison or any term of years, or a fine of up to $1,000,000, or both.

Possession With Intent to Deliver or Manufacture a Schedule 1 Narcotic is a felony, and upon conviction punishments are based primarily on the amount of narcotics in question. Delivering or manufacturing any mixture containing specified Schedule 1 substances:

• 50 grams up to 450 grams is punishable by up to 20 years in prison or a fine of up to $250,000, or both.
• 450 grams up to 1,000 grams is punishable by up to 30 years in prison or a fine of up to $500,000, or both.
• 1,000 grams or more is punishable by life in prison or any term of years, or a fine of up to $1,000,000, or both

These narcotics have a high potential for abuse, but an accepted medical use, such as morphine or oxycodone.  Possession of any mixture containing a schedule 2 narcotic is a felony, and upon conviction punishments are based primarily on the amount of narcotics in question. Possession of:

• 25 grams up to 50 grams is punishable by up to 4 years in prison or a fine of up to $25,000, or both.
• 50 grams up to 450 grams is punishable by up to 20 years in prison or a fine of up to $250,000, or both.
• 450 grams up to 1,000 grams is punishable by up to 30 years in prison or a fine of up to $500,000, or both.
• 1,000 grams or more is punishable by life in prison or any term of years, or a fine of up to $1,000,000, or both.

Possession With Intent to Deliver or Manufacture a Schedule 2 Narcotic is a felony, and upon conviction punishments are based primarily on the amount of narcotics in question. Delivering or manufacturing any mixture containing specified Schedule 2 substances:

• 50 grams up to 450 grams, is punishable by up to 20 years in prison or a fine of up to $250,000, or both.
• 450 grams up to 1,000 grams is punishable by up to 30 years in prison or a fine of up to $500,000, or both.
• 1,000 grams or more is punishable by life in prison or any term of years, or a fine of up to $1,000,000, or both.

These narcotics have less potential for abuse and an accepted medical use, such as anabolic steroids. Possession of certain schedule 3 narcotics is a felony that may be punishable by up to 2 years in prison or a fine of up to $2,000 or both. An exception is LSD possession, which is a misdemeanor punishable by up to 1 year in jail or a fine of up to $2,000 or both. Delivering or manufacturing a schedule 3 narcotic is a felony punishable by up to 7 years in prison or a fine of up to $10,000 or both.

These narcotics have a low potential for abuse and an accepted medical use, such as Xanax or Valium. Possession of certain schedule 4 narcotics is a felony that may be punishable by up to 2 years in prison or a fine of up to $2,000 or both. Delivering or manufacturing a schedule 4 narcotic is a felony punishable by up to 7 years in prison or a fine of up to $10,000 or both.

Most of these narcotics are over the counter medications, such as cough syrups containing codeine, that have low potential for abuse and an accepted medical use.  In certain circumstances, possession of certain schedule 5 narcotics is a misdemeanor that may be punishable by up to 1 year in jail or a fine of up to $2,000 or both. Delivering or manufacturing a schedule 5 narcotic is a felony punishable by up to 2 years in prison or a fine of up to $2,000 or both.