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Michigan
Drug Crimes
Drug offenses can range in severity from
misdemeanor possession or use (90 days or less with special status being granted), to crimes that carry
a
life sentence. If you or someone you know
has been
arrested or are
under investigation for any of the following
drug offenses in
Michigan, you should contact us right away:
trafficking,
possession for sale,
possession,
distribution,
cultivation,
manufacturing,
transportation and importation. We have
handled literally thousands of drug offense
cases.
We will defend you or your loved ones criminal
case aggressively. Regardless if you or
your loved one has been charged with, being
investigated for or accused of a federal, felony
or misdemeanor drug offense/crime, you need
representation immediately.
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Drug Crimes under Michigan law include:
- Cannabis Trafficking
- Casual Delivery of Cannabis
- Delivery of Cannabis on School Grounds
- Delivery of a Controlled Substance
- Delivery to person under 18; violation
by person under 18
- Delivery of Ecstasy
- Delivery of Meth
- Dealing Schedule I Controlled Substance
- Dealing Schedule II Controlled Substance
- Dealing Schedule III Controlled
Substance
- Drug Trafficking / Drug Trafficking
- Federal Drug Crimes
- Illegal Possession of Hallucinogens (mushrooms, LSD, mescaline)
- Illegal Possession of Stimulants (Methcathinone)
- Illegal Possession of Depressants (GHB)
- Manufacture, Delivery, or Possession
with Intent to Deliver or Manufacture
Prohibited
- Manufacture or Delivery LSD
- Manufacture of Meth
- Operation of a Meth Lab
- Possession Prohibited
- Possession of Cannabis (Marijuana or
Marihuana)
- Possession of Cocaine (Manufacture or
Delivery)
- Possession of Meth (Meth amphetamine -
Crystal Meth)
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Possession of LSD (Lysergic Acid -
Hallucinogens)
- Possession of Morphine (Delivery or
Sale)
- Possession of Nitrous Oxide (Delivery or
Sale)
- Possession of Narcotic Drug
- Possession of Anabolic Steroid (Delivery
or Sale)
- Possession of Peyote, Barbituric Acid,
Amphetamine
- Possession of Pseudoephedrine
- Possession of PCP
- Possession of Methaqualone, Pentazocine,
Phencyclidine (PCP)
- Possession of Ecstasy (Delivery or Sale)
- Possession of Heroin (Delivery of Sale)
- Possession of Crank (Delivery of Sale)
- Possession of Ecstasy
- Possession of Narcotics Analgesics
(Delivery or Sale)
- Possession of Opium (Delivery or Sale)
- Possession of an Opiate (Delivery or
Sale)
- Possession of OxyContin (Delivery or
Sale)
- Possession of Illegal Stimulants (Powder
cocaine)
- Possession of Crack (Cocaine)
- Production of Cannabis Plants
(Psychoactive Plants)
Certain
allergy and cold medicines have been determined
by the American Medical Association and FDA to
be unsafe for persons who are operating a motor
vehicle. These drugs cannot be purchased in
bulk. If an individual is caught with an
abnormal amount of any of the following drugs,
that particular individual can be subject to
criminal drug charges. These drugs can include
but are not limited to
Benadryl,
Allerdryl, Sudafed, Contact Severe Cold Formula, Vicks
Nyquil, Trifed, Phenergan, Pseudo ephedrine,
Ephedrine and
Inhalants such as glues, aerosol
products, which block the passage of oxygen to
the individuals brain.
What is the Michigan Medical Marihuana Act?
The Michigan Medical Marihuana Act (the “Act”) became Michigan law on December 4, 2008. The Act permits an individual with a qualifying debilitating medical condition to register as a medical marihuana patient with the Michigan Department of Community Health (“MDCH”) and avoid criminal penalties under state law for certain medical uses of marijuana. Information about the Act and the state registry program is available on the MDCH website at www.michigan.gov/mmp.
Why is marihuana spelled with an "h" in the Act?
The spelling of marihuana within the Act is consistent with the spelling of marihuana in the Michigan Public Health Code.
Does this mean that smoking or ingesting marihuana is legal now?
Not really. Although the Act permits registered patients to use marihuana for certain medical purposes without being arrested or prosecuted under state criminal law, the federal Controlled Substances Act continues to list marihuana as a Schedule I drug and prohibits its possession, manufacturing, dispensing, and distribution. There is no “medical necessity” exception for Schedule I drugs under federal law and the Act does not protect an individual from arrest and prosecution under federal law.
3. Does the Act change University policy regarding drug use or possession on campus?
No, University policies have not changed. Students and employees may not use or possess marihuana on campus. This is true whether the marihuana is smoked or ingested through other means. Michigan State University is subject to the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act Amendment of 1989. Consistent with those laws, the MSU Drug and Alcohol Policy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, illicit drugs, and alcohol on any property governed by the Board of Trustees and at any site where work is performed by individuals on behalf of the University. The Alcohol and Controlled Substances Policy also applies to employees performing safety sensitive functions and whose position responsibilities require they obtain a commercial driver’s license.
Employees and students who violate University policy prohibiting the use or possession of illegal drugs on campus are subject to disciplinary action through the appropriate disciplinary process.
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Common Street Drugs and Their Street Names
- Amphetamines: Bennies,
Black Beauties, Crank, Crystal Meth,
Footballs, Meth, MDMA, Speed,
Uppers
- Barbiturates: Downers, Goof Balls, Nembutal,
Phenobarbital, Reds, Red Devils,
Seconal, Peyote, Tuninal,
Yellowjackets
- Benzodiazepines:
Rohypnol, Roofies, Flunitrazepam, Ruffies,
Roches, R-2, Valium
- Cocaine: Coke, Snow, Blow, Nose Candy
- LSD: Acid, Purple Haze, Microdots,
Window Pane, Blotter
- Marijuana: Hash Oil,
Hash, Dope, Tea, Pot, Reefer,
Weed, Grass, Mary Jane, Bud
- Opiates: Codeine, China
White, Darvon, Darvocet, Demerol, Dilaudid,
Heroin, Methadone, Horse, Morphine,
Percocet, Percodan, Talwin, Vicodin
-
PCP: Angel Dust
What is Section 7411 and Section 7410 under the Health Code?
Section 7411 is frequently used to give a first time possessor or user of a controlled substance which qualifies under the accepted drug schedules by statute an opportunity to have the guilty plea adjudicated without guilt. This means the within the discretion of the court an individual's guilty plea will not be entered but rather held in abeyance until such time as the defendant successfully completes the terms of their probation. This typically means a drug program, urine drops to assure compliance, periodic visits to the probation department, often PBT testing, possible community service and curfew. If the probation under Section 7411 is violated and terminated the conviction is entered and this will include a mandatory period of drivers license suspensions with the first month or two months "hard time" (no court restricted limited license for work or school). Lastly, under the "Drug Court" statute in Michigan, and if your court actually has a drug or sobriety court, and further only if the judge agrees, it is permissible that a second Section 7411 can be granted upon compliance with the terms of Drug Court's probation even though the alleged one time opportunity to avail the use of Section 7411 had previously been used!
Section 7410 is a statute that we use only in special circumstances. It involves "distribution without remuneration" and means that the illegal substance was divided without compensation occurring following a purchase. Think of four friends in a college dorm.. they pool their money, buy a pound of marijuana at the cheaper quantity price and later split it up among themselves. It does not carry the benefit of a differed sentence as does Section 7411, but it is a misdemeanor as opposed to a felony (because of the quantity involved and the lack of trafficking). It has been applied under a La Fay Plea to cover growing marijuana plants ("manufacturing") not for distribution involving profit or trafficking per se, but for two or more people growing it ("manufacturing") in a reasonable amount for their own personal consumption.
Possession of Controlled Substance MCL 333.7403
If you are found in possession of:
Schedule I or II substances
> 1,000 grams (felony)
Between 450_ 1,000 grams (felony)
Between 50_ 450 grams (felony)
Between 25_50 grams (felony)
Ecstasy or methamphetamines- Any amount
Marijuana - Any amount
Then you may face:
Life in prison and fines up to one million dollars.
Up to 30 years in prison and $500,000 in fines.
Up to 20 years in prison and $250,000 in fines.
Up to 4 years in prison and $25,000 in fines
Up to10 years in prison and $15,000 in fines
Up to 1 year in prison and $2,000 in fines
Keep in mind that the above only refers to possession charges. Depending on the amount of controlled substance you have and your intentions, you can also be charged with delivering, or possession with intent to deliver.
If you are caught in a public park possessing any amount of any controlled substance you can face up to 2 years in prison.
First Offense
If you have never been convicted of similar charges before a judge will likely suspend your sentence for a term of probation. However, if you violate the terms of probation your sentence will be immediately activated.
Mandatory Life Sentence MCL 333.7413
A much debated drug law in Michigan is the mandatory life sentence for certain repeat offenders. This law is an example of the harsh drug laws in the state of Michigan.
Second Offense
If you are convicted for a second or subsequent offense of possessing or distributing a Schedule I or II drug where the amount is greater than 50 grams you will be sentenced to life in prison.
This sentence is mandatory. If you are sentenced under this law you will not be eligible for probation, parole, or any other sentence reduction or early release.
One more thing worth mentioning, other than drug convictions which are held under abeyance from HYTA or Section 7411, the Secretary of State suspends your driving license for six months with not restricted license for the first thiry days. This is the only instance where the sentencing judge has the descretion of granting or not granting a restricted license to the individual, as in all other cases only the Secretary of State can grant such a license. One or more prior drug convictions in seven years means your driver license will be suspended for one year. No restricted license is allowed for the first 60 days.
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