Drug Crime Analogues

Pursuant to Michigan Controlled Substance Act, analogue drugs are those that are available by prescription. Possession of analogue drugs without a recent valid prescription is a crime in Michigan which is punished as a felony. Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin are all examples of analogue drugs.

MCL 333. 7403 provides that a person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from a valid prescription. A person who violates this section as to a controlled substance classified as a controlled substance analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

Delivery of Analogues: All drug crimes that involve the element of delivery are felonies. Delivery of analogues is a felony that can carry up to 7 years in prison and a fine of not more than $10,000.00, or both.

Contact ABDO LAW: Metro Detroit: 586-412-5555, Toll Free: 844-Got-Abdo

Legal Possession: Does not Require Ownership or Actual Possession

In criminal matters, “possession” is broadly defined. Possession does not require ownership. The legal definition of possession covers actual physical possession and “constructive” possession. A person is in constructive possession of something that is within his or her control. Something, such as drugs, can be within a person’s control if it is inside a locked glovebox, a storage locker or in a personal dresser drawer.

Defenses to Criminal “Possession” Charges

Lack of Knowledge: Lack of knowledge of the presence of an illegal object is a defense to a criminal charge which requires the element of possession. However, forgetting that you had something in your possession is not the same as lack of knowledge.

Mere Presence: Being merely present, or “mere presence” in relation to a crime is not enough for the State to prove that you were there when a crime was committed. Therefore, unless a person actually participated in the crime (aided or abetted), you cannot be convicted of a crime just because you were there when it was committed.

Analogues May Lead to Substance Abuse Problems

There is a crisis and a crackdown involving the illegal, and legal, use of prescribed medications. In our drug crime practice, we represent both adults and youthful offenders with drug abuse and addiction disorders that involve drugs classified as pain killers and psychotropic drugs such as Xanax and Adderall. Prescription opioid pain killers such as Vicodin are often seen as gateway drugs to heroin.

Victims of drug abuse and addiction come from all walks of life. Youthful offenders can get prescription drugs on the streets or from the medicine cabinets of family members. Adults may end up with a drug abuse problem after prolonged use following a medical condition or surgery.

Our job in representing a person charged with a drug crime is a combination of making recommendations for appropriate substance abuse treatment program(s) and getting the best result in the court system. We have found that being proactive with a substance abuse treatment plan can have a positive impact on the final disposition of a criminal drug case. Courts in the counties of Macomb, Oakland, Wayne and St. Clair will lean towards dispositions that involve substance abuse recovery rather than punishment and incarceration for those willing to seek rehabilitation.

Possession of Analogue Crimes Subject to Dismissal

All drug crime offenses that involve “possession” are eligible for disposition pursuant to of Michigan laws to get drug charges, including felonies, sealed and dismissed, without adjudication of guilt. The applicable provisions for these dispositions are HYTA (youthful offenders) and MCL 333.7411 (first time drug offenders).

Metro Detroit’s Best Drug Crime Lawyers

Contact ABDO LAW immediately if you are being investigated or charged with any Michigan drug crime in the counties of Macomb, Oakland, Wayne or St. Clair. Let our highly rated team of criminal defense lawyers manage your drug case from A to Z to get your seized property returned and the best resolution possible. If you have a drug problem, we will ask the court for a rehabilitative disposition. We have also successfully managed cases favorably for repeat offenders and habitual offenders.

CALL Abdo Law for a FREE CONSULTATION. Do not hesitate to consult with our Macomb County drug crime lawyers for immediate answers to your most pressing questions and a same day appointment or jail visit if necessary. Phone messages after business hours are forwarded to our attorneys 7/24/365. Payment plans and all credit cards accepted.

CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo