Drug Crime Penalties
Drug crimes are classified as misdemeanors or felonies. A misdemeanor is simply defined as an offense which can carry up to 1 year in jail. A felony is defined as an offense which can carry more than 1 year - up to life in prison. There are other implications associated with a felony conviction including the permanent loss of rights to possess or own firearms. Drug crime penalties vary depending upon the classification of the substance involved (Schedule 1-5, heroin, analogues, marijuana) and the conduct by the offender associated with the substance (use, possession or delivery).
Drug Schedules: Drugs are classified into five (5) schedules according to the United States Drug Enforcement Agency (DEA). Scheduling of a particular drug or chemical is based upon the drug’s medical use and abuse/dependency potential. Schedule 1 drugs are considered the most dangerous because of the high potential for abuse and dependency. Marijuana continues to be classified as a Schedule 1 drug.
Delivery or Possession: All drug crimes that involve in trafficking (delivery), possession with intent to deliver or manufacturing are always classified as felonies and invariably more serious than offenses which involve use or possession.
All offenses that involve use of a controlled substance are classified as misdemeanors. Possession of heroin, cocaine, ecstasy and methamphetamine are classified as felonies. All offenses that involve delivery of any controlled substance, or possession with intent to deliver, are classified as felonies.
|Delivery or Manufacture (MCL 333.7401)||Maximum Penalty|
|Heroin or Cocaine (under 50 grams)||20 years, fine $25,000|
|Ecstasy (MDMA) or Methamphetamine||20 years, fine $25,000|
|LSD, Peyote, Psilocybin||7 years, fine $10,000|
|Analogues (Xanax)||7 years, fine $10,000|
|Marijuana: 45 kilograms/200 plants||15 years, fine $10,000,000|
|Marijuana: 5-44 kilograms/20-199 plants||7 years, fine $500,000|
|Marijuana: under 5 kilograms/under 20 plants||4 years, fine $20,000|
|Possession Offenses (MCL 333.7403)||Maximum Penalty|
|Ecstasy (MDMA) or Methamphetamine||10 years, fine $15,000|
|Heroin or Cocaine (under 25 grams)||4 years, fine $25,000|
|Analogues||2 years, fine $2,000|
|LSD, Peyote, Psilocybin||1 year, fine $2,000|
|Marijuana||1 year, fine $2,000|
|Drug Use Offenses (MCL 333.7404)||Maximum Penalty|
|Heroin, Cocaine||1 year, fine $2,000|
|Ecstasy (MDMA), Methamphetamine||1 year, fine $2,000|
|LSD, Peyote, Psilocybin||6 months, fine $500|
|Marijuana||90 days, fine $100|
|Other Michigan Drug Crimes||Maximum Penalty|
|Possession drug paraphernalia||90 days, fine $5,000|
|Prescription fraud||4 years, fine $5,000|
|Maintaining a drug house||2 years, fine $25,000|
|Prisoner in possession of drugs||5 years, fine $1,000|
The offense Maintaining a Drug House, pursuant to MCL 333.7405, makes it a crime to knowingly maintain a dwelling, building, vehicle or boat, including other structures, used for selling, possessing or frequented by persons using controlled substances. This offense is often added with other drug crime charges.Drug Crimes Require Mandatory Driver’s License Sanctions
The court is required to order sanctions against the driver’s license of a person convicted of a drug crime as follows:
- First Drug Crime Conviction: License suspended 30 days, followed by a restricted license for 150 days.
- Second Drug Crime Conviction: License suspended 30 days, followed by restricted license for 305 days.
Restrictions are subject to the approval by the court and may be determined at a hearing after the minimum period of suspension with no driving has expired. Driver’s license sanctions are not imposed when HYTA status or MCL 333.7411 (discussed below) is granted!MCL 333.7411: No Adjudication of Guilt, Record Sealed, Case Dismissed
ALL “use” and “possession” drug crimes are eligible for disposition pursuant to MCLA 333.7411. MCL 333.7411, commonly called “7411”, may be used only once in a person’s lifetime for an eligible drug offense. A drug crime resolved pursuant to MCL 333.7411 is sealed without an adjudication of guilt. Upon successful completion of probation, the offender is discharged from the court system and the offense is dismissed.
License sanctions DO NOT apply to a person that is granted MCL 333.7411 status.Double Penalty for Second Drug Crime
Pursuant to MCL 333.7413, a person convicted of a second or subsequent drug crime may be imprisoned for a term two times the maximum jail term authorized for the underlying offense and fined twice the amount authorized for the underlying offense.
A second of subsequent drug crime involving delivery of drugs near school property is punishable by not less than 5 years imprisonment nor more than twice the original drug crime penalty and fined in an amount of three times the amount authorized for the original drug crime committed.Hire the Best Drug Crime Lawyers in Metro Detroit
If you are busted for drug crime, you can expect the police to seize your property and ask you to provide cooperation by doing undercover drug deals. You may also be threatened with prison time and a felony record. We stand by our clients! Don’t expect the cops to play fairly if you are facing a drug crime. Contact ABDO LAW.
ABDO LAW has fought and won 1000’s of drug cases. We have accomplished all of the following for first time offenders and for those with a criminal record:
- Avoidance of a felony conviction.
- Avoidance of jail.
- Return of seized property.
- No requirement of doing undercover work.
- Dismissals for eligible offenders pursuant to MCL 333.7411.
- Dismissals for eligible youthful offenders pursuant to HYTA.
- Drug Court sentencing.
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. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo