Drug Crime Penalties

Delivery, Manufacture, Possession, Use

Drug crimes are classified as felonies or misdemeanors and the penalties vary according to severity of the offense. Offenses which involve in trafficking (delivery), manufacturing or growing are always classified as felonies and invariably more serious than offenses which involve mere use or possession.

The offense known as “possession with intent to deliver” is treated the same as an offense where a drug delivery (sale or transfer) has actually occurred.

An offender’s prior record is also a major factor which is computed in determining a sentence for someone convicted of a drug crime based upon the Michigan Sentence Guidelines.

In addition to huge fines and possible incarceration, property may that is related to drug activity is subject to forfeiture.

Michigan Drug Crimes, Maximum Penalties, Links to Web Pages

Drug Delivery, Manufacture, Possession With Intent to Deliver Offenses

  • Less Than 50 grams of Cocaine
  • Any amount of ecstasy (MDMA) or methamphetamine
  • LSD, peyote, mescaline
  • Marijuana 45 kiolgrams/200 plants, or more
  • Marijuana 5-44 kilograms/20-199 plants
  • Marijuana under 5 kilograms/under 20 plants
  • 20 years and/or fine $25,000.00
  • 20 years and/or fine $25,000.00
  • 7 years and/or fine $10,000.00
  • 15 years and/or fine $10,000,000.00
  • 7 years and/or fine $500,000.00
  • 4 years and/or fine $20,000.00

Drug Possession Offenses
Eligible for Dismissal Pursuant to MCL 333.7411

  • Any amount of ecstasy (MDMA) or methamphetamine
  • Less than 25 grams of cocaine
  • LSD, peyote, mescaline
  • Marijuana
  • 10 years and/or fine $15,000.00
  • 4 years and/or fine $25,000.00
  • 1 year and/or fine $2,000.00
  • 1 year and/or fine $2,000.00

Drug Use Offenses
Eligible for Dismissal Pursuant to MCL 333.7411

  • Heroin, Cocaine, ecstasy, methamphetamine
  • LSD, peyote, mescaline
  • Marijuana
  • 1 year and/or fine $2,000.00
  • 6 months and/or fine $500.00
  • 90 days and/or fine $100.00

Other Drug Crime Laws

Prescription fraud
Maintaining a drug house
Property subject to forfeiture
Second or subsequent drug crime convictions
Dismissal of drug crimes for first offenders, MCL 333.7411
Dismissal of drug crimes for offenders age 17 but under 21

Some of our success stories include unrelated clients charged in the 40th District Court in St. Clair Shores and the 41A District Court in Sterling Heights who were facing the felony charge of “possession with intent to deliver marijuana”. The charges were eventually reduced to “possession” with a recommendation by the prosecuting attorney for 7411; ultimately resulting in dismissals.

The legal issues associated with drug crimes include snitching or cooperating with the police, forfeiture of assets, suspension of driver’s license and sentence enhancements for repeat offenders. The ABDO LAW FIRM has provided comprehensive representation on behalf of our clients charged with drug crimes throughout Macomb, Oakland, Wayne and St. Clair Counties.