Drug Possession

Michigan law imposes severe punishment on the possession of a controlled substance, and it is important to set up an aggressive legal defense if you are accused (or even investigated) for the crime. The penalties and consequences for drug possession charges in Michigan vary depending of the substance and amount in possession, but the charges usually include a felony and other permanent effects on your life.

If you are convicted for possession of a controlled substance, you face the following potential penalties that can drastically affect your life:

• From six months in jail to life in prison
• Fines from $2,000 to $1 million
• Suspension of your driver’s license
• Permanent criminal record, which can affect your job and housing
• Revocation of professional license (lawyers, teachers, medical professionals, etc.).

If you have been charged with possession of a controlled substance, it is critical to set up a legal defense as early as possible to preserve your rights and fight the charge. ZAYID LAW has experience defending individuals from the investigation stage through the conclusion of the case. The earlier we get involved, the better position we will be to defend your rights and ensure the best possible outcome.

Penalties for Controlled Substance Possession

Drug possession charges are severe under Michigan law, and the penalties tend to be specific to the substance, amount and other factors. Typically, the larger amount of the controlled substance, the more severe the potential penalties. The penalties are delineated in Section 333.7403 of the Michigan Public Health Code, as outlined below:

• Schedule 1 or 2 Narcotics (e.g. Heroin, Morphine) and Cocaine
  • Charge: Felony
    • 1,000 grams or more: up to life in prison and fines up to $1 million
    • 450-1,000 grams: up to 30 years in prison and fines up to $500,000
    • 50-450 grams: up to 20 years in prison and fines up to $250,000
    • 1-50 grams: up to four years in prison and fines up to $25,000
  • Other Schedule 1, 2, 3, or 4 drugs (other than narcotics or cocaine)
    • Charge: Felony
      • Up to 2 years in prison
      • Fines of up to $2,000.
    • Schedule 5 drugs (ex. LSD)
      • Charge: Misdemeanor
        • Up to 1 year in jail
        • Fines of up to $2,000.
      • Ecstasy, MDMA or Methamphetamine —
        • Charge: Felony
          • Up to 10 years in prison
          • Fines of up to $15,000.

Effects on Your Driver's License

Michigan law requires the suspension of your license when you are convicted of a drug crime. This can cause a severe disruption to your life and may affect your personal and business pursuits. It is important to get experienced legal representation who will analyze the unique circumstances of your case to determine the potential implications to your license based on a drug possession charge.

• First conviction: License will be suspended for 6 months. May be eligible for restricted license after 30 days.
• Second (Subsequent Conviction in 7 Years): License will be suspended for 1 year. May be eligible for a restricted license after 60 days.

See more at https://www.michigan.gov/sos/0,4670,7-127-1627_8665_9078-30054--,00.html

Zayid Law's Strategies to Defend Your Drug Possession Charges

ZAYID LAW recognizes the potential consequences of a drug possession conviction and aggressively defends its clients early and often to preserve their rights and obtain the best possible outcome. If you want to avoid jail, it is important to hire an experienced criminal defense attorney who understands drug possession laws in Michigan and the best defense strategies to fight the charges.

Drug possession charges are usually brought following a discovery of evidence obtained by authorities through a search. ZAYID LAW understands your constitutional rights and knows what to look for in determining whether any rights have been violated in a search. Potential legal defenses we have at our disposal include:

• No possession: You never actually possessed the drug
• No Controlled Substance: The substance was incorrectly identified as a “controlled substance”
• No Knowledge: you did not know that the substance was illegal
• Improper Search: Attacking the way in which the evidence was obtained
  • Illegal Search
  • Invalid Warrant
• Improper Arrest: No Probable Cause
• Illegal Confession: You were not properly read your rights after the arrest

This is not an exhaustive list of defenses, and the sooner you contact ZAYID LAW, the sooner you can consider all of the defenses applicable to the unique circumstances of your case.

Alternative Sentencing Programs

ZAYID LAW has experience pursuing alternative sentencing measures that help you avoid, or at least reduce, jail time, depending on the circumstances of your drug possession charge. Sentencing alternatives in Michigan may include:

• Probation: Sometimes offered instead of jail or in connection with a reduced jail sentence
• Drug Court: An order to complete substance abuse treatment in lieu of jail
• Deferred Sentencing: If you have no prior convictions and meet conditions imposed by the court, you may be eligible for a one-time deferment of your sentencing that will avoid the drug possession charge on your permanent record;
• Delayed Sentencing: Allows you to avoid jail if you meet conditions imposed by the court, however, the charge will remain on your criminal record.