An individual may be faced with several penalties in Michigan if they are charged with the Possession or sale of Drug Paraphernalia. When faced with the possibility of such serious penalties, having a skilled attorney to help you prepare and defend your case is necessary to obtain the best possible outcome. First offenders may have the opportunity to be placed on probation and/or enter a rehabilitation program under Michigan Law, MCL 333.7411.
Under Michigan Law MCL 333.7451, the possession or sale of “Drug Paraphernalia” is illegal. “Drug Paraphernalia” is defined as any equipment, product, material, or combination of those used with a controlled substance for any of the following:
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Michigan Law states that most devices must be designed specifically for use involving the drug. Additionally, the law lays out specific examples of drug paraphernalia:
Items that are used in the process of manufacturing or storing drugs, such as:
- An “isomerization device” that is used for increasing the potency of any species of plant from which a controlled substance can be derived.
- Testing equipment that is used for identifying or analyzing the strength, effectiveness, or purity of a controlled substance.
- A weight scale or balance that is used for weighing or measuring a controlled substance.
- A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, when used with a controlled substance.
- A “separation gin” or “sifter” that is used for removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.
- A kit that is used for planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
- A kit that is used in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
- A device, commonly known as an “automotive safe”, that is used to carry and conceal a controlled substance in an automobile, such as a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
Items that are used for ingesting, inhaling, or otherwise introducing controlled substances into the human body, such as:
- A device, commonly known as a “cocaine kit”, which consists of at least a razor blade and a mirror;
- A spoon, that is attached to a small bowl that is used for taking a controlled substance into a user’s body;
- A device, commonly known as a “bullet”, that is used to take a measured amount of a controlled substance into a user’s body;
- A device, commonly known as a “snorter”, that is used to take a small amount of controlled substances to the user’s nose;
- Any object used for taking marihuana, cocaine, hashish, or hashish oil into the human body.
Under Michigan law, whether an individual had possession of drug paraphernalia is a fact-specific question. Michigan law defines possession beyond just having the drug paraphernalia on your person. An individual can be charged with possession of drug paraphernalia if they had the items in their control or had the right to exercise control over the items.
However, Under Michigan Laws, MCL 333.7453 and MCL 333.7461, before an individual can be arrested and charged for selling drug paraphernalia, the Attorney General or local prosecutor must send them a letter telling them to stop selling the items in question within two days. From there, the individual can either stop selling the items, or challenge the notice in court, and argue that the product that they are selling is not drug paraphernalia. If the court rules that the items being sold are not drug paraphernalia, the individual may continue to sell those items. If the individual does not challenge the notice in court, or if the court rules that the items in question are drug paraphernalia, the individual must stop selling those items within the two days given, or they can be arrested and charged.
The general penalties for Possession or Sale of Drug Paraphernalia offenses can be found in the chart below:
Type of Offence | Penalty | Michigan Law |
Possession or Sale of drug paraphernalia | Misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000, or both. | |
Sale of drug paraphernalia to a minor | Misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $7,500, or both. |
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Although these charges can be very serious, there are several possible defenses for possession or sale of drug paraphernalia that can keep someone’s record clean. Some of these defenses include but are not limited to:
- A lack of knowledge that the drug paraphernalia was present or that it is considered drug paraphernalia;
- Being an innocent person in the proximity of the drug paraphernalia;
- An illegal search and/or seizure;
- Having a presence in a place where drug paraphernalia is present but not using, possessing, or selling it;
- Legal, government-approved, and licensed use;
- Ceasing the sale of the drug paraphernalia after being notified under MCL 333.7453; and/or
- Getting a judgment under MCL 333.7461, that the items in question are not drug
If you or someone you know is dealing with a Possession of Drug paraphernalia-related charge, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.