An individual may be faced with harsh penalties in Michigan if they are charged with the use of a controlled substance. Michigan Law, MCL 333.7404, Controlled Substances are drugs that have been deemed not for human use unless prescribed by a medical provider. 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 MCL 333.7411.
According to the US Bureau for Justice Statistics, 1,841,200 people (about the population of Wayne County) in the U.S. were arrested due to drug abuse charges in 2007.
Under Michigan law, whether an individual has used a controlled substance is a fact-specific question. Michigan law defines “use” beyond just having it on your person. An individual can be charged with use of a controlled substance if they knew it was a controlled substance when it was being used.
These serious criminal penalties can be amplified even more depending on several factors such as:
- Where the crime was committed (proximity to parks, churches, schools, businesses, etc.);
- If a person has any prior drug crime convictions;
- If the offense was committed in the presence of a minor; and
- If any other criminal offenses were committed simultaneously with this crime.
When it comes to criminal charges, drugs are categorized into five separate groups known as “Schedules” numbered 1 through 5. The lower the number is, the more serious the drug crime is. Schedule 1 drugs are defined as, “
Here is a list of what schedule some common drugs fall under:
- Heroin
- Ecstasy
- Psilocybin (Halogenic Mushrooms)
- MDMA
- Peyote (mescaline)
- Lysergic acid diethylamide (LSD)
- Cocaine
- Phencyclidine (PCP)
- Opiates (Morphine, Codeine, Oxycodone, Fentanyl)
- Hydrocodone mixed with aspirin
- Ketamine
- Lower doses of morphine
- Benzenediamine
- Barbituric acids
- Valium
- Xanax
- Ambien
- Ativan
- Tramadol
- Lorazepam
- Diazepam
- Phenobarbital
- Over-the-counter drugs that contain ephedrine or codeine
The general penalties for controlled Substance-use offenses can be found in the chart below.
Type of Offence | Penalty | Michigan Law |
Use of any schedule 5 controlled substance OR
| Misdemeanor, punishable by up to 6 months in jail, fines of up to $500, or both. | schedule 5 definition: |
Use of a schedule 1, 2, 3, or 4 controlled substance | Misdemeanor, punishable by up to 1 year in jail, fines of up to $1,000, or both. | schedule 1 definition schedule 2 definition schedule 3 definition schedule 4 definition |
Use of a Schedule 1 or 2 Narcotic | Misdemeanor, punishable by up to 1 year in jail, fines of up to $2,000, or both. | schedule 1 definition schedule 2 definition |
Although these charges can be very serious, there are several possible defenses that can keep someone’s record clean. Some of these defenses include but are not limited to:
- A lack of knowledge that the drug was present;
- Being an innocent person in the proximity of the drug;
- An illegal search and/or seizure;
- Having a presence in a place where drugs are present but not using them; and/or
- Legal medical use.
If you or someone you know is dealing with a controlled substance-use 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.