What are the penalties for drug possession in Michigan?

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Question:

What are the penalties for drug possession in Michigan?

Answer:

The state of Michigan divides drug possession charges into various levels depending on the details of the crime, and each carries a specific penalty in proportion to its severity. The minimal charge for the least-serious offense is generally a fine of $100 or so, while the most serious offenses can result in life in prison and fines in the hundreds of thousands of dollars.

The list below outlines two common drugs, as well as possible offenses involving each, and their consequences according to Michigan law.

Marijuana

  • Possession - Michigan is somewhat unusual in that the court does not differentiate much between amounts; for example, possessing a small amount of marijuana, or a large amount, tends to result in the same sentence. Possession in general usually leads to a misdemeanor charge, a fine of $2,000, and up to one year in jail.
  • Use - Smoking marijuana is a misdemeanor that results in a fine of $100 and up to 90 days in jail, although this charge can typically be pled to community service. Smoking marijuana in a park, however, can be escalated to a felony with two years in prison.
  • Sale - Selling marijuana is typically a felony crime with a minimum of four years in prison. Interestingly, giving someone marijuana is classified as possession only and carries the same sentence as possessing it for your own use.

Cocaine

  • Possession - Under 25 grams results in a sentence of four years in jail and/ or a fine of $25,000. From 25 to 50 grams nets four years in prison (and at least one year), and a fine up to $25,000, as well as possible probation for life. The penalties increase up to 25 years to life imprisonment for amounts over 650 grams.
  • Sale - This is a felony charge and results in penalties ranging from a year in prison and/ or  a $25,000 fine, up to 20 years to life imprisonment, based on the amount.

As you can see, Michigan's system of penalties for drug possession charges is a bit unusual, and there are some potentially serious consequences to these charges. If you are charged with possession in Michigan, you should strongly consider speaking with a lawyer to understand what penalties you face and what your options are. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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