All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Michigan classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the manufacture and sale of CDS only. Possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in Michigan.
Also, while considered a CDS, this article does not cover Michigan’s marijuana possession and sale laws. To learn more about that topic, see Michigan Marijuana Laws.
How Michigan Classifies CDS
Michigan divides CDS into five “schedules.” Schedule 1 lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules 2, 3, 4, and 5 decrease in dangerousness and probability of abuse; and increase in recognized medical uses.
These classes are also used to determine the applicable penalties for illegally making or selling specific CDS (described in the next section). If you’ve been arrested for illegal CDS possession, you’ll need to consult the Michigan Code that lists precisely which drugs fit into each group. Go to the statute (Mi. Comp. Laws Ann. § 333.7212, -7214, -7216, -7218, & 7220.) and find the substance you're charged with possessing -- it will be listed under one of the five classes.
Penalties for Making or Selling CDS
It is illegal in Michigan to make, sell, or possess CDS with the intent to do these things, with few exceptions, such as a doctor who legally prescribes a prescription medication. Penalties vary according to the schedule of the CDS involved. (Mi. Comp. Laws Ann. § 333.7401.)
Schedule 1or 2 narcotic substances and coca derivatives
Penalties for making or selling schedule 1 or 2 narcotic substances (such as heroin or morphine) vary according to the amount illegally made or sold.
- 1,000 grams or more incurs a fine of up to $1,000,000, up to life in prison, or both.
- 450 grams or more, but less than 1,000 grams incurs a fine of up to $500,000, up to 30 years in prison, or both.
- 50 grams or more, but less than 450 grams incurs a fine of up to $250,000, up to 20 years in prison, or both.
- Amount less than 50 grams incur a fine of up to $25,000, up to 20 years in prison, or both.
Ecstasy and methamphetamine
Penalties for making or selling ecstasy or methamphetamine include a fine of up to $25,000, up to 20 years in prison, or both.
Other schedule 1, 2, and 3 substances
Making or selling any other Schedule 1, 2, and 3 substances (excluding marijuana) incurs a fine of up to $10,000, up to seven years in prison, or both.
Schedule 4 substances
Penalties include a fine of up to $2,000, up to four years in prison, or both.
Schedule 5 substances
Penalties include a fine of up to $2,000, up two years in prison, or both.
Fraudulent Prescription Forms
It is illegal for nondoctors to use a prescription form (or to counterfeit one) to obtain CDS, or for doctors to prescribe CDS for nonmedical purposes. Penalties include a fine of up to $5,000, up to seven years in prison, or both.
Talk to an Attorney
CDS manufacture or sale convictions incur both heavy fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.
