Possession of a Controlled Substance in Michigan

All states, including Michigan, regulate and control the possession of controlled substances, though each state differs in its exact definitions and the penalties for drug possession.

This article reviews Michigan's classifications of controlled substances and the penalties for illegal possession. For information on permitted possession and use of recreational and medical marijuana, check out Michigan Marijuana Laws.

How Michigan Classifies Controlled Substances

Michigan divides controlled substances 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.

Examples of controlled substances included in each schedule are listed below.

• Schedule 1: heroin, LSD, peyote, ecstasy, BZP, marijuana
• Schedule 2: morphine, meth, oxycodone, cocaine, fentanyl
• Schedule 3: benzphetamine, barbituric acids, ketamine
• Schedule 4: lorazepam, diazepam, phenobarbital, flunitrazepam
• Schedule 5: small amounts of codeine mixed with nonnarcotics (such as cough syrups or cold medicines)

These classes also determine the applicable penalties for illegally possessing or selling specific controlled substances. To find out how other drugs are scheduled, talk to an attorney or consult the Michigan Compiled Laws (Chapter 333, Public Health Code, article 7).

(Mich. Comp. Laws §§ 333.7212, 333.7214, 333.7216, 333.7218, 333.7220 (2024).)

What Are the Penalties for Drug Possession Crimes in Michigan?

Possession of a controlled substance is illegal without a valid prescription. Penalties vary according to the amount and type of controlled substances involved.

Possession of Schedule 1 or 2 Narcotic Substances and Cocaine

Penalties for illegal possession of a schedule 1 or 2 narcotic substance (such as heroin or morphine) or cocaine vary according to the amount involved.

• 1,000 grams or more: penalty of up to life in prison, a fine up to $1,000,000, or both
• 450 to 1,000 grams: penalty of up to 30 years in prison, a fine up to $500,000, or both
• 50 to 450 grams: penalty of up to 20 years in prison, a fine up to $250,000, or both
• less than 50 grams: penalty of up to 4 years in prison, a fine up to $25,000 fine, or both

Possession of Ecstasy and Methamphetamine

Penalties for illegal possession of ecstasy or methamphetamine include a fine of up to $15,000, up to 10 years in prison, or both.

Possession of Other Schedule 1, 2, 3, and 4 Substances

Illegally possessing any other schedule 1, 2, 3, or 4 controlled substance not otherwise listed above (and excluding marijuana) can incur a fine of up to $2,000, imprisonment of up to two years, or both.

Possession of LSD, Peyote, Psilocybin (Psychedelic Mushrooms), and Schedule 5 Substances

Illegal possession of the following controlled substances is a misdemeanor punishable by not more than one year's imprisonment, a $2,000 fine, or both: LSD, peyote, mescaline, dimethyltryptamine, psilocin, psilocybin, or a schedule 5 drug.

Possession of Marijuana

Possession of more than 2.5 ounces of marijuana or 12 marijuana plants by an adult 21 or older can result in civil fines or criminal penalties. If the person possesses more than two times these amounts, the penalty is a misdemeanor. Possession of unauthorized amounts under this threshold results in civil fines for first and second offenses and a criminal conviction for a third offense. Underage possession carries separate penalties.

(Mich. Comp. Laws §§ 333.7401b, 333.7403, 333.27954, 333.27955, 333.27965, 750.504 (2024); People v. Kejbou, 2023 WL 6520769.)

Does Michigan Have a Good Samaritan Overdose Prevention Law?

Yes, Michigan has a Good Samaritan law for a person who seeks medical assistance for oneself or someone else experiencing a drug overdose. The protection from prosecution, however, is limited to possession crimes in amounts for personal use.

(Mich. Comp. Laws § 333.7403 (2024).)

Talk to an Attorney

Convictions for controlled substance crimes incur heavy fines and long periods of incarceration. A criminal defense lawyer can review the facts of your case, explain your options, and advise you of the possible consequences. Ask for a public defender if you can't afford a private attorney.