In Michigan, marijuana is listed as a schedule 1 controlled substance. A substance is listed as schedule 1 when it is considered highly addictive by the government and has no accepted medical use. Even with the passage of Michigan’s Medical Marihuana Act unlicensed use is still considered a schedule 1 controlled substance. If you do not have a medical marihuana card marijuana criminal charges can be harsh, which is why you need a knowledgeable Michigan criminal lawyer to fight for you.
Even with the passage of the Michigan Medical Marihuana Act judges continue to take a very conservative position on marijuana and issue severe punishments even for minor use and in some cases try to prosecute users with medical marihuana cards. Prosecutors also take a very serious position against marijuana users and prosecute to the fullest extent allowed by law. Do not believe for a minute that the system will go easy on you for “just having some pot.”
We are Michigan marijuana defense lawyers that defend all kinds of marijuana and other drug cases all over Michigan. We challenge the reasons why the police stopped you. We make sure that the police did not exceed the length of time they were legally allowed to detain you. We make sure that the police did not violate your rights by searching you, your home, your car, or anywhere else. If you have been charged with a crime contact Michigan criminal lawyer, Aaron J. Boria today.
We get great results because we fight for our clients and are not afraid to go to trial. Call (734) 453-7806 today!
Below is a list of common offenses, what the prosecutor must prove against you, and potential punishments. If you have been charged with a drug crime contact a Michigan marijuana lawyer right away.
Common Michigan Marijuana offenses:
Use of Marijuana:
Unlicensed use of marijuana is a misdemeanor can be found at MCL 333.7404, and is punishable by imprisonment of up to 90 days, a fine of up to $100 plus the cost of arrest and prosecution, or both.
In a use of marijuana case the prosecutor would have to prove beyond a reasonable doubt that you used marijuana, that you knew you were using marijuana, and that you did not have a prescription or were not authorized by law to use it.
Having a Michigan criminal lawyer can make all the difference in a Use of Marijuana case. In order for the prosecution to show that marijuana was in your system they will probably have to pull your blood. If the blood results reveal that you did not have active THC in your system but instead have an inactive metabolite (produced by digesting the THC) recent case law says you cannot be prosecuted. Many prosecutors will not tell you this and will try to prosecute you anyway, which is why you should have a marijuana lawyer with you at court.
It is also possible that chemical testing results will reveal that the level of THC in your system was so low that the machine doing the detecting could be wrong. If the evidence against you cannot prove guilt beyond a reasonable doubt you should be found not guilty. It is also possible to challenge the science behind marijuana testing on a motion and have your case dismissed. Having a knowledgable criminal defense lawyer can make all the difference when you are facing a criminal conviction.
Possession of Marijuana
In order to prove a charge of possession of marijuana, the prosecutor must prove that you (1) knowingly (2) had control over the marijuana (3) without a license or lawful permission.
Prosecutor will often try to prove that a person had knowledge that he or she had marijuana if it is in the person’s home or car and in plain view for the person to see.
Evidence that the prosecution will use to try to establish that the person had control over marijuana can include finding the substance in one of the defendant’s personal drawers at his or her house. Control may also be proven if the person consented to marijuana being placed in his or her car or home.
Possession of Marijuana Defense Lawyer
Even if a controlled substance is found in a person’s home, the prosecutor may not be able to prove that the marijuana was yours, particularly if the person charged with the crime does not live alone. It may be impossible for the prosecutor to show that you knew that the controlled substance was there. Remember, it is the prosecutors job to prove guilt, not your job to prove innocence, so make sure you have a Michigan criminal lawyer fighting for you.
Other defenses include the attack from a legal stand point as to if the police had a reason to stop you, detain you, search you or your belongings. Remember, the police frequently break the law and as a result the evidence the gain against you should be suppressed and in a drug crime that is usually all they have.
Possession Marijuana punishment
If a person is found guilty of possession of marijuana, the offense is a misdemeanor punishable by a prison sentence of up to 1 year, a fine of up to $2,000, or both.
Possession with the Intent to Deliver Marijuana:
To prove a charge of manufacturing or delivering marijuana, or possessing marijuana with the intent to deliver, a prosecutor must prove beyond a reasonable doubt that you (1) possessed marijuana, as well as the amount that you possessed, (2) the you were not authorized to possess the marijuana, and (3) intended to deliver or sell it.
Evidence that the prosecutor will try to use to prove your intention was to deliver or sell a controlled substance could include evidence that the marijuana was divided and separately packaged, or the prosecutor may try to show the quantity was too large for personal consumption.
Possession with the Intent to Deliver – Punishment
If the defendant is found guilty of possessing marijuana with the intent to grow or deliver, the punishment depends on the amount of marijuana involved.
If the defendant had less than 5 kilograms (about 11 pounds), or fewer than 20 marijuana plants, the punishment can be a prison sentence of up to 4 years, a fine of up to $20,000, or both.
If the defendant had more than 5 kilograms but less than 45 kilograms (about 99 pounds), or 20 or more plants but less than 200 plants, the punishment is a prison sentence of up to 7 years and/or a fine of up to $500,000.
If the defendant had 45 kilograms or more, or more than 200 plants, the punishment is a prison sentence of up to 15 years and/or a fine of up to $10,000,000.
Marijuana Licensing Sanctions and Federal Aid:
Your license can be suspended for 6 months on a first offense and 1 year on a second offense for a marijuana conviction. As Michigan marijuana lawyers, we have ways of dealing with this issue. In many cases we can prevent a license suspension all together and in many other situations we can retain some driving privileges during the suspension.
Federal aid is suspended on the first offense for 1 to 2 years and can be revoked depending on the offense on a second offense. Again, in many situations we can prevent a person from losing their federal aid for a marijuana conviction.
Keeping a Marijuana Conviction off of your Record:
There are many ways that we can keep a marijuana conviction off of your record. Programs like HYTA, 7411, 7111, and more allow you to keep the record a secret. This means no loss of license or federal aid.
If you have been charged with a marijuana crime don’t call any Michigan criminal lawyer, call a Michigan marijuana lawyer that will fight for you. Call Aaron J. Boria (734) 453-7806.