DRUG CRIMES AND MEDICAL MARIJUANA

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People make mistakes. The defense firm of Aaron J. Boria, PLLC defends drug crimes all over Michigan with amazing results.

Whether you are being accused of not following guidelines for medical marijuana, were wrongfully arrested for having prescription drugs, or simply made a mistake with drugs we are here for you.

DRUG CRIMES AND MEDICAL MARIJUANA ATTORNEY

Weather you possessed drugs you shouldn’t have had or you are being accused of possessing medical marijuana in a way you shouldn’t have, the system will treat you like a criminal from the start. The police, prosecution, and judges take drug cases seriously. This is why you need an aggressive criminal lawyer that will aggressively defend you.

A conviction for a drug offense, even a first offense, means the loss of your driver license. If you are in college, or thinking about going to college, a drug conviction will mean the loss of federal student loans. Many employers run background checks and many professional licenses require self-reporting of convictions, a drug conviction could mean the loss of your career.

The criminal defense firm of Aaron J. Boria, PLLC has the experience, knowhow, and fortitude to protect your legal rights and get results. In even some of the worst cases where our clients have truly believed that they were guilty we have been able to obtain dismissals and save them from a criminal conviction.

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Possession of Controlled Substance - Schedule 1 and 2

    What is possession of a controlled substance?

    It is a felony in Michigan under Michigan law, MCL 333.7403, to possess a schedule 1 or 2 controlled substance which include cocaine, heroin, meth, and many prescription narcotics such as hydrocodone and Oxycontin. Marijuana is a schedule 1 controlled substance but is listed in a separate category under the law for possession purposes. A description or possession of marijuana can be found in the toggle below
    The prosecuting attorney must prove the following elements for you to be found guilty of possessing a controlled substance:
    First, that the defendant possessed a schedule 1 or 2 controlled substance. Possession is defined as having actual physical control or the right to control the substance. Possession can be by one person or jointly with more than one person. Merely knowledge of a controlled substance is not enough ton constitute possession under the law.
    Second, that the defendant knew they were possession a controlled substance.
    Third, the weight of the substance must be proven.
    Fourth, that the defendant did not have a valid prescription for the controlled substance.
    Fifth, that the defendant was not otherwise authorized to possess this substance.

    What is the penalty for possession of controlled substance?

    The maximum penalty for possession of a controlled substance depends on the substance.
    Your Michigan driver license will be suspended for a first offense possession of controlled substance under MCL 257.31ge, and you will lose financial aid under federal law 20 U.S.C.§ 1091(r)(1)
    Michigan law, MCL 333.7403(2)(a), controls possessions of cocaine penalties. The penalties have a drastic range based on the amount of cocaine in a persons possession.
  • less than 25 grams is punishable by imprisonment up to 4 years and/or a $25,000.00 fine, MCL 333.7403.(2)(a)(v).
  • 25 to 49 grams is punishable by imprisonment up to 4 years and/or a $25,000.00 fine, MCL 333.7403.(2)(a)(iv)
  • 50 to 449 grams is punishable by imprisonment up to 20 years and/or $250,000.00 fine, MCL 333.7403.(2)(a)(iii)
  • 450 to 999 grams is punishable by imprisonment up to 30 years and/or a $500,000.00 fine, MCL 333.7403.(2)(a)(ii).
  • 1,000 grams or more is punishable by imprisonment up to life and/or a $1,000,000.00 fine, MCL 333.7403.(2)(a)(i).
    For possession of ecstasy, MDMA or methamphetamine the maximum penalty under Michigan law MCL 333.7403(2)(b)(i) is a felony punishable by up to 10 years in prison and a fine of up to $15,000.
    Possession of an analogue drug such as heroin, Valium, Oxycontin, or Vicodin is a felony with a maximum penalty of up to 2 years in prison and a fine of $2,000.00 under MCL 333.7403(2)(b)(ii).

    What are the defenses to possession of a controlled substance?

    If you were not in actual or constructive possession of the controlled substance than you are not guilty.
    If the police entrapped you to possessing the controlled substance than you are not guilty.
    If you had a prescription or otherwise had legal permission to possess the controlled substance than you are not guilty.
    If the substance cannot be proven to be a scheduled 1 or 2 controlled substance than you are not guilty of this crime.
    Prosecution must also prove that police had reason to come in contact with you and to search you. A violation of your rights could mean suppression of the evidence and case dismissed.
    If you are facing possession charges contact drug crime lawyer Aaron J. Boria today. It may be possible to obtain a reduction or dismissal in your case even if you believe you are guilty.

Manufacture and Delivery of a Controlled Substance

    Maybe the most serious drug offense in Michigan is MCL 333.7401, manufacture and delivery of a controlled substance.

    What is manufacture and delivery of a controlled substance?

    To be guilty of manufacturing or delivering a controlled substance the prosecutor must prove the elements contained in Michigan law, MCL 333.7401, beyond a reasonable doubt:
    First, that the defendant manufactures a controlled substance.
    “Manufacture” is a broad term and as defined under Michigan law MCL 333.7106(3) it includes any preparation of a drug right down to packaging.
    Second, the substance being manufactured must be identified.
    Third, that the defendant knew they were manufacturing it.
    Fourth, the weight of the substance must be known.
    Fifth, the defendant was not legally authorized to manufacture the substance.
    Sixth, the defendant was not manufacturing the substance for their own use.

    What is the penalty for manufacture and delivery of a controlled substance?

    A conviction for manufacture and delivery of a controlled substance is a felony in Michigan and could mean years in prison if convicted.
    Your Michigan driver license will be suspended for a first offense manufacture and delivery of controlled substance under MCL 257.31ge, and you will lose financial aid under federal law 20 U.S.C.§ 1091(r)(1)
    MCL 333.7401(2)(d)(i)-(iii) controls the penalties for manufacture and delivery ofmarijuanaThe penalties range from 15 years in prison with a ten million dollar fine for having a 45 kilograms or more, or 200 plants or more, down to 4 years years in prison and a fine of $20,000 for having less than 5 kilograms or fewer than 20 plants.
    MCL 333.7401(2)(a)(i)-(iv) controls the penalties for manufacture and delivery of cocaineThe penalties range from life in prison with a million dollar fine for having a 1,000 grams or more down to 20 years in prison and a fine of $25,000 for having less than 50 grams.

    What are the defenses to manufacturing and delivery of a controlled substance?

    The facts in every case are different, so your case is likely to have defenses unique to it that you will have to discuss with Aaron J. Boria. Here are a few defenses that may apply to your manufacturing and delivery of a controlled substance case.
    The Medical marijuana act would be a defense.
    If the controlled substance wasn't yours, or you lacked possession, you are not guilty.
    If the controlled substance was being made solely for personal use you are not guilty of having the intent to deliver.
    If even one element cannot be proven beyond a reasonable doubt you are not guilty.
    Our firm has successfully defended numerous people charged with this offense and saved them from losing years of their life behind bars. Aaron J. Boria PLLC has the experience needed to defend against Manufacture and Delivery Charges. Contact our office today for a free consultation.

Possession of Marijuana in Michigan

    While Michigan may be a medical marijuana state it is still illegal to use, possess, grow or sell marijuana without a medical marijuana license. Exceeding the limits of the medical marijuana act will also result in being criminal charged. The police, prosecution, and most judges highly oppose marijuana regardless if someone with or without a valid medical marijuana card uses it.

    What is possession of marijuana?

    If you have been charged with being in possession of marijuana, contrary to MCL 333.7403, the prosecuting attorney must prove the following elements for you to be found guilty:
    First, that the defendant possessed marijuana. Possession is defined as having actual physical control of the marijuana or having the right to control the marijuana. Possession can be by one person or jointly with multiple people. Merely having knowledge about the marijuana is not enough for possession under the law.
    Second, that the defendant knew they were possession a controlled substance.
    Third, that the defendant was not otherwise authorized to possess this substance.

    What is the penalty for possession of marijuana?

    Believe it or not, a simple possession of marijuana charge carries sanctions more harsh than those of a drinking and driving offense.
    Being accused of growing or selling marijuana could mean felony charges and prison time if you are convicted.
    The maximum penalty for possessing marijuana is up to a year in jail and a fine of $2,000 under MCL .333.7403(2)(d). A second offense possession of marijuana is a felony with a maximum penalty 2 years in prison and a $4,000 fine.
    A first offense marijuana conviction also means your drivers license will be suspended for six months under Michigan law MCL 257.319e.
    Federal law 20 U.S.C. § 1091(r)(1) makes a student convicted of first offense possession of marijuana ineligible for financial aid for a year.

    What are defenses to possession of marijuana?

    If you were not in actual possession, meaning the marijuana wasn't on your person and it wasn't yours than you are not be guilty of being in possession of marijuana.
    Many times marijuana is found in a car or a shared residence. If the marijuana wasn't yours than you were not in constructive possession of it and are not guilty of possession of marijuana.
    Entrapment may be a defense if the police forced you into a situation where you were possession of marijuana when that isn’t something you would otherwise do.
    If you had authorization to have medical marijuana and you are within the statutes protections than you are not guilty of possession of marijuana.
    The criminal defense law firm of Aaron J. Boria, PLLC has obtained countless dismissals of marijuana convictions. In many cases, we have been able to suppress that a person has been charged with possessing marijuana and even suppress that they ever came in contact with the police. This gives someone who is worried about a background search for employment or getting into school a major advantage.

Medical Marijuana Defense

    Medical marijuana may be legal in Michigan but many police agencies and prosecutors are ignoring the change in the law and still going after law-abiding citizens.
    Failure to follow proper protocol for growing, transporting, and using medical marijuana could mean facing criminal charges as if you were never acting legally. Trying to follow the law or having good intentions is no defense in the eyes of police and prosecution. They are quick to charge possession of marijuana and manufacture and delivery of marijuana. 
    Patients under the Michigan Medical Marijuana Act you are allowed to grow up to 2.5 ounces of usable marijuana. Caregivers can grow up to 12 marijuana plants for five qualifying patients. 
    Unusable portions such as seeds, stalks, and roots do not count toward the amount of usable marijuana you can possess. 
    Your marijuana plants should be kept in an enclosed locked facility.
    If you are facing criminal charges and believe that you were acting legally contact Aaron J. Boria today. We fight for our clients and we get results!

Medical Professionals and Drug Convictions

    Michigan law, MCL 333.16222(3), requires that medical professionals report a drug conviction within 30 days of the entry of that conviction.
    Failure to report a conviction as required will result in administrative action under sections MCL 333.16221 and MCL 333.16226, which can include anything from no action being taken to a full suspension.
    Doctors, Nurses, Pharmacists, Dentists, Dieticians, Chiropractors, Clinical Therapists, and Audiologist all fall under Medical Professionals for the purposes of mandatory reporting for a drug conviction.
    Once the person has reported the conviction the Michigan Health Professional Recovery Program will administer a substance abuse evaluation and require follow up treatment as deemed necessary.
    Avoiding mandatory reporting for Health Care Professionals in Criminal Cases
    It may be possible to use MCL 7411 to avoid a conviction, which would result in the medical professional no longer being required to make a report.
    Winning the case would not result in a conviction. There may be other ways to avoid mandatory reporting that would be based on a case-by-case basis.

“I was charged with two misdemeanors, possession of marijuana and having a fake license. Aaron got both of the charges dismissed!” – Justin in Milford, MI