Drug Busts in Port Huron
Police in Port Huron, Michigan have made multiple arrests recently for possession of cocaine with intent to deliver. A man and a woman were arrested on July 16 with cocaine allegedly packaged for sale, while a group of 8 people were arrested on July 24 with cocaine valued at about $750. If they are found guilty, the amount of cocaine seized will likely determine their punishment.
In Michigan, cocaine is listed as a schedule II substance. A substance is listed as schedule II when it is highly addictive, but is approved for medical use with severe restrictions. While possession of cocaine without authorization is a crime, possession with the intent to distribute cocaine is much more severe.
Possession with the Intent to Deliver
To prove a charge of possession or cocaine with the intent to deliver, a prosecutor must prove beyond a reasonable doubt that the defendants had cocaine, the amount of cocaine, that the defendant was not authorized to possess or deliver it, and that the person intended to deliver or sell it.
Whether the prosecutor can prove possession of cocaine with intent to deliver beyond a reasonable doubt that the Port Huron defendants intended to sell cocaine will depend on the evidence such as if it were divided and packaged cocaine or packaging materials. Evidence may also include whether the defendants had the tools needed to consume the cocaine themselves or had far too much to do so.
Punishment Possession of Cocaine with Intent to Deliver
If the defendants are found guilty, their punishment will depend on the weight of cocaine found during the arrest. Regardless of the weight, possession of cocaine with the intent to distribute is a felony.
If the defendants had 1000 grams or more, about 2 and 1/5 pounds, the offense is punishable by up to life in prison, a fine of up to $1,000,000.00, or both.
If they had 450 grams or more, about 1 pound, but less than 1000 grams, it is punishable by a prison sentence of up to 30 years, a fine of up to $500,000.00, or both.
If they had 50 grams or more, about 1/10 pound, but less than 450 grams, they may be sentenced to a prison sentence of up to 20 years, subject to a fine of up to $250,000.00, or both.
If they had less than 50 grams, the offense is a felony punishable by a prison sentence of up to 20 years, a fine of up to $25,000.00, or both.
Find a Criminal Defense Attorney
If you have been charged with possession with the intent to distribute or another crime, contact Aaron J. Boria, PLLC. Aaron Boria is a criminal defense attorney in Oakland County and has handled hundreds of cases across Southeast Michigan. Call today (734) 453-7806