Possession of Marijuana Michigan
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.
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. 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 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.
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.
For more information about marijuana charges in Michigan click here for our main page.
Marijuana defense lawyer:
Use of Marijuana:
Unlicensed use of marijuana is a misdemeanor 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.
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
Even if a controlled substance is found in a person’s home, it may not be enough to prove that you had control over the substance, particularly if the defendant does not live alone. It also may not be enough to prove that you knew that the controlled substance was there.
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. We have ways of dealing with this issue.
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.
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.
