Michigan Criminal Lawyer Blog
Over 20,000 drug crime incidents each year in Michigan
Drugs are classified according to schedules in the Michigan Controlled Substance Act. The Controlled Substance Act labels the most dangerous and addictive drugs as Schedule 1 narcotics. Drug crimes and their corresponding penalties are also found in the Michigan Controlled Substance Act and the Michigan Penal Code. The penalties for drug crimes vary depending upon the drugs involved and whether the offender was involved in delivery, trafficking, manufacturing, possession or merely using drugs. Delivery and manufacturing Schedule 1 narcotics carry the greatest drug crime penalties. This publication is dedicated to the topic of drug crimes in Michigan and covers some of the most frequently asked legal questions with respect to drug crimes:
- What are the penalties for a drug crime?
- Can my drivers license be suspended for a drug crime?
- When can the police search my vehicle?
- Can a case be dismissed if someone else is willing to take the rap in the court system?
- Should I do undercover work (snitch/cooperate) if I am facing a drug crime?
- Can I be charged with maintaining a drug house if I was in my car?
- Do I lose my rights to possession a firearm if I am convicted of a felony drug crime
- Do I lose my rights to Carry a Concealed Pistol (CPL) if I am convicted of a misdemeanor drug crime?
- How does the law “7411” help me if I am charged with a drug crime?
Drug problems do not discriminate and we all know someone very close to us that has struggled with a drug problem. In our experience, the Macomb County Courts have long adopted a philosophy and culture to foster rehabilitation and not to punish someone for a drug crime.
Throughout Michigan, there are over 20,000 criminal drug violations of the the Controlled Substance Act each year. This does include thousands of other incidents for theft crimes, gun crimes and violent crimes related to drug use and addiction. The Metro-Detroit region, consisting of Macomb, Oakland and Wayne Counties has the highest number of drug crimes based upon Michigan State Police Statistics. We base this article on our firm’s experience defending client’s charged with misdemeanor and felony drug crimes in the Macomb County District Courts:
- 37th District Court (Warren, Centerline)
- 38th District Court (Eastpointe)
- 39th District Court (Roseville, Fraser)
- 40th District Court (St. Clair Shores)
- 41A District Court (Shelby Township, Utica, Macomb Township)
- 41A District Court ( Sterling Heights)
- 41B District Court (Clinton Township, Harrison Township, Mount Clemens)
- 42-1 District Court (Romeo, Washington Township)
- 42-2 District Court (New Baltimore, Chesterfield Township)
If you are being charged or investigated for a drug crime, do not hesitate to contact an attorney that specializes in criminal law for guidance. Drug crimes are often management and and can be resolved with no jail and a dismissal of the original criminal charge(s). The most important things that the prosecutor and court will consider is whether someone is maintaining abstinence and involved in substance abuse treatment:
- In-patient treatment
- Outpatient treatment or an intensive outpatient program
- Passing drug tests
- Attending AA/NA meetings or other support group
More drug crimes involve prescription medications: MAPS allows law enforcement to track prescribed medications
Marijuana is legal for recreational purposes in the same way as alcoholic beverages and it is no longer a crime to possess or use marijuana. However, a high number of the drug crimes that we handle in the Macomb County Courts are for illegal possession of prescription medications. Unfortunately, various pain and psychotropic drugs can be obtained on the streets or very close to home. It is a felony for a person to possess a prescription medication that does not match up to a valid prescription. The excuse that your grandma left her prescription in your car will not work and you can face felony drug charges for having someone else’s prescribed medications in your possession.
Michigan has a system known as the Michigan Automated Prescription System (MAPS). MAPS is a prescription monitoring program used to track controlled substances, schedules 2-5 drugs. It is a tool used by prescribers and dispensers to assess patient risk and is also used to prevent drug abuse. The MAPS system is also widely used by law enforcement agencies.
Drug crime penalties: Use, Possession, Delivery, Possession with Intent to Deliver
Again, this publication is packed full of useful information regarding drug crimes . First of all, the seriousness of a drug crime will depend upon its classification in the Controlled Substance Act. All drugs in Michigan are classified from Schedule 1 to Schedule 5 pursuant to MCL 333.7212 of the Michigan Public Health Code. The breakdown of drugs into schedules is based upon the drug’s potential for abuse/addiction. Schedule 1 drugs, such as heroin and methamphetamine, are considered the most dangerous/addictive/abusive and carry the harshest criminal penalties. In addition to drug classifications, Michigan laws breakdown drug crime penalties based upon the type of conduct associated with drugs. Activity that involves delivery/trafficking drugs carries bigger penalties than merely possessing or using drugs.
Penalties for Delivery or Possession with Intent to Deliver Drugs: The most serious drug crime criminal penalties are reserved for offenders convicted of delivery, or trafficking, drugs. All drugs crimes associated with delivery, or possession with intent to deliver, are felonies.
| Ecstasy/MDMA
Methamphetamine Heroin Cocaine Oxycodone Analogues, Adderall, Xanax LSD Psilocybin |
Felony
Felony Felony Felony Felony Felony Felony Felony Felony
|
Maximum Penalty
20 years, $25,000 fine 20 years, $25,000 fine 20 years, $25,000 fine 20 years, $25,000 fine 4 years, $25,000 fine 7 years, $10,000 fine 2 years, $2,000 fine 2 years, $2,000 fine
|
Just because someone is charged with a drug crime that contains the element of “delivery” does not mean that they face jail or become a convicted felon. If you find yourself in this position, it is wise to contact a local criminal defense lawyer for guidance and a plan to fight the case and avoid a conviction for drug trafficking.
Penalties for Possession of Drugs (not involving delivery): Possession of illegal drugs can be charged as either a felony or misdemeanor, depending upon the classification of the drug(s) involved.
| Drug Crime
Possession Ecstasy Possession Meth Possession Heroin Possession Cocaine Possession Oxycodone Possession Analogues Possession LSD Possession Psilocybin Possession Parphernalia |
Classification
Felony Felony Felony Felony Felony Felony Misdemeanor Misdemeanor Misdemeanor |
Maximum Penalty
10 years, $15,000 fine 10 years, $15,000 fine 4 years, $25,000 fine 4 years, $25,000 fine 4 years, $25,000 fine 2 years, $2,000 fine 1 year, $2,000 fine 1 year, $2,000 fine 1 year, $2,000 fine |
Other drug crime links:
Other important drug crime provisions of law
A drug crime conviction will result in license suspension. An individual convicted of a felony drug crime will not be able to own or possess a firearm. However, there are special provisions of law that we can use to get drug crimes dismissed as we explain in more detail below.
- Driver’s license suspension: There are mandatory driver’s license sanctions imposed when a person is convicted of a drug crime. For a first time drug crime conviction, driver’s license suspension is for a period 180 days with possible restrictions after the first 30 days. A second time drug crime conviction will result in mandatory suspension for a period of 1 year with possible restrictions after serving the first 60 days with no driving. License sanctions do not apply when a drug crime is resolved pursuant to HYTA or MCL 333.7411.
- Concealed Pistol License (CPL): A person convicted of a misdemeanor drug crime will not be able to apply for a CPL for a period of three (3) years. A person convicted of any felony, including all felony drug crimes, will not be able to own or possess a firearm pursuant to both State of Michigan and Federal laws.
- Double penalty for second drug crime conviction: A second drug crime conviction is subject to enhancement under MCL 333.7413 with the potential for double penalty as to incarceration and fines. This can lead to harsh consequences when a person is charged with a drug crime otherwise classified as a misdemeanor, such as possession of marijuana. A second possession of marijuana conviction would constitute a felony (2 years maximum sentence) if enhanced by the prosecutor pursuant to MCL 333.7413. In our experience as criminal and drug crime defense lawyers, the Macomb County Prosecutor’s Office does not hesitate to utilize the double penalty provision when charging for repeat drug crimes.
- MCL 333.7411: Disposition of a drug crime pursuant to MCL 333.7411 will result in a dismissal of the drug crimes for eligible first offenders. 7411 only applies to drug crimes that involve “possession” or “use“. 7411 does not apply to any drug crimes involving the activity of manufacturing or delivery. In addition, 7411 may be only used once in a person’s lifetime.
- HYTA: Disposition of a drug crime pursuant to HYTA results in a dismissal of the drug crime with no public record of the proceedings. HYTA allows youthful offenders to get many types of criminal charges dismissed upon successfully completing probation.
- Expungement: Almost every drug crime, except for the most serious, are eligible for expungement.
There is no need to get an expungement of a case that is resolved pursuant to MCL 3333.7411 or HYTA because there is no adjudication of guilty with these dynamic provisions of law.
Legal grounds to search a person or vehicle without a warrant
Based upon Michigan laws, a search may occur without a warrant under these circumstances:
- Plain view: Objects found in plain view are subject to seizure without any further justification provided that the law enforcement officer has acted legally.
- Consent: The police do not need a warrant or probable cause to search a person or vehicle if they obtain the consent of the party.
- Smell of drugs: The Michigan Supreme Court has held that the smell of something illegal is like plain view and have said “plain smell”, can justify a search of a car without a warrant.
- Search incident to an arrest: If criminal conduct is discovered following a traffic stop, such as a person driving on a suspended license, the police may conduct a search of the person and an inventory search of the vehicle incident to the arrest. (Driving on a suspended license (DWLS) is a crime, not a civil infraction.
YouTube Video, I Don’t Consent to Searches: https://www.youtube.com/watch?v=3kVX6NIPzB0
Police don’t always play fairly and use plain view and/or consent to accomplish a search without a warrant.
We know the police often say that drugs or other illegal property is in plain view when it is actually well hidden and not in plain view. Seldom are there sufficient grounds to prove an illegal search unless there is a witness or video of the police misconduct. Consent searches are also an area of contention that sometimes demand a closer look especially when consent is obtained based upon coercion or threats. Some tactics used by the police to get a party’s consent:
- Threat to obtain a search warrant.
- Threat to get the K-9 dogs to sniff out the dope.
- Claim by police that person or car smells like marijuana but want to obtain consent as a second means to validate a search.
HELP: I did not have drugs in my possession but the police charged me with possession!
In the eyes of the law, there is such a thing as being at the wrong place at the wrong time. When the police find marijuana or other illegal property in a vehicle, they may opt to charge only one party, or every party/occupant that can be said to be in “possession” or control of the property.
Actual possession: A person caught red handed with marijuana hidden in his clothing (pocket, bra) is in actual possession and would have a hard time proving otherwise.
Constructive possession: Constructive possession means a person had knowledge of the substance and an ability to control it. This differs from actual possession and would encompass situations where drugs are not found on a person but in an area within his control. For example, assume the police find marijuana or drugs in what we call a “common area” (under a passenger seat, ashtray or on the floor). In these scenarios, the police may charge every occupant with possession under the theory of “constructive possession”.
One person willing to take the blame: In other drug cases that wind up in the system, we may have a single party that is willing to take the rap for others. Under the circumstances, the prosecutor can still argue joint possession or that the party taking the blame lacks credibility.
Should I do cooperate with the police/provide undercover work if I am facing drug charges or get a lawyer and go with the court option?
The police may offer leniency or some concession on the drug charges in exchange for cooperation, or what is commonly known as snitching. Undercover drug operations are dangerous and a favorable deal by the police is not assured. Furthermore, undercover activities are often done outside of the court system and without the protection of a lawyer.
The advice of an experienced criminal defense lawyer is crucial when confronted with this option. Engaging in undercover drug deals is not within the comfort zone of most of our Macomb County suburban clients. In fact, our clients have chosen the court option as opposed to snitching more than 90% of the time. In addition, clients have retained our firm following a frustrating episode of cooperation/snitching.
What does it mean if I am charged with maintaining a drug house?
The prosecutor can raise the stakes on mere drug possession charges by adding an additional serious criminal charge known as “maintaining a drug house” when a person:
Knowingly maintains a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances.
Maintaining a drug house is considered a high court misdemeanor in Michigan that punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both. For many purposes, it is viewed as a felony because the punishment consequence is greater than 1 year.