Drug Crimes Defense

Drug charges in Michigan range from minor civil infractions to major felonies carrying decades in prison, often depending on the type of substance involved, the quantity, and whether the prosecution can prove intent to deliver. The stakes vary enormously, and so do the defense strategies. Michigan also offers meaningful diversion and treatment alternatives for qualifying defendants that can result in dismissal and no conviction on your record, but accessing those options requires knowing they exist and having an attorney who can navigate the process effectively.

Michigan Drug Charges We Handle

• Possession of a Controlled Substance: MCL 333.7403; penalties vary by schedule and amount
• Possession with Intent to Deliver (PWID): MCL 333.7401; felony charges based on drug type and quantity
• Delivery / Manufacturing of a Controlled Substance: MCL 333.7401; up to life in prison for the largest quantities
• Drug Conspiracy: agreement to commit a drug offense; charged as the underlying offense
• Maintaining a Drug House: MCL 333.7405; keeping premises for drug use or distribution
• Possession of Drug Paraphernalia: MCL 333.7451; misdemeanor
• Prescription Drug Fraud: obtaining controlled substances by fraud, forgery, or doctor shopping; MCL 333.7407
• Heroin / Fentanyl Possession or Delivery: Schedule I; among the most seriously prosecuted drug offenses
• Cocaine / Methamphetamine Charges: Schedule II; felony possession and enhanced delivery penalties
• Ecstasy / MDMA Charges: Schedule I; felony
• Federal Drug Charges: DEA or FBI investigations involving large quantities, trafficking, or interstate distribution

Michigan Drug Penalties by Schedule and Amount

Michigan classifies controlled substances into Schedules I through V, with Schedule I (heroin, LSD, ecstasy) carrying the most serious penalties and Schedule V the least. Penalties for delivery and possession with intent to deliver scale dramatically with the quantity involved:

Less than 50 grams (cocaine/heroin/meth): Up to 20 years in prison, $25,000 fine.

50 to 449 grams: Up to 20 years, $250,000 fine.

450 grams to 999 grams: Up to 30 years, $500,000 fine.

1 kilogram or more: Up to life in prison, $1,000,000 fine.

Simple possession carries significantly lower penalties, typically up to 2 years for Schedule I and II substances, but even a simple possession conviction carries lasting consequences for employment, housing, professional licensing, and financial aid eligibility.

Diversion and Treatment Alternatives

Michigan law offers meaningful alternatives for qualifying defendants that can result in no conviction:

MCL 333.7411 (First Offense Deferral): For a first-offense possession charge, a defendant can be placed on probation without entry of a conviction. If probation is successfully completed, the charge is dismissed and the defendant can truthfully say they were not convicted of a drug offense. This deferral is available once in a lifetime.

HYTA (Holmes Youthful Trainee Act): For defendants between 17 and 24 at the time of the offense, HYTA allows assignment to trainee status, keeping a conviction off the public record upon successful completion.

Drug Treatment Court: Washtenaw County operates a Drug Treatment Court through the 22nd Circuit Court. Eligible defendants who complete the intensive supervision and treatment program can avoid prison and, in some cases, avoid a conviction. Chris established the Mental Health Treatment Court at the 15th District Court in 2014 and has deep familiarity with how treatment-oriented courts operate and which clients are most likely to be accepted.

Defense Strategies

Unlawful search and seizure: Drug evidence is almost always discovered through a stop, search, or search warrant. The constitutional validity of each step, the traffic stop, the frisk, the search of the vehicle or home, and the warrant itself, is scrutinized carefully. Evidence obtained through an unlawful search must be suppressed, which often eliminates the prosecution’s entire case.

Constructive possession: Drugs found in a shared space, a car, an apartment, a common area, are not automatically attributable to you. The prosecution must prove knowledge and control. In multi-occupant situations, the identity of the possessor is often genuinely contested.

Chain of custody and lab analysis: Drug prosecutions require the substance to be tested by a certified laboratory. Chain-of-custody failures, lab certification issues, or questions about the integrity of the sample can challenge the reliability of the test results.

Challenging delivery intent: The difference between simple possession and possession with intent to deliver can be the difference between a minor charge and a 20-year felony. Prosecutors use quantity, packaging, scales, cash, and text messages to establish intent. Each piece of that evidence can be contested.

How Chris Approaches Drug Cases

Chris evaluates drug cases starting with the constitutional validity of how the evidence was obtained. A successful suppression motion can end a case entirely before trial. Where suppression is not available, he assesses the strength of the intent evidence and whether diversion programs are an appropriate path. He has guided many clients through the 7411 deferral and Drug Treatment Court processes, and he understands what those programs actually require from the inside out.