Drug Crimes

Controlled Substance Laws in Michigan

Like most states, Michigan organizes their controlled substances into schedules to help with prosecuting and sentencing. The potential for prison time depends on the controlled substance you are caught with and how much of the substance there was.

Schedule I Substances

Schedule I drugs include those that have a high potential for abuse and serve no legitimate medical purpose. The following substances are some examples of those drugs included under the Schedule I heading:

• Ecstasy (MDMA/Molly)
• LSD
• Heroin
• Peyote
• Hallucinogenic Mushrooms
• GHB (date rape drug)
• Marijuana

MCL 333.7211, 7212

Schedule II Substances

These drugs are substances that have a high potential for abuse and addiction but have an approved medical use in the United States. These drugs, when used for medical reasons, are extremely regulated due to their addictive natures. A few common examples are:

• Cocaine
• Opium
• Morphine
• Hydrocodone
• Oxycodone
• Methadone
• Methamphetamines

MCL 333.7213, 7214

Schedule III Substances

Schedule III drugs have a lower risk of dependency than those included in schedules I and II. However, the risk is still considered moderate. These drugs also have accepted medical uses. Some common examples in drug possession cases are:

• Ketamine (anabolic steroids)
• Morphine (lower potency)
• Hydrocodone with aspirin or acetaminophen

MCL 333.7215, 7216

Schedule IV Substances

These drugs have a low risk of abuse and limited addictive tendencies. Some of the most common drug possession charges in this category are:

• Valium
• Rohypnol
• Xanax

MCL 333.7217, 7218

Schedule V Substances

Substances in this category have a very low risk of abuse, but the potential still exists. Many of these substances can be obtained over the counter, including:

• Cold medicine with ephedrine
• Cough syrups with Codeine

MCL 333.7219, 7220

Michigan Penalties – Possession of a Controlled Substance

If you are found in possession of Schedule I or II controlled substances, you could face the following penalties:

• More than 1,000 grams (felony) – Life in prison and fines up to one million dollars.
• Between 450- 1,000 grams (felony) – Up to 30 years in prison and $500,000 in fines.
• Between 50- 450 grams (felony) – Up to 20 years in prison and $250,000 in fines.
• Between 25-50 grams (felony) – Up to 4 years in prison and $25,000 in fines

Possession of Ecstasy or Methamphetamines

Under Michigan drug laws, Possession of Ecstasy (MDMA, or “Molly”) or Meth in any amount has a penalty of up to 10 years in prison and $15,000 in fines.

Possession of Marijuana

Under Michigan drug laws, Possession of Marijuana in any amount has a maximum penalty of up to 1 year in prison and $2,000 in fines.
MCL 333.7403

Drug Possession w/Intent – Penalties

The following potential sentences apply if you are charged with manufacturing, delivering, or being in possession of drugs with the intent to manufacture, create, or deliver.

All of the above offenses are felonies.  MCL 333.7401.

Additional Penalties – Park Zone

If you are caught in a public park possessing any amount of any controlled substance you can face up to 2 years in prison.

Michigan Possession Penalties – First Offense

If you have never been convicted of similar drug charges before, a judge will likely suspend your sentence for a term of probation. However, if you violate the terms of probation your sentence will be immediately activated.

Mandatory Life Sentence for Repeat Drug Possession Offenders

If you are convicted for a second or subsequent offense of possessing or distributing a Schedule I or II drug where the amount is greater than 50 grams you could be sentenced to life in prison.

(Ref: MCL 333.7413)

Drug possession and use crimes may be dismissed pursuant to MCL 333.7411.