What are the penalties for drug possession in Michigan?

Penalties for drug possession in Michigan vary by drug type and amount but may include years in prison and fines up to $1 million.

Will a drug possession charge affect my driver’s license in Michigan?

A drug possession conviction in Michigan leads to mandatory license suspension, even for a first offense.

Can I avoid jail for drug possession in Michigan?

You may avoid jail for drug possession in Michigan through alternative sentencing programs like probation or treatment.

What are possible defenses to a drug possession charge?

Defenses to a drug possession charge may include illegal search, lack of probable cause, or challenging whether you actually possessed the drugs.

What is considered possession of a controlled substance in Michigan?

Possession of a controlled substance in Michigan can include having drugs on your person or in your property like a car or home.

How long is your license suspended for drug possession in Michigan?

A first conviction results in a 6-month suspension; a second within 7 years results in a 1-year suspension.

Home Detroit Drug Lawyer Detroit Drug Possession Lawyer

Detroit Drug Possession Lawyer

When you are suspected of possessing a controlled substance in Michigan, that’s a very serious legal matter. Most possession charges in Michigan are felony offenses that can have lasting consequences, depending on the type of drug and the amount you are alleged to have possessed.

Michigan Possession Charges

A conviction for possession of a controlled substance can be punished with years, decades, or even life in prison, and huge fines of tens or hundreds of thousands of dollars — up to $1 million. Other consequences of a conviction that may negatively impact your life include:

Suspension of your driver’s license
A permanent criminal record as a drug offender
Loss of your job or denial of employment
Denial of rental housing
Loss or revocation of a license to practice a profession, meaning you can’t work as a teacher, lawyer, doctor, pharmacist, nurse, or another licensed professional
Loss of eligibility for federal financial aid to pay for college
Denial or revocation of an immigration visa, green card, or citizenship application, and possible deportation if you’re not a U.S. citizen

If you or a family member has been charged with possession of a controlled substance in Michigan, it’s vital that you get help from an experienced drug attorney. A good Detroit drug possession lawyer can fight for you even before you ever get charged. If you know you’re under investigation, a lawyer can help you when you’re being questioned by police or when they want to search your property for evidence.

An experienced Michigan drug lawyer might be able to help you avoid getting charged, or if you are charged your lawyer can aggressively represent you in court and work to get your case dismissed or to convince a court to treat you with leniency to lessen the impacts of a conviction.

Penalties for a Drug Possession

Michigan classifies illegal drugs as controlled substances and applies Five “Schedules,” based on their likelihood for addiction and abuse and their accepted medical use. When you’re convicted of drug possession, the sentence will be based on the type of drug, where it falls on the schedule, and the amount in question.

Under the Michigan Public Health Code these are the Controlled Substance Schedules:

Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5

However, a recent Michigan Supreme Court case gives judges the authority to set “reasonable” sentences and penalties in criminal cases. A judge’s decision might vary from the penalties written into law by the Michigan State Legislature. A Michigan criminal defense lawyer can explain the possible outcomes you might face based on the circumstances of your charge.

Effects on Your Driver’s License

When you’re convicted of a drug offense in Michigan, it’s a requirement that your driver’s license be suspended. The duration of your suspension depends on whether you have any prior drug convictions. While your driver’s license is suspended, you’re not allowed to drive and if you get caught you may face fresh criminal charges and additional consequences for driving under suspension.

Driver’s license suspensions for Michigan drug convictions include:

First conviction — Your license will be suspended for 6 months. You may be able to get a restricted license after 30 days.
Second or Subsequent Conviction in 7 Years — Your license will be suspended for 1 year. You may be able to get a restricted license after 60 days.

Alternative Sentencing Programs

Depending on the nature of your drug possession charge, you may be able to qualify for an alternative sentencing program that allows you to avoid going to jail or reduce the amount of time you have to spend in jail. This is more likely to be successful if you’re charged with misdemeanor drug possession, or for possessing a relatively small quantity of the alleged controlled substance.

Sentencing alternatives in Michigan may include:

Probation in lieu of jail, or probation plus a reduced jail sentence
An order to complete substance abuse treatment
A one-time deferment of your sentencing that allows you to keep the drug possession charge off of your permanent record if you have no prior convictions and meet conditions imposed by the court
A delay of your sentencing that may allow you to avoid jail if you meet conditions imposed by the court, but leaves the charge on your criminal record

Defending Your Michigan Possession Charges

Because a drug possession charge can be so serious in Michigan, it’s important to your future that you have the right criminal defense lawyer by your side when you go through the process of being investigated by law enforcement, or when you’re charged and must appear in court. Your best chance at securing an acquittal, or a reduction in your charge or penalties, will be with the help of an experienced drug attorney who knows the details of Michigan drug possession laws.

With the help of a good defense lawyer, and depending on the circumstances of your case, you may stand a good chance at getting your charge dismissed or being allowed to go through an alternative sentencing program — which could mean avoiding a lengthy jail or prison sentence.

Drug cases often are based on evidence obtained through searches, and so it’s important to hire a defense lawyer with thorough knowledge of your constitutional rights and what to do when your rights have been violated by the police. Strategies your lawyer might use on your behalf include:

Arguing that a search warrant was invalid
Arguing that a search conducted without a warrant was invalid
Arguing that surveillance or wiretapping was done illegally
Arguing that investigators had no probable cause to search you or your property, or to arrest you
Arguing that you were improperly arrested or not administered your Miranda rights

In a drug possession case, your lawyer also might challenge the basis of the prosecutor’s claim that you possessed a controlled substance. Whether you were in possession often is not straightforward, especially when the prosecutor argues possession based on a controlled substance being found in your apartment or your car or somewhere other than on your actual person.

A Detroit drug possession lawyer, such those at Davis Law Group PLLC, can explain what options might be available for fighting your drug possession charge.