Penalties for Use of a Controlled Substance
The possible sentence that a court may impose when you’re convicted of use of a controlled substance varies depending on the nature of the substance. Under Section 333.7404 of the Michigan Public Health Code, the penalties for a conviction may include:
- LSD, Peyote, Mescaline, Dimethyltryptamine, psilocin, psilocybin, or Schedule 5 drug — You may be sentenced to up to 6 months in jail and ordered to pay a fine of up to $500.
- Schedule 1 2, 3 or 4 controlled substance — You may be sentenced to up to 1 year in jail and ordered to pay a fine of up to $1,000.
- Schedule 1 or Schedule 2 narcotic or cocaine — You may be sentenced to up to 1 year in jail and ordered to pay a fine of up to $2,000.
Drug Convictions and Your Driver’s License
Michigan law also requires that your driver’s license be suspended for any drug conviction, even if it was not related to driving in any way. Driver’s license suspensions for drug convictions are applied as follows:
First Conviction
Suspension for 6 months with no restricted license permitted for 30 days.
Second or Subsequent Conviction in 7 Years
Suspension for 1 year with no restricted license permitted for 60 days.
Sentencing Alternatives
Because a charge of use of a controlled substances is non-violent and less serious compared to other drug offenses, if you’re convicted you may be able to qualify for one of several Detroit controlled substance lawyer instead of going to jail, or to reduce your jail sentence. Alternatives typically are designed to give you a chance to be rehabilitated rather than punished, in recognition that people who use drugs often are addicted and may not make rational choices.
Possible sentencing alternatives when you’re convicted of a drug use charge in Michigan may include:
Probation
You may be sentenced to probation for up to 2 years for a misdemeanor in Michigan. However, probation also may include some jail time served even if you meet all of the conditions of your probation.
Drug Court
You may be able to go through drug court and complete an inpatient or outpatient drug abuse treatment program and other conditions in lieu of going to jail.
Deferred Sentencing
If you’ve never had a prior drug conviction, you may be able to have your sentence deferred and have it not show up on your public record as long as you comply with the terms of your deferred sentence, which usually includes probation. You can only get a deferred sentence option once in your lifetime.
Delayed Sentence
If your defense attorney can convince a judge that you’re not likely to re-offend, the court may delay your sentencing for 1 year, and you may avoid jail time if you meet any conditions imposed by the court or otherwise demonstrate that you’ve turned your life around since your drug use charge. Unlike deferred sentencing, a delayed sentence will still show up on your public record. A skilled Detroit controlled substance lawyer can argue for these alternatives on your behalf, potentially sparing you from jail time.
Defending Your Use of a Controlled Substance Charge
Any kind of drug charge is something to take seriously. If convicted, you face serious consequences that can disrupt your life, your job, and your family. You might go to jail, or have to pay fines that could put you in a financial hardship. You’ll lose your driver’s license for at least six months, which could mean you have no way to get to work, pick your kids up from school, or just go to the grocery store.
When you’re charged with use of a controlled substance, you need an aggressive Detroit controlled substance lawyer on your side who will fight your charge in court — someone who won’t back down and will be willing to take your case to trial to make sure you get justice and that your rights are preserved.
To convict you of a drug use charge, a prosecutor has to prove that you knowingly used a controlled substance, and that you didn’t have a valid prescription. There are a number of ways that an experienced Michigan criminal defense lawyer can tackle the prosecutor’s arguments and the evidence against you. Possible defense strategies may include:
- You didn’t use the drug
- The substance was not a controlled substance
- The controlled substance was misidentified
- You didn’t know that the substance was a controlled substance
- Evidence against you was obtained through an illegal search
- Investigators used illegal wiretapping or surveillance to get evidence against you
- You were arrested without probable cause
- Police didn’t administer your Miranda rights when arresting you
Every case is different, and your options for a defense will depend on the circumstances of your charge. An experienced Michigan drug defense lawyer can evaluate your case and explain your options and what to expect in court.
