What is Marijuana Trafficking?
Trafficking includes not only the sale of marijuana, but a number of other activities related to the marijuana trade. Section 333.7401 of the Michigan Public Health Code makes it a crime to do any of the following with regard to marijuana:
- Manufacturing
- Delivery
- Growing or Cultivating Plants
- Creating or Processing
- Possession with Intent to Sell or Deliver
Marijuana, or “marihuana” as it’s listed in the statute, may include the dried, processed drug people refer to as “pot” or “weed.” It also may include cannabis plants. It also may include any mixture containing marijuana.
The possible consequences of a conviction for manufacturing, delivery, cultivating, or possession of marijuana with the intent to sell or deliver may include:
- A lengthy prison sentence
- Expensive fines and court fees
- Suspension of your driver’s license
- A permanent felony record and the stigma of being a drug offender
- Loss of your job or difficulty getting hired for a job
- Denial of rental housing
- Loss of eligibility for federal financial aid to pay for college or university classes
- Loss of your professional license or denial of a license to practice law, medicine, pharmacy, nursing, teaching, or another licensed profession
- Loss of your immigration visa or green card, denial of your citizenship application, or deportation if you’re not currently a U.S. citizen
If you or a family member has been charged with one of the offenses related to marijuana trafficking, you should talk to an experienced Detroit drug trafficking lawyer right away. A skilled Detroit marijuana lawyer can explain the charges and what to expect in court and fight to protect your rights and preserve your freedom. A lawyer also can help if you’re being investigated for marijuana trafficking and haven’t yet been charged.
Penalties for a Michigan Marijuana Trafficking Conviction
Any of the activities associated with marijuana trafficking are serious felony offenses in Michigan. The penalties depend on the amount of the drug involved and become more severe the higher the quantity of processed marijuana or cannabis plants.
Penalties also may vary based on what a judge believes is “reasonable” punishment for a conviction. A recent Michigan Supreme Court case gives judges the discretion to decide on sentences without being restricted by the sentencing framework written into statutes by the Michigan State Legislature. A skilled Michigan marijuana trade attorney can explain what that might mean for you.
The statutory penalties when you’re convicted of manufacturing, delivering, cultivating, processing, or possession with intent to sell or deliver include:
- Less than 5 kilograms or 20 plants — You may be imprisoned for up to 4 years and ordered to pay a fine of up to $20,000.
- 5 to 45 kilograms or 20 to 200 plants — You may be imprisoned for up to 7 years and ordered to pay a fine of up to $500,000.
- 45 kilograms or more or 200 plants or more — You may be imprisoned for up to 15 years and ordered to pay a fine of up to $10 million.
In addition to a prison sentence and fines, your driver’s license will be suspended if you’re convicted of a marijuana trafficking offense in Michigan even if your offense had nothing to do with driving. The length of your suspension depends on whether you have any prior drug-related convictions.
- First Offense — Your driver’s license will be suspended for 6 months. You will be unable to get a restricted driver’s license for the first 30 days of your suspension.
- Second or Subsequent Offense in 7 Years — Your driver’s license will be suspended for 1 year. You will be unable to get a restricted license for the first 60 days of your suspension.
