Detroit Marijuana Trafficking Lawyer
It’s a serious crime in Michigan to participate in operations or activities related to trafficking of marijuana. 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:
- 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 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 criminal defense 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.
Medical Marijuana and Michigan Marijuana Trafficking
Michigan’s medical marijuana laws allow you to possess a certain amount of marijuana or cultivate a certain number of plants for your own personal medical use. You also may possess or cultivate marijuana for a qualified medical marijuana patient when you are a designated primary caregiver.
If you are a qualified patient with a Michigan medical marijuana card, or a designated caregiver, you may have a defense to a charge of manufacturing, delivering, cultivating, or possession of marijuana with the intent to sell or deliver. A Detroit marijuana trafficking lawyer can explain your rights under the state’s medical marijuana law and your options for defending your marijuana trafficking charge.
Defending Your Michigan Marijuana Trafficking Charge
Because of the serious nature of charges of manufacturing, delivering, cultivating, or possession of marijuana with the intent to sell or deliver, your case should be defended by a Michigan drug defense attorney who will aggressively advocate for you in court. You’ll want a skilled attorney with a deep understanding of the nuances and complexities of Michigan marijuana laws, as well as a solid knowledge of the prosecutors and courts handling your case.
A felony drug charge can seem daunting, but there may be a number of ways a good criminal defense attorney can attack the prosecutor’s case against you. Marijuana cases often are based on searches, wiretapping, surveillance, or testimony from confidential informants. If there are any flaws in the investigation process that violated your constitutional rights as a person accused of a crime, your lawyer may be able to prevent prosecutors from using certain evidence against you. That, in turn, may give your lawyer leverage to get your case dismissed, convince a jury to find you not guilty or to negotiate with prosecutors to get your charge and your penalties reduced.
Some common ways that a knowledgeable Michigan criminal defense lawyer might defend you include:
- Arguing that a search or seizure was illegal if conducted without a warrant or without probable cause
- Arguing that your arrest was invalid if police lacked probable cause
- Arguing that a traffic stop that resulted in a search or your arrest was invalid if police lacked reasonable suspicion to pull you over
- Arguing that police failed to advise you of your Miranda rights
If you or a family member has been charged with a marijuana offense in Michigan, call Davis Law Group PLLC for a consultation today.
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