The federal government and the states each have drug laws on the books, and sometimes those laws conflict with each other, particularly when it comes to marijuana. Generally, drug laws are distinguished by the conduct involved, meaning that different penalties exist for drug manufacturing, distribution, and possession. Michigan's drug possession laws are separate from its drug cultivation/manufacturing and distribution laws. It's important to note that the medicinal use of marijuana is legal in Michigan.
Classifying Controlled Substances
Like the federal government and most states, Michigan classifies drugs into "schedules." These schedules are generally determined by the drug's level of danger. These schedules also determine the charges and penalties involved for possessing different drugs. Generally speaking, the more dangerous a drug is, the higher the penalties one will face if convicted of possession.
Michigan Drug Possession Laws Overview
Below you'll find key provisions of drug possession laws in Michigan.
Michigan Compiled Laws Section 333.7403
It's prohibited for a person to knowingly or intentionally possess a controlled substance or a prescription form unless it was obtained pursuant to a valid prescription or order of a practitioner while he or she was acting in the course of his or her professional practice, or if it's otherwise authorized by law.
|Charges and Penalties
The charges and penalties for violating Michigan's drug possession laws will depend on the type of drug and amount involved. As an example of the types of charges and penalties that may be involved, a schedule 1 or 2 drug is charged as a felony and punishable by:
- Maximum of life in prison and/or a fine not exceeding $1,000,000 if the amount is 1,000 grams or more.
- Maximum of 30 years and/or a fine not exceeding $500,000 if the amount is anywhere between 450 grams and less than 1,000 grams.
- Maximum of 20 years and/or a fine not exceeding $250,000 if the amount is anywhere between 50 grams and less than 450 grams.
- Maximum of 4 years and/or a fine not exceeding $25,000 if the amount is less than 50 grams.
For the charges and penalties of other types of drugs, please see Section 333.7403.
Michigan Compiled Laws
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Michigan Drug Possession Laws: Related Resources
If you'd like more information about laws related to this topic, you can click on the links below:
Facing Drug Possession Charges in Michigan? Talk to an Attorney
Depending on the circumstances, being convicted of drug possession can result in severe penalties. Even a minor violation can have a negative effect on your professional or personal life. If you've been charged under Michigan's drug possession laws, it's a good idea to consult with an experienced criminal defense attorney in Michigan to learn about your rights and options.