Michigan Drug Possession Laws

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024

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The federal government and the states each have drug laws on the books. Sometimes, those laws conflict with each other. For example, Michigan has legalized marijuana for medicinal and recreational purposes. However, marijuana is illegal at the federal level.

Drug laws are distinguished by the conduct involved. This means 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.

Both the federal and state governments classify controlled substances into different schedules. The more dangerous a drug is, the higher the penalties one will face if convicted of possession.

Schedule 1 (Schedule I under federal law) controlled substances are the most dangerous drugs, meaning they have a high potential for abuse and no accepted medical uses. Examples of classified controlled substances in Michigan are as follows:

  • Schedule 1 (Schedule I): heroin, ecstasy (MDMA), peyote, LSD
  • Schedule 2 (Schedule II): Oxycodone, codeine, methamphetamine, and methadone
  • Schedule 3 (Schedule III): anabolic steroids, ketamine, phencyclidine, and nalorphine
  • Schedule 4 (Schedule IV): Valium and Xanax
  • Schedule 5 (Schedule V): cough syrups containing codeine

The following chart provides key provisions of Michigan's drug possession laws and criminal penalties. For more information, visit FindLaw's Drug Charges section.

Michigan Drug Possession Law Code Section

 Michigan Compiled Laws (MCL) Chapter 333
  • MCL § 333.7403 (Possession of a controlled substance)

Drug Possession Crimes in Michigan

Per MCL 333.7403, it's prohibited for a person to possess the following with knowledge and intent:

  • A controlled substance
  • A controlled substance analog
  • A prescription form unless it's a valid prescription or by a practitioner's order

Michigan Drug Possession Charges and Penalties

Anyone who violates MCL 333.7403 by possessing a Schedule I or II narcotic drug, including mixtures, in the following amounts is guilty of a felony and faces the following punishments upon conviction:

  • 1,000 grams or more: Up to life imprisonment and a fine of up to $1,000,000
  • Between 450 and 1,000 grams: Up to 30 years in prison and a fine of up to $500,000
  • Between 50 and 450 grams: Up to 20 years in prison and a fine of up to $250,000
  • Between 25 and 50 grams: Up to four years in prison and a fine of up to $25,000
  • Under 25 grams: Up to four years of prison time and a fine of up to $25,000
  • Possession of ecstasy, MDMA, or methamphetamine (any amount): Up to 10 years in prison and a fine of up to $15,000
  • Any amount of a Schedule I, II, III, or IV substance or analog not noted above: Up to two years in prison and a fine of $2,000

Under MCL § 333.7403, possession of the following are misdemeanors:

  • Any amount of LSD, peyote, mescaline, psilocybin, or Schedule V controlled substances: Up to one year in jail and a fine of up to $2,000
  • Marijuana or synthetic marijuana over the legal limit: Penalties may depend on intent. Learn more at FindLaw's Michigan Marijuana Laws article
  • An illegal prescription form: Up to one year in jail and a fine of up to $1,000

Related Michigan Drug Possession Statute(s)

Michigan Compiled Laws

  • MCL § 333.7401 (Drug manufacturing and possession with intent to manufacture or deliver)
  • MCL § 333.7212 (Controlled substances schedules)
  • MCL § 333.7407 (Distribution)
  • MCL § 333.7413 (Penalties)

Note: Michigan state laws are subject to change through passage of new legislation and other methods. Consult a Michigan criminal defense lawyer 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 drug-related laws in the state of Michigan or across the United States, visit the links below:

For more information about other states' laws, visit FindLaw's State Codes section.

Facing Drug Possession Charges in Michigan? Talk to an Attorney

A conviction for the possession of drugs in Michigan can lead to a prison sentence and thousands of dollars in fines, depending on the amount and type of drugs involved. If law enforcement charges you with a crime under Michigan's drug laws, contact a Michigan drug crime attorney. A criminal defense attorney's legal representation and advice can help in drug possession cases.

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