Michigan Heroin, Opiates, and Opioids Laws

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

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In the state of Michigan, possessing opioids or opiates is against the law unless you have a valid prescription. Selling or otherwise distributing opioids and opiates is illegal unless you are a licensed health professional. Unlawful possession or delivery of opioids or opiates is a felony. You could face years in prison and thousands of dollars in fines if convicted.

Doctors often prescribe opioids or opiates after surgery for pain relief. Examples of opioids include the following:

  • Heroin
  • Fentanyl
  • Oxycodone
  • Codeine
  • Morphine
  • Methadone

According to the National Institute on Drug Abuse (NIDA), over 107,000 people died from drug-involved overdoses from April 2021 to April 2022 in the United States. Approximately 75% of those deaths involved opioid-related drug use. NIDA has referred to this as the drug overdose crisis in the United States.

Given the danger of addiction and dependence, Michigan law requires health professionals to inform patients about the dangers of opioid addiction before prescribing it. they must also inform the patient that delivering a controlled substance to another person is a felony under state law.

Classification of Controlled Substances

Michigan classifies controlled substances into five different schedules. Schedule 1 (Schedule I under federal law) drugs are those that have a high risk of abuse and no accepted medical uses. Schedule 2 (Schedule II) drugs also have a high risk of abuse and dependence, but offer some medical benefits.

Michigan classifies 43 opiates and 23 opioids as Schedule 1 drugs, including heroin. It also classifies 16 opiates and 11 opioids as Schedule 2 drugs, including codeine, fentanyl, and methadone. Other examples of controlled substances in each schedule include the following:

  • Schedule 1 (Schedule I): ecstasy (MDMA), peyote, and LSD
  • Schedule 2 (Schedule II): methamphetamine and Oxycodone
  • Schedule 3 (Schedule III): ketamine and anabolic steroids
  • Schedule 4 (Schedule IV): prescription drugs like Valium and Xanax
  • Schedule 5 (Schedule V): cough syrups

The criminal penalties for possessing or selling a Schedule 1 drug are higher than those for selling a Schedule 2 drug. However, the amount of drugs involved in the crime also affects the associated penalties.

Michigan Drug Charges: Heroin, Opioids, and Opiates

The table below contains information about Michigan's laws regarding the possession of heroin and other opioids and opiates. Click the links in the table for more information.

Michigan Heroin Laws Code Statutes

Michigan Compiled Laws (MCL) Chapter 333

  • MCL § 333.7401 (drug manufacturing and possession with intent to manufacture or deliver)
  • MCL § 333.7403 (possession of a controlled substance)
  • MCL § 333.7404 (controlled substance use)
  • MCL § 333.7212 (controlled substances schedules)
  • MCL § 333.7407 (distribution)
  • MCL § 333.7413 (penalties)

Opiates, Opioids, and Heroin Crimes Under Michigan Law

MCL § 333.7401 prohibits someone from manufacturing, creating, delivering, or possessing with the intent to manufacture, create, or deliver a controlled substance.

MCL § 333.7403 prohibits being aware of possessing the following:

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

MCL § 333.7404 prohibits the use of a controlled substance without a valid prescription.

Michigan Heroin, Opiates, and Opioids Possession Crimes

Anyone who violates MCL § 333.7403 by possessing a Schedule 1 or 2 narcotic drug — including heroin, opiates, or opioids — in the following amount 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
  • Any amount of a Schedule 1, 2, 3, or 4 substance or analogue not noted above: Up to two years and a fine of $2,000

Heroin, Opiates, and Opioids Distribution Crimes in Michigan

Anyone who violates MCL §§ 333.7401 by distributing or possessing with the intent to deliver a Schedule 1 or 2 narcotic drug 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
  • If a person over the age of 18 delivered less than 50 grams of a Schedule 1 or 2 narcotic drug to someone who is under 18 years old and is at least three years younger than the deliverer: Up to 40 years of imprisonment and a fine of up to $50,000 (MCL § 333.7410(1))
  • If the offense involved the delivery or distribution of less than 50 grams of a Schedule 1 or 2 narcotic drug to another person on or within 1,000 feet of a school or library: Between two and 60 years in prison and a fine of up to $75,000
  • Anyone who delivers a controlled substance described in MCL § 333.7401b to violate § 333.7401: Up to 20 years in prison (MCL § 333.7401a)

Heroin, Opiates, and Opioids Use Crimes Under Michigan Law

A person who uses a controlled substance in violation of MCL § 333.7404 with regard to the following substances is guilty of a misdemeanor:

  • Schedule 1 or 2 narcotics: Up to one year of jail time and a fine of up to $2,000
  • Schedule 1, 2, 3, or 4 controlled substances: Up to one year of jail time and a fine of up to $1,000.

Note: Michigan laws change through the passage of new legislation and court rulings. Contact a Michigan drug crime attorney or conduct your own research to verify the current state laws.

Michigan Drug Possession Laws: Related Resources

To learn more about drug offenses throughout Michigan or across the United States, visit the links below:

Visit FindLaw's State Codes section for more information about other states' laws regarding illegal drugs.

Facing Charges Involving Heroin, Opiates, or Opioids? Talk to an Attorney

If law enforcement charges you with a drug crime, you could face years of prison time and thousands of dollars in fines. Consider contacting a Michigan criminal defense attorney for legal advice and representation if you face opioid possession charges. An experienced criminal defense lawyer's legal help could help you avoid a lengthy prison sentence. 

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