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:
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.
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:
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.
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 |
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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:
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:
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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:
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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:
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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.
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.
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.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Michigan attorneys offer free consultations for Drug Crime.
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