Attorney DeBruin represents clients from across lower Michigan.

Attorney DeBruin represents clients from across lower michigan.

Confident In The Fight,
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Don’t Face Drug Charges Alone – An Attorney Can Help

If you or a family member has been charged with a Michigan drug offense, you face very serious legal trouble. Many drug offenses are felonies, and the penalties are among the most severe of any type of crimes. A conviction for a drug offense can haunt you for the rest of your life. Don’t hesitate to contact an experienced Lansing drug crimes attorney for a free and 100% confidential consultation if you need help.

ATTENTION: DeBruin Law, PLLC does not represent business owners in the cannabis industry. Our services are reserved for medical marijuana patients and primary caregivers.

The potential consequences you face may include:

  • Years or decades of imprisonment
  • Significant fines — including hundreds of thousands or even millions of dollars
  • Suspension of your driver’s license
  • A permanent history as a criminal drug offender that may cost your future employment or rental housing
  • If you have a professional license, it may be suspended or revoked, or you may be denied a license such as to practice medicine, pharmacy, nursing, law, or teaching
  • If you’re a college student, you may lose your financial aid or be denied federal financial aid such as grants and student loans if you want to take community college, technical college, or university classes
  • If you’re not currently a United States citizen, you may be denied an immigration visa, green card, or citizenship, or your current green card or visa may be revoked and you may be deported

Even if you haven’t been charged, merely being investigated for drug-related crimes can be extremely troubling and stressful. Whether you’re being investigated or have been arrested and charged, an experienced Lansing drug defense attorney can help to protect your rights and fight your charge in court.

The jail sentences, fines, and other penalties shown on this page were set by the Michigan State Legislature. A recent decision by the Michigan Supreme Court changes how penalties might be set and gives discretion to judges to decide the consequences of a conviction. A skilled Michigan criminal defense lawyer can explain the possible outcomes of your drug charge.

Common Michigan Drug Charges

There are a variety of drug-related charges you might face in Michigan, depending on your circumstances. Charges range from merely using drugs to possession to offenses related to drug trafficking. Some of the most common drug charges seen in Michigan courts include:

Use Of A Controlled Substance

It’s a crime in Michigan to use a controlled substance without a valid prescription. The offense is a misdemeanor, and penalties vary depending on the nature of the substance. Penalties under Section 333.7404 of the Michigan Public Health Code include:

  • LSD, mescaline, peyote, or Schedule 5 drugs — Up to 6 months in jail and a possible fine of up to $500.
  • Schedule 1 or 2 narcotics or cocaine — Up to 1 year in jail and a possible fine of up to $2,000.
  • Other Schedule 1, 2, 3 or 4 drugs — Up to 1 year in jail and a possible fine of up to $2,000.

Possession Of Marijuana

Although marijuana is now legal in Michigan, you are still restricted on how much you may possess. Adults aged 21 or older can possess up to 2.5 ounces in public or 10 ounces in their private residences. Possession of more may result in a criminal charge.

Possession Of A Controlled Substance

Michigan has a complex set of laws and penalties regarding possession of a controlled substance. The penalties vary depending on the nature of the substance, and in the case of some types of substances penalties become more harsh the more of the substance you are alleged to have possessed.

Under Section 333.7403 of the Michigan Public Health Code, the penalties for possession of a controlled substance break down as follows:

  • LSD, Peyote, Mescaline, DMT, Psilocin, Psilocybin or Schedule 5 drugs — This is a misdemeanor offense punishable by up to 1 year in jail and a possible fine of up to $2,000.
  • Schedule 1, 2, 3, or 4 drugs other than narcotics or cocaine — This is a felony offense punishable by up to 2 years in prison and a possible fine of up to $2,000.
  • Ecstasy, MDMA or Methamphetamine — This is a felony offense punishable by up to 10 years in prison and a possible fine of up to $15,000.
  • Less than 25 grams of a Schedule 1 or 2 narcotic or cocaine — This is a felony offense punishable by up to 4 years in prison and a possible fine of up to $25,000.
  • 25 to 50 grams of a Schedule 1 or 2 narcotic or cocaine — This is a felony offense punishable by up to 4 years in prison and a possible fine of up to $25,000.
  • 50 to 450 grams of a Schedule 1 or 2 narcotic or cocaine — This is a felony offense punishable by up to 20 years in prison and a possible fine of up to $250,000.
  • 450 to 1,000 grams of a Schedule 1 or 2 narcotic or cocaine — This is felony offense punishable by up to 30 years in prison and a possible fine of up to $500,000.
  • 1,000 grams or more of a Schedule 1 or 2 narcotic or cocaine — This is a felony offense punishable by up to life in prison and a possible fine of up to $1 million.

Possession Of A Prescription Form

Illegal possession of a prescription form in Michigan is a misdemeanor offense punishable by up to 1 year in jail and a possible fine of up to $1,000.

Marijuana Manufacturing, Delivery And Possession With Intent

Marijuana trafficking in Michigan encompasses the offenses of manufacturing processed marijuana or growing marijuana plants, delivering marijuana, or possessing processed marijuana or marijuana plants with the intent to traffic in the drug. Marijuana trafficking is a felony offense regardless of the amount, but penalties increase depending on the amount of the drug involved.

Adults are allowed to grow up to 12 plants in their homes for personal use. They may also give it away. However, only legitimate companies may sell marijuana.

Penalties for the manufacture, delivery, or possession with the intent to deliver marijuana under Section 333.7401 of the Michigan Public Health Code include:

  • Less than 5 kilogram or 20 plants — This is a felony offense punishable by up to 4 years in prison and a possible fine of up to $20,000.
  • 5 to 45 kilograms or 20 to 200 plants — This is a felony offense punishable by up to 7 years in prison and a possible fine of up to $500,000.
  • 45 kilograms or more or 200 plants or more — This is a felony offense punishable by up to 15 years in prison and a fine of up to $10 million.

Controlled Substances Manufacturing, Delivery and Possession With Intent

Trafficking in controlled substances in Michigan encompasses the offenses of manufacturing drugs, delivering drugs, or possessing drugs with the intent to traffic in them. Trafficking in controlled substances is a felony, and penalties vary depending on the nature of the drug, and for some types of drugs the penalty increases based on the amount of the drug involved.

Penalties for the manufacture, delivery, or possession with intent to deliver controlled substances under Section 333.7401 of the Michigan Public Health Code include:

  • Schedule 5 drugs — This is a felony offense punishable by up to 2 years in prison and a possible fine of up to $2,000.
  • Schedule 4 drugs — This is a felony offense punishable by up to 4 years in prison and a possible fine of up to $2,000.
  • Schedule 1, 2, or 3 drugs other than narcotics, cocaine or marijuana — This is a felony offense punishable by up to 7 years in prison and a possible fine of up to $10,000.
  • Ecstasy, MDMA or Methamphetamine — This is a felony offense punishable by up to 20 years in prison and a possible fine of up to $25,000.
  • Less than 50 grams of a Schedule 1 or 2 narcotic or cocaine — This is a felony offense punishable by up to 20 years in prison and a possible fine of up to $25,000.
  • 50 to 450 grams of a Schedule 1 or 2 narcotic or cocaine — This is a felony offense punishable by up to 20 years in prison and a possible fine of up to $250,000.
  • 450 to 1,000 grams of a Schedule 1 or 2 narcotic or cocaine — This is felony offense punishable by up to 30 years in prison and a possible fine of up to $500,000.
  • 1,000 grams or more of a Schedule 1 or 2 narcotic or cocaine — This is a felony offense punishable by up to life in prison and a possible fine of up to $1 million.

Michigan Controlled Substance Schedules

Illicit drugs and even legal prescription drugs are divided into categories called controlled substances schedules based on their potential for abuse compared to their medical value. There are five schedules in Michigan, with the most dangerous and least useful drugs grouped into Schedule 1, and the least harmful and most useful in Schedule 5. There are dozens of drugs on each schedule, but some examples of how drugs are grouped include:

  • Schedule 1 — These drugs are deemed to have the most potential for abuse and addiction, and the least legitimate medical use or safety of use without medical supervision. Some common drugs listed on Schedule 1 include heroin, LSD, ecstasy, MDMA, peyote, and marijuana.
  • Schedule 2 — These drugs are deemed to have a high potential for abuse and addiction, and limited medical use or accepted use with restrictions. Some common drugs listed on Schedule 2 include opium, narcotic pain medicines such as oxycodone or hydrocodone, cocaine, and methamphetamine. Michigan also includes medical marijuana on Schedule 2.
  • Schedule 3 — These drugs are deemed to have some potential for abuse and addiction, and some accepted medical use. Some common drugs listed on Schedule 3 include anabolic steroids and some mixtures including codeine.
  • Schedule 4 — These drugs are deemed to have relatively lower potential for abuse and addiction, and accepted medical use. Some common drugs listed on Schedule 4 include Valium, Xanax, and some stimulants.
  • Schedule 5 — These drugs are deemed to have a low potential for abuse and addiction, and widely accepted medical use with little risk. Some common drugs listed on Schedule 5 include ephedrine or mixtures containing low doses of codeine.

Understanding Medical Marijuana Laws In Michigan

Qualified patients who are registered with Michigan’s medical marijuana program are protected from arrest and prosecution under Section 333.26424 as long as they have a medical marijuana card. Designated primary caregivers and physicians who recommend marijuana for therapeutic purposes after thoroughly examining the patient are also protected from arrest and prosecution under the statute, and doctors are protected from sanctions by state or professional licensing boards.

Patients and their caregivers are permitted under Michigan law to:

  • Possess up to 2.5 ounces of usable marijuana per patient
  • Cultivate up to 12 cannabis plants in a locked facility

As long as the patient has a registration card and does not possess more than the legal amount of marijuana or number of cannabis plants, there is a presumption that the person is acting legally.

However, if a medical marijuana patient or caregiver sells marijuana to a person who is not a qualified registered patient or primary caregiver, the possible consequences include:

  • Revocation of your medical marijuana card
  • Being charged with a felony punishable by up to 2 years in prison and a possible fine of up to $2,000

Key Topics Related to Lansing Drug Charges

Depending on your circumstances, there are a variety of drug-related charges you might face in Michigan. At DeBruin Law, PLLC, our Lansing drug crimes attorneys understand you may have many questions about your charge, the possible outcomes of your case, and how you can defend yourself. We offer some relevant information on these pages, but also invite you to call us to discuss the individual circumstances of your case and what you can do about your Lansing drug charge.

  • Drug Trafficking – Whether you’re facing charges from the federal or state authorities, working with an aggressive and knowledgeable law firm that has a deep understanding of drug trafficking laws and criminal procedure can make a world of difference. At DeBruin Law, PLLC, we can defend your interests. Learn more.
  • Hiring a Lansing Drug Defense Attorney – When you are looking for the right lawyer to handle your unique legal circumstance, it’s important to find one with experience relevant to your particular case. If you’re facing criminal drug charges, a lawyer who specializes in another area like family law or white collar crime may not be the best fit for you. Learn the advantages to hiring a drug defense attorney in the Lansing, MI area.
  • Marijuana Trafficking — Marijuana trafficking outside of regulated sales continues to be a crime. At DeBruin Law, PLLC, we are experienced criminal defense attorneys in East Lansing, Clinton County and Ingham County who have dedicated years to providing reliable and high-quality legal representation to our clients.
  • Medical Marijuana — If you’re facing criminal drug charges because of your use or possession of medical marijuana, or because you helped someone else to obtain or use medical marijuana, learn how a Michigan medical marijuana attorney who can explain Michigan’s complex medical marijuana laws and how they apply to your case.
  • Possession of Drug Paraphernalia — There are possible defenses to the possession of drug paraphernalia and other drug-related charges. To find out more about how a Lansing drug defense attorney can help, contact us.
  • Possession of Schedule I Drug — Schedule I drugs could include ecstasy, marijuana, LSD, GHB, or heroin. To find out more about how a Lansing drug defense lawyer can help you navigate your unique legal circumstances, learn more here.
  • Possession of Schedule II Drug — Schedule II drugs could include oxycodone, morphine, methamphetamine, hydrocodone. To find out more about how a Lansing drug defense lawyer can help you navigate your unique legal circumstances, read more here.
  • Possession of Schedule III, IV, V Drugs — Schedule III, IV and V drugs could include hydrocodone mixed with aspirin, valium, Xanax, and other over the counter drugs that contain ephedrine or codeine. To find out more about how a Lansing drug defense lawyer can help you navigate your unique legal circumstances, click here.

Experienced Defense For Your Michigan Drug Charge

Drug investigations or charges are serious matters. Given the potential consequences, when you or a loved one is facing drug charges, you need a tough and experienced Lansing drug defense lawyer working on your behalf. You need someone who won’t back down in court and who will fight to tell your side of the story — and to convince a prosecutor, judge, or jury that your case should be dismissed, or that you deserve leniency. You need someone who understands Michigan’s complex drug laws, the local courts in and around Lansing, and how best to tackle the evidence against you. Some common defense strategies in drug cases may include:

  • Challenging the use of searches and seizures to obtain evidence against you
  • Challenging the use of drug sniffing dogs
  • Arguing that police did not have probable cause to arrest you
  • Arguing that police violated your constitutional rights during the investigation or when obtaining evidence or testimony against you
  • Challenging whether police properly administered your Miranda rights
  • Arguing that the drug was misidentified by investigators
  • Arguing that you didn’t know you possessed the drug

Learn How We Can Help You – Contact Us Today

At DeBruin Law, PLLC, we are committed to fighting for you and making sure you get a fair chance in court and the due process to which you are entitled. We will work diligently to get you the best possible outcome in your case so that you can put the stress of your drug charge behind you. Need a free consultation? Tiffany DeBruin will happily provide one. Call 517-731-0353 or contact us online.