Possession of a controlled substance is a serious criminal offense. However, it is likely the most common of any criminal charge due to the drug epidemic sweeping our nation today. Sentencing guidelines and drug classifications for these crimes vary from state-to-state.
Section 333.7403 of the Public Health Code adopted by Michigan Legislature sets out the sentencing and classification guidelines for a charge of Possession of a Controlled Substance by the state of Michigan.
A controlled substance classified as Schedule I or II is punishable as follows, depending on the amount: 1000 grams or more is a felony punishable by life, or any amount of years, in prison and/or a fine up to $1,000,000, or both; 450 grams or more, but less than 1,000 grams is a felony punishable by up to 30 years in prison, and/or a fine of up to $500,000, or both; 50 grams, but less than 450 grams, is a felony punishable by up to 20 years in prison, and/or a fine of up to $250,000, or both; 25 grams or more, but less than 50 grams, is a felony punishable by up to four years in prison, and/or a fine of up to $25,000, or both. The punishment for one to 25 grams is identical to the punishment for 25 grams to 50 grams, including the felony charge.
Any controlled substance classified as a Schedule 5 is a misdemeanor punishable by no more than one year in prison and/or a fine of up to $2,000, or both. This includes marijuana.
There are specific circumstances under which individuals cannot be held in violation of this section. If you or someone you know has been charged with possession of a controlled substance, consulting with an experienced criminal attorney can help determine your options based on the specific circumstances of your case.