D.G. Moore is a highly experienced Michigan criminal defense attorney with a strong track record of successfully defending clients facing drug-related charges under Michigan’s Public Health Code, Chapter 333.
With extensive knowledge of Michigan’s drug laws, he ensures that individuals accused of possession, distribution, manufacturing, and related offenses understand their legal rights and receive a strategic, aggressive defense. This guide provides accurate, reliable, and expert-backed legal information on Michigan drug crimes, penalties, and defense strategies.
Michigan Public Health Code Chapter 333 – Drug Laws, Offenses, and Penalties
Chapter 333 of the Michigan Public Health Code outlines the state’s drug laws, offenses, and penalties, particularly in Part 74, “Offenses and Penalties.” Key sections include:
- MCL 333.7401: Pertains to manufacturing, creating, delivering, or possessing with intent to manufacture or deliver a controlled substance, prescription form, or counterfeit prescription form.
- MCL 333.7402: Covers the creation, manufacture, delivery, or possession with intent to deliver a counterfeit substance or controlled substance analogue intended for human consumption.
- MCL 333.7403: Addresses possession of a controlled substance, controlled substance analogue, or prescription form unless legally obtained.
- MCL 333.7404: Relates to the use of controlled substances.
- MCL 333.7411: Allows for the dismissal of misdemeanor or felony drug charges for eligible offenders.
- MCL 333.7413: Discusses penalties for second or subsequent offenses under this article.
These sections form the backbone of Michigan’s approach to drug-related offenses, providing a framework for legal consequences based on the type and severity of the crime.
Understanding Michigan’s Public Health Code – Chapter 333
The Michigan Public Health Code (MCL Chapter 333) establishes drug laws within the state, differentiating them from the Michigan Penal Code, which covers general criminal offenses. The primary focus of Part 74 (“Offenses and Penalties”) is to define drug-related crimes, legal classifications, and associated penalties.
Michigan classifies controlled substances into five schedules based on potential for abuse, accepted medical use, and risk of dependency. Penalties for drug-related offenses are determined by substance type, quantity, and intent.
Key Drug Crime Laws in Michigan (MCL 333.7401 – 333.7410)
Michigan’s drug-related statutes in Chapter 333 outline various offenses, from simple possession to large-scale drug trafficking. Below are the most critical sections:
1. MCL 333.7401– Manufacture, Delivery, or Possession with Intent to Distribute
This section criminalizes the manufacture, distribution, or possession with intent to distribute controlled substances.
- Penalties depend on drug schedule and quantity.
- Convictions may carry mandatory minimum sentences for large-scale drug offenses.
2. MCL 333.7401a – Drug Delivery Resulting in Death
This law imposes severe penalties, including life imprisonment, for individuals who deliver a controlled substance that results in death.
3. MCL 333.7401c – Operating a Drug Lab
Illegal drug manufacturing, such as operating a methamphetamine lab, is a felony offense with severe consequences.
4. MCL 333.7403 – Possession of a Controlled Substance
Criminal penalties for simple possession depend on the drug’s classification:
- Schedule I or II drugs (e.g., heroin, methamphetamine, cocaine) → Felony, up to 10 years in prison.
- Schedule III, IV, or V drugs (e.g., Xanax, steroids) → Misdemeanor or lower felony penalties.
5. MCL 333.7404– Use of a Controlled Substance
This section prohibits the use of specific controlled substances, with penalties varying by drug type and prior convictions.
6. MCL 333.7405 – Maintaining a Drug House
Property owners or renters who allow drug-related activities in their residences or businesses face criminal charges.
7. MCL 333.7407 – Possession of Drug Paraphernalia
Owning or selling drug-related equipment (pipes, syringes, or baggies) is a misdemeanor offense.
8. MCL 333.7410 – Drug Offenses Near Schools or Parks
Drug crimes committed within 1,000 feet of a school, park, or church result in enhanced penalties.
Michigan’s Drug Scheduling System
Michigan follows the federal drug classification system, which categorizes substances into five schedules based on medical use and abuse potential:
| Schedule | Examples | Legal Status |
|---|---|---|
| Schedule I | Heroin, LSD, Ecstasy | No medical use, high abuse risk |
| Schedule II | Cocaine, Meth, Fentanyl, Oxycodone | Medical use, high abuse risk |
| Schedule III | Ketamine, Steroids | Moderate abuse risk |
| Schedule IV | Xanax, Valium, Ambien | Low abuse risk |
| Schedule V | Cough syrups with codeine | Minimal abuse risk |
The classification of a drug directly affects the severity of penalties for possession or distribution.
Penalties for Drug Crimes in Michigan
Michigan imposes strict penalties based on substance type, quantity, and intent:
| Offense | Penalty |
|---|---|
| Possession of Schedule I/II Drugs | Up to 10 years in prison and fines |
| Possession of Schedule III/IV Drugs | Up to 2 years in prison |
| Manufacture/Distribution of Heroin, Cocaine, Meth | 10+ years in prison based on quantity |
| Delivery of a Controlled Substance Causing Death | Life sentence |
| Drug Crime Near a School/Park | Enhanced sentence |
Important note: Repeat offenders face increased prison terms and fines.
Defending Against Drug Charges in Michigan
A strong defense strategy can reduce or eliminate drug charges. Common legal defenses include:
- Illegal Search & Seizure – Evidence obtained without a warrant may be thrown out.
- Lack of Intent – Prosecutors must prove you knowingly possessed drugs or intended to sell them.
- Entrapment – If law enforcement coerced you into committing a crime, charges may be dismissed.
- Lack of Knowledge – If you were unaware of the presence of drugs, this can serve as a defense.
An experienced attorney can identify errors in the prosecution’s case and build a strong legal strategy.
Get Legal Help for Drug Charges in Michigan
If you are facing drug charges, securing a formidable advocate is essential. D.G. Moore provides an unwavering and tactical defense to protect your rights and future. As a leading Michigan criminal defense attorney, he boasts an impressive record of successfully defending clients against drug possession, trafficking, and manufacturing charges. Don’t gamble with your future—choose the best defense.
Reach Out Now for a Free, No-Obligation Consultation at (269) 808-8007
Frequently Asked Questions
What Are the Most Common Drug Crimes in Michigan?
Common offenses include possession, trafficking, manufacturing, and prescription drug fraud.
Can You Get Probation Instead of Jail for a Drug Charge?
Yes. First-time offenders may qualify for probation or diversion programs.
What Is Michigan’s 7411 Diversion Program?
Under MCL 333.7411, first-time drug offenders may avoid a criminal record by completing probation.
Can a Drug Conviction Be Expunged in Michigan?
Yes, certain drug convictions can be expunged under Michigan’s Clean Slate Law.
Do You Need a Lawyer for a Drug Charge?
Yes. A skilled defense attorney can protect your rights, challenge evidence, and reduce charges.
