Attorney for Drug Charges in Michigan
In Michigan it is against the law to possess heroin, cocaine, ecstasy, LSD, peyote, analogues (“designer drugs”) and prescription medications without a valid prescription. Depending upon the drug possessed, the amount possessed, the intended use of the drug (personal vs. for sale), and any prior criminal drug history, the penalties vary. In Michigan, there is also what is called “constructive possession,” which means you can be charged with a drug possession crime just by being in the place where the drug is being used or stored – regardless if it didn’t belong to you and you never intended to use it.
The criminal defense attorneys at Kelly & Kelly P.C. are experienced in all aspects of drug charges in Michigan including: Misdemeanor/felony charges, and expungements. This knowledge and experience is important in protecting your future.
Classifications of Drug Charges:
Under Michigan Law (MCL 333.7403), drugs are listed in 5 categories of controlled substances.
Schedule I: A drug is classified as Schedule I if it has a high potential for abuse and no accepted medical use in the United States, and is not safe to use under medical supervision. Types of Schedule I drugs include: LSD, Peyote, Ecstasy (MDMA), Mushrooms, Heroin, and Marijuana. Schedule I offenses are the most widely prosecuted offenses in Michigan, so if you are facing a charge for possession of a Schedule I substance it is important that you contact an attorney immediately.
Schedule II: A drug is classified as Schedule II if it has a high potential for abuse, despite it having a currently accepted medicinal use in the United States, or currently accepted medicinal use with severe restrictions. Types of Schedule II drugs include: Cocaine, Opium, high grade Morphines, Oxycodone, and Methamphetamines (Adderall). It is important if you have a valid prescription for any of these Schedule II drugs that you keep it with you anytime you are traveling with your medications. Putting your meds in a ziploc bag as you head out for a long weekend up north could is not safe. If you are stopped by a police officer and he searches you or your property and discovers the medications without an accompanying prescription, you could quickly find yourself charged with a serious felony for “Possession with the Intent to Deliver.”
Schedule III: A drug is classified as Schedule III if its potential for abuse if less than that of Schedule I or Schedule II drugs and it has currently accepted medical use in the United States, but abuse of the drug can lead to low to moderate physical dependence or high psychological dependence. Types of Schedule III drugs include: low-grade Morphine, Anabolic Steroids (Ketamine), some Codeine mixtures, among others.
Schedule IV: A drug is classified as Schedule IV if its potential for abuse is less than that of Schedule III drugs and the substance has a currently accepted medical use in the United States, but abuse of the drug may lead to limited physical or psychological dependence compared to those of Schedule III substances. Types of Schedule IV drugs include: Ambien, Valium, Xanax, Rohypnol, Zolpidem, Soma, Darvon, Darvocet, Ativan, Talwin, and Tramadol, among others.
Schedule V: A drug is classified as Schedule V if its potential for abuse is lower than that of Schedule IV drugs and has a currently accepted medical use in the United States along with limited risk of physical or psychological dependency, and consists of limited quantities of certain narcotics. Types of Schedule V drugs include: cough syrups with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin.
- Possession of a Schedule I or Schedule II Controlled Substance: (Felonies)
- Less than 25 grams – four years in prison and/or $25,000 in fines.
- 25-49 grams – four years in prison and/or $25,000 in fines.
- 50-449 grams – twenty years in prison and/or $250,000 in fines.
- 450-999 grams – thirty years in prison and/or $500,000 in fines.
- 1,000+ grams – Life in prison and/or $1,000,000 in fines.
Possession of Ecstasy: (Felony)
Possession of any amount of ecstasy is felony punishable by up to 10 years in prison and/or $15,000 in fines.
Possession of Analogues (“Designer Drugs”): (Felony)
Possession of designer drugs is punishable by up to 2 years in prison and/or $2,000 in fines.
Possession of LSD, Peyote, or any Schedule V Controlled Substances: (Misdemeanor)
Possession of any amount is a misdemeanor punishable by up to 1 year in county jail and/or $2,000 in fines.
Impact on Michigan Driver’s License:
Michigan law requires driver’s license suspensions for convictions on drug charges, even if you were not driving at the time of the offense.
First Offense: if you do not have any prior drug convictions, your license will be suspended for 6 months. However, you may be eligible for a restricted license after the first 30 days of that suspension.
With Prior Convictions (Within 7 Years): if you have one or more prior drug convictions within 7 years, your driver’s license will be suspended for 1 year. No restricted license is allowed for the first 60 days of the suspension.
After the suspension time has passed, you may have your license restored to full privileges upon payment of a $125 reinstatement fee. This fee is in addition to a reinstatement fee required for any other driver’s license sanctions.
Where We Handle Cases
The criminal law firm of Kelly & Kelly is based in Northville MI. We represent clients all throughout Wayne County, Oakland County, Macomb County, and other locations throughout Michigan. Our law firm is very familiar with the various court systems across the State. Therefore, If you, or someone you know was arrested or is being charged with a drunk driving offense in Michigan, call our experienced Michigan DUI attorney right away. 248-348-0496
If you need help after 5 PM or on weekends, use our emergency line 248-733-5021