Lapeer County Drug Crime Lawyer

To understand the charges and penalties that can be levied in a drug crime case, it's helpful to understand the schedules of controlled substances. Essentially, a controlled substance schedule is a system for classifying drugs based on their severity.

Michigan law defines five schedules of controlled substances, which are as follows:

• Schedule 1:
  • High potential for abuse
  • No excepted medical use
• Schedule 2:
  • High potential for abuse
  • Accepted medical use
  • Can cause severe psychic or physical dependence
• Schedule 3:
  • Potential for abuse lower than schedule 1 or 2 substances
  • Accepted medical use
  • Can cause moderate or low physical dependence or high psychological dependence
• Schedule 4:
  • Low potential for abuse
  • Accepted medical use
  • Relative to schedule 3 substances, may lead to limited physical or psychological dependence
• Schedule 5:
  • Lower potential for abuse than schedule 4 substances
  • Accepted medical use
  • Relative to schedule 4 substances, may lead to limited physical or psychological dependence

Drugs in schedule 1 are considered the most serious substances, and those in schedule 5 the least. Therefore, they carry the most substantial penalties.

How Long Is a Sentence for a Drug Crime Offense in Michigan?

Michigan law defines various types of prohibited conduct involving drugs. Each has different penalties attached. The potential term of incarceration, amount of fine, and duration of any other sanctions depend not just on the controlled substance's schedule but also on the nature of the offense.

The possible sentences for a few drug crimes are as follows:

• Manufacturing, creating, delivering, or possessing with intent (MCL 333.7401):
  • Involving a mixture containing a schedule 1 or 2 narcotic drug:
    • 1,000 grams or more is a felony punishable by imprisonment for life or any number of years and/or up to $1,000,000 in fines
    • 450 grams or more but less than 1,000 grams is a felony punishable by up to 30 years in prison and/or up to $500,000 in fines
    • 50 grams or more but less than 1,000 grams is a felony punishable by up to 20 years in prison and/or up to $250,000 in fines
    • Less than 50 grams is a felony punishable by up to 20 years in prison and/or up to $25,000 in fines
  • Involving any other schedule 1, 2, or 3 controlled substance, except marijuana:
    • Felony punishable by up to 7 years in prison and/or up to $10,000 in fines
  • Involving a schedule 4 drug:
    • Felony punishable by up to 4 years in prison and/or up to $2,000 in fines
  • Involving marijuana:
    • 45 kilograms or more or 200 plants or more is a felony punishable by up to 15 years in prison and/or up to $10,000,000 in fines
    • 5 kilograms or more but less than 45 kilograms or 20 plants or more but fewer than 200 is a felony punishable by up to 7 years in prison and/or up to $500,000 in fines
    • Less than 5 kilograms or fewer than 20 plants is a felony punishable by up to 4 years in prison and/or up to $20,000 in fines
  • Involving a schedule 5 drug:
    • Felony punishable by up to 2 years in prison and/or up to $2,000 in fines
  • Involving a prescription:
    • Felony punishable by up to 7 years in prison and/or up to $5,000 in fines
• Possessing a controlled substance (MCL 333.7403):
  • Involving a mixture containing a schedule 1 or 2 narcotic drug:
    • 1,000 grams or more is a felony punishable by imprisonment for life or any number of years and/or up to $1,000,000 in fines
    • 450 grams or more but less than 1,000 grams is a felony punishable by up to 30 years in prison and/or up to $100,000 in fines
    • 50 grams or more but less than 450 grams is a felony punishable by up to 20 years in prison and/or up to $500,000 in fines
    • Less than 50 grams is a felony punishable by up to 4 years in prison and/or up to $25,000 in fines
  • Involving a schedule 1, 2, 3, or 4 controlled substance:
    • Felony punishable by up to 2 years in prison and/or up to $2,000 in fines
  • Involving marijuana, LSD, Peyote, mescaline, psilocybin, dimethyltryptamine, psilocyn, or a schedule 5 controlled substance:
    • Misdemeanor punishable by up to 1 year in jail and/or up to $2,000 in fines
  • Involving a prescription:
    • Misdemeanor punishable by up to 1 year in jail and/or up to $1,000 in fines
• Prescription fraud (MCL 333.7403a):
  • Fraudulently obtaining a prescription from a health care provider:
    • Felony punishable by up to 4 years in prison and/or up to $5,000 in fines. 
    • The judge may also order completion of rehabilitative services, including alcohol and/or drug treatment programs
• Using a controlled substance (MCL 333.7404):
  • Involving a schedule 1 or 2 narcotic drug: 
    • Misdemeanor punishable by up to 1 year in jail and/or up to $2,000 in fines
  • Involving any other schedule 1, 2, 3, or 4 controlled substances:
    • Misdemeanor punishable by up to 1 year in jail and/or up to $1,000 in fines
  • Involving lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a schedule 5 controlled substance:
    • Misdemeanor punishable by up to 6 months in jail and/or up to $500 in fines
  • Involving marijuana:
    • Misdemeanor punishable by up to 90 days in jail and/or up to $100 in fines

No matter your circumstances, Lapeer County drug crime attorney Mr. Jocuns will work relentlessly to protect your rights and future.

Schedule a Free Consultation Today

A drug crime arrest can be a confusing and upsetting experience. The charges may seem undeserved, and you might feel that explaining your situation to law enforcement officials will get you out of this challenging situation. It won't. In fact, it could hurt your case. Before you say anything to the police, speak with Mr. Jocuns. He will evaluate your case and deliver the advice and guidance you need.

To get started on your defense, call Lapeer County drug crime lawyer Mr. Jocuns at (810) 255-4033 or submit an online contact form.