You can be charged with drug possession under Michigan law if you are in possession of a controlled substance or controlled substance analogue that has not been prescribed to you by a medical professional. A controlled substance analogue is a drug that is chemically similar to a controlled substance; these are sometimes referred to as “designer drugs.”
You can also be charged with drug possession if you have a blank prescription form and are not a qualified medical professional.
The penalties for a drug possession charge, if you are convicted, are extraordinarily steep. You can face fines, prison, and a felony conviction that can impact your ability to get a job or to be accepted to the college of your choice. The laws are complex and the risk of incriminating yourself in interrogation is high.
If you are facing drug crime charges, contact experienced drug crimes lawyer Paul J. Tafelski and his team of attorneys at Michigan Defense Law right away. We represent clients who are facing drug charges in Macomb and Oakland counties and throughout the state, including Detroit, Royal Oak, Troy, West Bloomfield, Bloomfield Hills, Rochester Hills, Plymouth, and Canton.
Schedule a
Free Consultation
Thank you to Paul and more importantly Amy Bartold, for providing great legal support, during one of the most stressful and troubling times in my life. Amy you were very professional, patient, but yet meticulous in your approach to defending my case. Your legal expertise and attentiveness to historical legality led to an acquittal in my case. I want to thank you and Paul both for representing me, during a time in my life when I was very vulnerable, and had so much to lose. Once again, thank you for giving me my life back, and allowing me to live life unrestricted and free.
Controlled substances are drugs whose use is controlled by laws and regulations at the Federal and state level. They are divided into classifications based on their potential to cause addiction and abuse. These classifications are called “schedules”. There are 5 schedules, usually denoted by roman numerals I to V. The lower numbers have the highest abuse potential, and the lowest the least potential. The consequences for a drug possession conviction for any scheduled controlled substance, however, are severe.
You really helped us through a tough situation and got us the best possible outcome. The way you handled the situation, we believe was key to this great outcome. We will be sure to recommend you to anyone we know that needs the assistance of a great defense lawyer.
Schedule a
Free Consultation
Marijuana is still listed in the Drug Enforcement Administration (DEA) roster of Schedule I drugs at the Federal level. However, recreational possession of marijuana became legal in Michigan last year. It is still against the law to use marijuana in a school zone, however. It is also still against the law to use marijuana while driving, as it is to use any drug (or alcohol, for that matter).
At Michigan Defense Law, criminal defense attorney Paul J. Tafelski and his team of criminal defense attorneys understand the importance of protecting one’s freedom. They may be able to help you navigate the legal system and help you receive a more favorable outcome.
To speak with skilled drug possession attorneys and seek legal advice, call Michigan Defense Law today: (248) 451-2200.
Drug possession penalties depend on two factors: the schedule of the drug and the amount law enforcement says you had. Under Michigan law, penalties are highest for Schedule I and II drugs and they climb with the amount as well. (Take note that there are also federal criminal laws addressing possession of controlled substances. The penalties for violating those laws tend to be more severe, generally speaking. We do not address those laws here.)
Here are the potential penalties under Michigan law for drug possession.
If you are convicted of possessing less than 25 grams of Schedule I or II drugs, such as heroin, you could face up to 4 years in prison and a $25,000 fine, or both.
The penalties are the same for 25 to 50 grams.
Possession of 50 to 450 grams can result in a prison term of up to 20 years and a $250,000.00 fine, or both.
Possession of 450 to 1,000 grams can result in a prison term of up to 30 years and a $500,000.00 fine, or both.
Possession of more than 1,000 grams can result in life in prison or a $1 million fine, or both.
Possession of methamphetamine or ecstasy (MDMA) can result in up to 10 years in prison or a $15,000 fine, or both.
Possession of a Schedule I, II, III, or IV drug (or analogue) that is neither a narcotic nor cocaine can result in two years in prison and a $2,000 fine, or both.
All of the above are felonies, which are more serious crimes than misdemeanors, and thus carry higher penalties.
Some drug possession charges are misdemeanors. Possession of a Schedule V substance, for example, LSD, psilocin, psilocybin (mushrooms), mescaline, peyote, or dimethyltryptamine is a misdemeanor. The penalties are up to a year in jail or a $2,000.00 fine, or both.
If you are charged with possession of a prescription form, it is also a misdemeanor. Penalties include up to 1 year in jail, a $1,000 fine, or both.
Paul J. Tafelski is an excellent choice for an attorney. We were stuck in a difficult situation, he listened intently, was sincere, and made us feel supported during a very stressful time. He answers all questions and doesn’t talk about money. He is an upstanding professional who really does want to help! We are so glad that we found a compassionate human being to help us during a very vulnerable time. Thank you Paul for all of your help!!!
Remember, being charged with drug possession is not a conviction. You have the right to a vigorous defense.
Your drug crime lawyer can discuss defenses for a drug possession charge with you. If you are innocent of the charges, explain the situation fully and calmly. It’s a distressing situation, but your legal team needs to know the complete facts from your point of view.
In many cases, drug possession charges stem from a traffic stop, where the officer who stopped the car claims to have smelled or seen drugs or paraphernalia related to drugs, or otherwise claims to have suspected the occupants were under the influence of drugs. There are specific laws governing the search and seizure of items from a vehicle. One possible defense is challenging the search as illegal or challenging the evidence’s validity because of how it was found.
Controlled substances need to be tested to verify that they are controlled substances, and no baking powder or sugar, for instance. Another potential defense is to challenge the testing as erroneous.
Many times, people are charged with drug possession when in fact the substances in question were not theirs. Unfortunately, in the eyes of the law, having control over someone else’s drugs can still constitute you “possessing” it. A defense attorney can advise you about a possible defense, however, in which the challenge is that you were only transporting the substance and had no intent to possess it.
It is also often possible to plead guilty to a reduced charge, especially for a first offense.
In some cases, courts will sentence offenders to a mandatory rehabilitation program rather than jail, fines, or other penalties. Your lawyer may advocate for your placement in these programs in lieu of other penalties.
Schedule a
Free Consultation
Got into legal trouble first time in my life. I am a professional with a lot at stake, license, job etc. Didn't know what to expect. He is the best at what he does. Got me the best outcome and even helped me after a year to make sure the record is off. I have come across many attorneys, honestly He is awesome and personable. I would highly recommend him anytime. Paul is not your typical attorney!!
Schedule a
Free Consultation
Drug possession charges can be frightening because of the stakes involved. A felony conviction is life-changing and the penalties may be onerous. A seasoned Michigan drug possession lawyer can explain your rights under the law and fight to see that justice is done. Contact Michigan Defense Law today to speak with our experienced criminal defense lawyer Paul J. Tafelski and his team.
Contact us today at (248) 451-2200 to schedule a consultation. Attorney Paul J. Tafelski can also help with:
Navigation
Navigation
Open Hours
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. Michigan Defense Law cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter. Privacy Policy | Terms of Service.