The possession, use, or sale of certain controlled substances is illegal under both federal and Michigan state law. The specific charges can vary depending on several factors, including the type and amount of drugs involved. For those who have larger quantities of drugs or are suspected of intending to sell or deliver illegal drugs, the charges are often felony charges with serious potential consequences. If you have been charged with drug possession in Oakland County, you will need legal representation from a skilled drug crime attorney.
At Michigan Defense Law, our dedicated Oakland County felony drug charges attorneys understand the serious consequences you may face and are committed to protecting your future. With extensive experience in Michigan drug laws, we develop personalized defense strategies that challenge evidence, negotiate reduced charges, or explore alternative sentencing options. Contact us today at (248) 451-2200 to discuss your case and learn how we can fight for the best possible outcome.
Simple possession or possession of drug paraphernalia is usually a misdemeanor offense that may result in less than a year of jail time, while felony drug charges are much more serious.
Some examples of felony drug charges include:
There are two key defining criteria that can make the difference between a misdemeanor drug charge and a felony drug charge: the type of controlled substance and the amount of the controlled substance that you have under your control at the time of arrest.
Michigan has relaxed its drug laws somewhat when it comes to marijuana. If you possess any amount of marijuana, your maximum penalty is up to one year in prison and fines up to $2,000. No amount of marijuana possession will lead to felony charges unless you are cultivating, selling, or intending to deliver it. This is very different from the rules for heroin, cocaine, MDMA, and other dangerous or highly addictive drugs.
Under both Michigan and federal laws, drugs are classified into different schedules based on how dangerous the substances are and whether they have any legitimate medical use. For example:
Other controlled substances classified as Schedule I or Schedule II drugs include:
Oxycodone and certain other Schedule II substances are available by prescription. While you are permitted to have these medications with a valid prescription, they are illegal to possess, use, or distribute unless under the orders of a licensed physician.
Because heroin and cocaine are among the most dangerous drugs, the penalties are harsh for felony drug charges related to these narcotics. For example:
You may also face a felony charge of possession with intent to sell if the drugs are packaged in such a way that indicates they will be sold or if you have paraphernalia indicating the drugs are for sale and not simply for use. For example, having marijuana or other drugs divided into individual baggies or having a scale for measuring grams may be considered indicators of intent to sell a controlled substance.
Quantity of Controlled Substance | Potential Penalty | Maximum Fine |
---|---|---|
More than 1,000 grams | Up to life in prison | Up to $1 million |
450 – 1,000 grams | Up to 30 years in prison | Up to $500,000 |
50 – 450 grams | Up to 20 years in prison | Up to $250,000 |
25 – 50 grams | Up to 4 years in prison | Up to $25,000 |
While many drug crimes are based on the possession of illegal drugs, you can also be arrested and charged with a crime if you violate the laws related to prescription drugs.
The consequences of possessing prescription pills without a prescription vary depending both on the type and amount of medication. For example:
Both individuals and physicians can face felony charges for obtaining, using, or distributing certain prescription pills without a prescription. Doctors who illegally misuse their authority to prescribe medications may face much harsher consequences than individuals who simply possess illegal prescription drugs for their own use.
If you are facing prescription drug-related charges in Oakland County, Michigan Defense Law can provide the strong legal defense you need. Contact us today at (248) 451-2200 or reach out online for a free initial consultation.
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