In Michigan, the use of a controlled substance without a valid prescription is a serious drug crime pursuant to MCL 333.7404. Controlled substances include marijuana, heroin, cocaine, and prescription drugs, such as OxyCotin or Vicodin. At La Grasso, Abdo & Silveri, our attorneys can not only help you prepare a defense for your criminal case, but can also help you seek immediate substance abuse counseling so that you can get the treatment you need. Criminal penalties for this offense vary depending on the drug’s classification.
- If you use a schedule 1 or 2 controlled substance classified as a narcotic drug, or a drug described in section 7212(1)(h), 7214(a)(iv) and 7214(c)(ii), you can be charged with a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000, or both.
- If you use drugs such as LSD, peyote, or any controlled substance classified as a schedule 5 drug, you can be charged with a misdemeanor punishable by imprisonment of not more than 6 months, a fine of not more than $500, or both.
- If you use drugs such as marijuana, you can be charged with a misdemeanor punishable by imprisonment of not more than 90 days, a fine of not more than $100, or both.
- If you use a schedule 1, 2, 3, or 4 controlled substance not covered by any other section of the statute, you can be charged with a misdemeanor punishable by imprisonment for not more than 1 year, a fine of up to $1,000, or both.
Other factors can also affect the possible penalties you may face. For example, punishment may be enhanced for those with prior drug convictions, or if the crime occurred in certain areas such as in close proximity to a school or church. However, a first offender may receive a reduced sentence, based on a Judge’s discretion. This can include possible sentencing alternatives such as probation or a delayed sentence. An experienced attorney can help you prepare the best defense based on your particular circumstances.
For these reasons, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Our skilled attorneys at La Grasso, Abdo & Silveri can help you prepare a defense and represent you in court. Finding resolution that can keep someone’s criminal record clean and keep you out of jail may be available. If you would like to set up a consultation to discuss your case further, please contact us or call (586) 413-7777 at your earliest convenience.
If you are convicted of possession of MDMA in Michigan, you may face severe penalties, including imprisonment and steep fines. MDMA is classified as a Schedule 1 drug in Michigan due to its dangerous and highly addictive nature. Two of the most common forms of MDMA are known as ecstasy and molly. Both may be cut with other drugs such as cocaine making them even more unsafe. In 2013, over 17 million Americans reported having used ecstasy at some point in their life according to the National Survey on Drug Use and Health. Due to its dangerous nature and prevalence, a conviction for possession of MDMA is a felony in Michigan.
Under Michigan law, whether an individual had possession of MDMA is a fact specific question. Michigan law defines possession beyond just having MDMA on your person. An individual can be charged with possession of MDMA if they have the drug in their control, or had the right to exercise control over the drug.
Under MCL 333.7403(2)(b)(i), penalties for possession of MDMA include imprisonment for up to 10 years, a fine of up to $15,000, or both. Under MCL 333.7401(2)(b)(i), penalties for possession of MDMA with intent to distribute include imprisonment of not more than 20 years or a fine of not more than $25,000, or both. These penalties may be enhanced based on factors such as being considered a habitual user. Committing the offense in the presence of a minor, or near a school or park, can also result in even harsher penalties. First offenders may have the opportunity to be placed on probation and/or enter a rehabilitation program, pursuant to MCL 333.7411.
If you or someone you know is dealing with a MDMA related charge, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Finding resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
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