Possession of Marijuana
MCL 333.7403 is defined as: “Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; pen aalties; discharge from lifetime probation” (Michigan Legislature)
Under Michigan law marijuana is listed as a “Schedule 1 controlled substance”.
Possession of any amount of Marijuana is a misdemeanor which is punishable by a maximum of 1 year in jail and a maximum fine of $2,000.
Use of marijuana is a misdemeanor which is punishable by a maximum of 90 days in jail and a maximum fine of $100.
Possession in or within 1,000 feet of a public park can be a felony or a misdemeanor, based on the judge’s discretion, and carries a maximum of 2 years imprisonment and a maximum fine of $2,000.
Cultivation & Sale
Sale without remuneration is a misdemeanor punishable by a maximum of 1 year jail and a maximum fine of $1,000.
The sale of less than 5 kilograms is a felony punishable by a maximum sentence of 4 years jail and a maximum fine of $20,000.
The sale of 5 kilograms – less than 45 kilograms is a felony, which is punishable by a maximum sentence of 7 years jail and a maximum fine of $500,000.
The sale of 45 kilograms or more is a felony, which is punishable by a maximum sentence of 15 years jail and a maximum fine of $10,000,000.
The cultivation of fewer than 20 plants is a felony punishable by a maximum sentence of 4 years jail and a maximum fine of $20,000. The cultivation of 20 – less than 200 plants is a felony, which is punishable by a maximum sentence of 7 years jail and a maximum fine of $500,000. The cultivation of more than 200 plants is a felony, which is punishable by a maximum sentence of 15 years jail and a maximum fine of $10,000,000.
Avoiding a drug conviction:
- Section 333.7411 (otherwise known as 74-11) is a statue which allows those who have not been previously charged with a drug crime in Michigan to avoid a conviction that would go on their permanent criminal history. 74-11 acts as a diversion program and upon successful completion of 74-11 offenders can remain without a drug conviction. It is important to note that 74-11 can only be used once, and you MUST NOT have a previous drug conviction.
- There is a provision of Michigan Law, Called the Holmes Youthful Trainee Act, or HYTA, which allows a person who commits a crime after their 17th, but before their 21st birthday, to keep the whole thing off their record. HYTA is special in that HYTA applies to all kinds of crimes (with some exceptions).
Both HYTA & 74-11 require the offender to successfully complete a term of probation as ordered by the judge. The Judge has ultimate discretion in deciding whether or not the offender will receive either 74-11 or HYTA.
Michigan Possession of Marijuana Law MCL. 333.7403
333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; discharge from lifetime probation.
Sec. 7403.
(1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.
(2) A person who violates this section as to:
(a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv), and:
(i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.
(ii) Which is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.
(iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.
(iv) Which is in an amount of 25 grams or more, but less than 50 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.
(v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.
(b) Either of the following:
(i) A substance described in section 7212(1)(h) or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.
(ii) A controlled substance classified in schedule 1, 2, 3, or 4, except a controlled substance for which a penalty is prescribed in subdivision (a), (b)(i), (c), or (d), or a controlled substance analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(c) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5 is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
(d) Marihuana is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
(e) A prescription form is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(3) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) as it existed before March 1, 2003 and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual’s probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking resentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking resentencing under this subsection.
Todd Levitt, Northern Michigan Lawyer can be reached for a free consultation at 989-772-6000