Drug Crime Defense

Drug Crimes

Michigan drug offenses run from simple possession under MCL 333.7403 to delivery and manufacturing under MCL 333.7401. We begin by examining the stop, the search, and the seizure that produced the evidence, because how the evidence was obtained often shapes the rest of the case.

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Understanding the Charge

How Michigan charges drug offenses.

Michigan drug laws operate under a tiered system where the schedule of the substance, the weight involved, and the alleged conduct determine the severity. Schedule 1 and 2 controlled substances (heroin, cocaine, fentanyl, methamphetamine) carry the harshest penalties; marijuana violations carry the lightest. The difference between possession and delivery can be the difference between a 4-year felony under MCL 333.7403(2)(a) and a 20-year felony under MCL 333.7401(2)(a) — and those lines are often blurrier than the charging documents suggest.

The Fourth Amendment is central to most drug cases. If law enforcement violated your constitutional rights during a stop, search, or seizure, the evidence they found may be suppressed. Without that evidence, the case often cannot proceed.

Charges We Defend

  • Possession (any schedule)
  • Possession with intent to deliver
  • Delivery / distribution
  • Manufacturing / cultivation
  • Drug trafficking
  • Drug conspiracy charges
  • Prescription fraud

Penalties and Consequences

  • 01Life or any term of years for delivery or manufacture of 1,000+ grams, MCL 333.7401(2)(a)(i)
  • 02Fines reaching $1,000,000 at the highest weight tier
  • 03Asset forfeiture and property seizure
  • 04A felony conviction on your record
  • 05Barriers to employment and professional licensing
  • 06Immigration consequences for non-citizens
  • 07Probation conditions including testing and treatment
Michigan Penalty Tiers

What the statute allows.

OffenseMaximum Penalty
Marijuana possession — Personal use, age 21+Legal up to 2.5 oz under the MRTMA; amounts outside MRTMA limits are charged under the Public Health Code
Possession — narcotics / cocaine under 50g — MCL 333.7403(2)(a)Up to 4 years / $25,000
Possession — narcotics / cocaine 50–449g — MCL 333.7403(2)(a)Up to 20 years / $250,000
Delivery / PWID — narcotics under 50g — MCL 333.7401(2)(a)Up to 20 years / $25,000
Manufacture or delivery — methamphetamine, ecstasy, GHB — MCL 333.7401(2)(b)(i)Up to 20 years / $25,000
Delivery / manufacture — 1,000+ grams — MCL 333.7401(2)(a)(i)Life or any term of years / $1,000,000

Penalties vary with the substance, quantity, and prior record. Under MCL 333.7413, a court may impose up to twice the term otherwise authorized for a qualifying repeat offense — it is an enhancement the court may impose, not a separate mandatory tier. This table is a general summary, not legal advice about your case.

Defense Approach

What a drug defense examines.

01

Search and Seizure Review

We scrutinize every police report, body camera, and warrant application. Unlawful stops, pretextual searches, and warrant defects can support suppression of the core evidence in a drug case.

02

Lab & Chain of Custody

Drug identification must be confirmed by certified lab analysis. We demand full documentation and examine improper handling, contamination, or identification errors.

03

Constructive Possession

Proximity to drugs does not equal possession. When drugs are found in a shared space, car, or residence, we examine whether our client actually exercised control — or even knew they were there.

04

Entrapment & Informants

Undercover operations and paid informants raise entrapment defenses and credibility issues. We investigate informant agreements and discover what inducements the government offered.

Common Questions

Drug charge questions answered.

Can drug charges be dismissed if the search was illegal?
Under the Fourth Amendment exclusionary rule, evidence obtained through an unlawful search or seizure generally cannot be used against you at trial. If the drugs are the only evidence, suppression of that evidence can lead to dismissal. Search and seizure issues are central to most drug cases, and they are the first thing we examine in every case.
What is the difference between possession and possession with intent?
Prosecutors charge possession with intent to deliver (PWID) when they believe the quantity, packaging, or accompanying items (scales, baggies, large amounts of cash) indicate distribution rather than personal use. The difference is substantial: under MCL 333.7401(2)(a), delivery or possession with intent to deliver less than 50 grams of a schedule 1 or 2 narcotic carries up to 20 years, while possession of the same amount under MCL 333.7403(2)(a) carries up to 4 years. We examine the intent evidence thoroughly, arguing it is consistent with personal use and that the prosecution cannot prove intent beyond a reasonable doubt.
Does Michigan have drug court or diversion programs?
Yes. Michigan has drug treatment courts in most jurisdictions, and MCL 333.7411 allows a court to defer proceedings for a first-offense possession charge. Upon successful completion of probation, the charge is dismissed and the record of the proceeding is closed to public inspection. Eligibility depends on the charge, the substance, and your prior record. We evaluate diversion options alongside trial options for every client.
Consultation

Speak with an Ann Arbor drug crime lawyer.

Early involvement lets us examine the stop, the search, and the lab work while every option is still open.