Articles Posted in Drug Offenses


This publication is dedicated to the topic of drug crimes involving “possession” (as opposed to the more serious felony drug crimes for delivery). This extensive analysis is based upon our firm’s experience in handling drug crimes throughout Macomb County, especially in the 37th District Court (Warren, Centerline), 41-A District Court (Shelby Township, Utica, Macomb Township, Sterling Heights), 41-B District Court (Clinton Township, Harrison Township, Mount Clemens), 42-1 District Court (Romeo, Washington Township) and 42-2 District Court (New Baltimore, Chesterfield Township).

Some of the topics that will be covered in this 2016-2017 Macomb County Possession of Marijuana, Drugs, Paraphernalia Update are:

  • Can the police search my vehicle if I a stopped for a non-criminal traffic violation?
  • Can I be charged with possession of drugs/marijuana if I did not have them in my possession?
  • Can a case be dismissed if someone else is willing to take the rap in the court system?
  • Can the police search my vehicle because they claim that they smell marijuana?
  • Should I do undercover work (snitch) with the police if I am facing a drug crime?
  • Can I be charged with maintaining a drug house if I was in my car and not my house?
  • Will I lose my right to Carry a Concealed Pistol (CPL) if I am convicted of a drug crime (possession of marijuana, possession of analogue, possession of heroin)?
  • Why is 7411 such a big deal?

IMAGE BELOW: Unedited portion of police report from a recent Abdo Law marijuana case in Eastpointe, Michigan (38th District Court).


The vast drug problem in Macomb County and elsewhere has resulted in limited police resources. In my opinion, the police make pre-textual traffic stops and engage in profiling to maximize their law enforcement efforts. A pre-textual traffic stop is one that usually based some minor traffic violation but allows the police to investigate other suspected criminal conduct during the course of the confrontation.  Profiling (based upon age, race, poverty) is universally condemned by the criminal defense bar as a legitimate practice but is considered a valid means to fight the war on drugs in the eyes of the government/police.

 Important Legal Ramifications of Drug “Possession” Crimes 


  • Driver license suspension:  The driver’s license of a person convicted of any drug crime will be suspended for a period 180 days with possible restrictions after the first 30 days. License action does not apply when a drug crime is resolved pursuant to HYTA or MCL 333.7411.
  • MCL 333.7411: Disposition under MCL 333.7411 will result in a dismissal upon successful completion of probation and will not result in any license sanctions as stated above. There may be only one (1) lifetime dismissal under this provision. This provision applies ONLY to drug use or possession crimes. It does not apply to possession of paraphernalia, maintaining a drug house (discussed in detail below) or to any drug crimes involving the manufacturing (growing) or delivery.
  • Concealed Pistol License (CPL): A person convicted of a misdemeanor drug crime will not be able to apply for a CPL for a period of three (3) years. A person convicted of any felony, including all felony drug crimes, will not be able to own or possess a firearm pursuant to both State of Michigan and Federal laws. A person with a valid Michigan Medical Marijuana card is not permitted to purchase a firearm pursuant to Federal laws.
  • Excessive possession with medical marijuana card:  A person that possesses an excessive amount of marijuana beyond the scope of the Medical Marijuana laws as a patient or caregiver may be charged with a drug crime for possession (misdemeanor) or possession with intent to deliver (felony).
  • Section 8 Defense:  A person that would otherwise qualify as a patient or caregiver but does not have a medical marijuana card may assert a Section 8 defense (medical purpose) to fight a possession of marijuana case.
  • Double penalty for second drug crime conviction:  A second drug crime conviction is subject to enhancement under MCL 333.7413 with the potential for double penalty as to incarceration and fines. This can lead to harsh consequences when a person is charged with a drug crime otherwise classified as a misdemeanor, such as possession of marijuana. A second possession of marijuana conviction would constitute a felony (2 years maximum sentence) if enhanced by the prosecutor pursuant to MCL 333.7413. In our experience as criminal and drug crime defense lawyers, the Macomb County Prosecutor’s Office does not hesitate to utilize the double penalty provision when charging for repeat drug crimes.

Misdemeanor or Felony Classifications, Possession of Marijuana, Analogues, Heroin, Cocaine

Again, this publication is intended to provide information for the crimes charged under the Michigan criminal laws that prohibit possession of marijuana or drugs for personal use, as opposed to the more serious felony drug crimes of manufacturing or delivery.  All drugs in Michigan are classified from Schedule 1 to Schedule 5 pursuant to MCL 333.7212 of the Michigan Public Health Code. The breakdown of drugs into schedules is based upon the potential for abuse/addiction (Schedule 1 drugs are considered the most dangerous/addictive/abusive).  Drug crime penalties:

Drug Crime

Possession Ecstasy

Possession Meth

Possession Heroin

Possession Cocaine

Possession Oxycodone

Possession Analogues

Possession LSD

Possession Psilocybin

Possession of Marijuana

Possession Parphernalia












Maximum Penalty

10 years, $15,000 fine

10 years, $15,000 fine

4 years, $25,000 fine

4 years, $25,000 fine

4 years, $25,000 fine

2 years, $2,000 fine

1 year, $2,000 fine

1 year, $2,000 fine

1 year, $2,000 fine

90 days, $5,000 fine

 Can the police search my car if I am only stopped for a non-criminal traffic violation?

The police may not conduct a search without a valid search warrant or legal grounds to conduct a search without a warrant.

If a person is pulled over or stopped by the police for a non-criminal traffic violation, there is rarely any justification to search the vehicle or occupants. However, the reality in our Macomb County criminal cases indicates otherwise. We are seeing a large number of cases where individuals are charged with possession of marijuana, paraphernalia, analogues or other drugs when the police can invent or find a way to conduct a search (see plain view, plain smell, consent discussed below). In fact, drug crimes involving possession, especially marijuana, consistently show up in higher numbers than other crimes on every criminal docket in our Macomb County Courts. I attribute the increase in drug possession crimes in Macomb County to the widespread distribution of marijuana, heroin and analogue drugs (especially Xanax, Vicodin, Adderall, Norco) which seem to be easily available in every community. The extent of the problem was covered in a recent Detroit Free Press article, Mich drug overdose deaths up 14%; heroin, pain-killers are culprits.

Legal grounds to search a person or vehicle without a warrant

In my opinion, the police ignore many opportunities to stop a vehicle for a marginal or minor traffic violation unless they feel that the traffic stop will yield other fruits.

Once a valid traffic stop is made, the police are in a lawful position to observe their surroundings and make an inquiry. Here are some common factors in drug cases that we have handled in the Macomb County Courts:

  • Vehicle is occupied by youthful offenders.
  • The traffic stop or confrontation occurs in the late evening hours.
  • The traffic stop is for a minor traffic violation or defective equipment.
  • The vehicle parked in a dark or suspicious area.
  • The police conduct a search pursuant to consent, smell of marijuana or plain view (see explanation below).
  • Criminal charges will be pursued or the suspected party will be asked to provide cooperation/undercover work if marijuana or any drugs (even slight quantities) are found.
  • In addition to pressing criminal charges, the police may consider seizing any cash and the motor vehicle involved.

Based upon Michigan laws, a search may occur without a warrant under these circumstances:

  • Plain view:  Objects found in plain view are subject to seizure without any further justification provided that the law enforcement officer has acted legally.
  • Consent:  The police do not need a warrant or probable cause to search a person or vehicle if they obtain the consent of the party.
  • Smell of marijuana: The Michigan Supreme Court has held that the smell, or like plain view, “plain smell”, can justify a search of a car without a warrant.
  • Search incident to an arrest:  If criminal conduct is discovered following a traffic stop, such as a person driving on a suspended license, the police may conduct a search of the person and an inventory search of the vehicle incident to the arrest. (Driving on a suspended license (DWLS) is a crime, not a civil infraction.

Link to youtube video regarding consent searches:

Do the police ever fabricate grounds or abuse the process to conduct a search without a warrant?

Legal arguments arise when the police look into a glove-box or vehicle compartment and claim that a well-hidden illegal substance, such as marijuana or paraphernalia, was found in plain view. Consent searches are also an area of contention that sometimes demand a closer look especially when consent is obtained based upon coercion or threats. Some tactics used by the police to get a party’s consent:

  • Threat to obtain a search warrant.
  • Threat to get the K-9 dogs to sniff out the dope.
  • Claim by police that person or car smells like marijuana but want to obtain consent as a second means to validate a search.

In a related article from the Washington Post, STOP AND SEIZE, see how the police use traffic stops to take hundreds of millions of dollars from motorists not charged with crimes.

HELP: I did not have the marijuana/drugs in my possession but the police charged me with possession!

In the eyes of the law, there is such a thing as being at the wrong place at the wrong time. When the police find marijuana or other illegal property in a vehicle, they may opt to charge only one party, or every party/occupant that can be said to be in “possession” or control of the property.

Actual possession:  A person caught red handed with marijuana hidden in his clothing (pocket, bra) is in actual possession and would have a hard time proving otherwise.

Constructive possession:  Constructive possession means a person had knowledge of the substance and an ability to control it. This differs from actual possession and would encompass situations where drugs are not found on a person but in an area within his control. For example, assume the police find marijuana or drugs in what we call a “common area” (under a passenger seat, ashtray or on the floor). In these scenarios, the police may charge every occupant with possession under the theory of “constructive possession”.

One person willing to take the blame:  In other drug cases that wind up in the system, we may have a single party that is willing to take the rap for others. Under the circumstances, the prosecutor can still argue joint possession or that the party taking the blame lacks credibility.

Should I do undercover work for the police if I am facing drug charges or get a lawyer and go with the court option?

The police may offer leniency or some concession on the drug charges in exchange for cooperation, or what is commonly known as snitching. Undercover drug operations are dangerous and a favorable deal by the police is not assured. Furthermore, undercover activities are often done outside of the court system and without the protection of a lawyer.

The advice of an experienced criminal defense lawyer is crucial when confronted with this option. Engaging in undercover drug deals is not within the comfort zone of most of our Macomb County suburban clients. In fact, our clients have chosen the court option as opposed to snitching more than 90% of the time. In addition, clients have retained our firm following a frustrating episode of cooperation/snitching.

What does it mean if I am charged with maintaining a drug house?

The prosecutor can raise the stakes on mere drug possession charges by adding an additional serious criminal charge known as “maintaining a drug house” when a person:

Knowingly maintains a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances.

Maintaining a drug house is considered a high court misdemeanor in Michigan that punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both. For many purposes, it is viewed as a felony because the punishment consequence is greater than 1 year.

Charged with possession of marijuana, paraphernalia or drugs? It’s not as bad as you think!

When confronted with a drug crime, or the issues surrounding a questionable search, our Macomb County criminal defense lawyers will break down the legal options and make recommendations that are in your best interests. Taking an extreme position to engage in an all out war against the police and prosecutor is not necessarily going to be our recommendation. Other less drastic legal solutions are often at our disposal to resolve a drug case.

Fortunately, drug crimes are legally manageable in the court system. Jail is rarely on the table and plea bargains under special provisions of law can equal a dismissal after a period of probation:

MCL 33.7411: (As discussed in an earlier section of this publication) Subject to an offer by the prosecutor and acceptance by the court:  Allows for first time drug crimes involving possession (INCLUDES ALL MISDEMEANOR OR FELONY DRUG USE OR POSSESSION CRIMES) to be dismissed after a period of probation.

HYTA:  Subject to acceptance by the court when requested and approval by the prosecutor for offenders age 21-23:  Allows for dismissal of drug crimes (INCLUDING DELIVERY) to be dismissed. This provision applies to offenders from age 17 but under age 24. This provision of law may be used more than once as long as the offender is meets the age requirements and the offense is one that is not excluded by HYTA.

Felony Drug Possession:  As I have written, 7411 may be utilized to get a dismissal of a felony “possession” drug charge. However, 7411 is not available more than once or for those with a drug crime record. When the answer cannot be found in 7411 or HYTA, our goal may be to negotiate reduction of a felony drug possession charge down to a misdemeanor.

Even repeat drug crime offenders, or those with a prior criminal record, are not necessarily looking at jail. In this regard, we are seeing more compassion exercised by the court system in cases where the offender is willing to engage in substance abuse treatment. In addition, the courts are starting to lighten up on offenders that have a medical marijuana card. Again, the Macomb County Courts will consider a viable treatment plan in lieu of jail in our experience.

Our blogs are based upon our personal experience as criminal defense lawyers.  For more information about felony representation, misdemeanor representation, drug crime representation, plea bargaining, sentencing or other areas of criminal law, please  feel free to review our website and other blogs published by ABDO  LAW.








A recent article in the Detroit Free Press says what I have been wanting to say about forfeitures, “Justifiable Seizures Or Legal Shakedowns by the Police?” The article makes several observations:

-Michigan gets a D- as being one of the worst states in the nation property seizures/forfeitures,

-Michigan’s forfeiture laws lack enough safeguards,

paraphernalia pic.jpg
Possession or sale of drug paraphernalia is a criminal offense in Michigan. A person may be charged with the offense “possession of drug paraphernalia” even though there are no drugs or marijuana involved. Most items the law considers drug paraphernalia are harmless and not otherwise illegal. However, when the items are associated with past or present illegal drug use, criminal charges may be pursued.

Drug paraphernalia, or narcotics paraphernalia, is the umbrella label given to describe the equipment utilized for the purpose of using or dealing in controlled substances and marijuana. A marijuana pipe, a triple beam scale, needles and bongs are all considered drug paraphernalia.

In Michigan, the definition of drug paraphernalia is found at MCL 333.7451:

image.pngCooperation, Undercover Drug Deals, Snitching: Using the little fish to get the big fish.

We have found that our clients charged with drug crimes experience a state of insecurity and despair when it comes to doing undercover work or cooperating with the police. This is something that is outside of the comfort zone for nearly everyone, especially the family members of our clients faced with this dilemma.

The classic predicament: Should a person engage in undercover drug deals or hire a lawyer for advice and face the criminal charges in the court system?

drug abuse.jpgA recent article in the Detroit Free Press, “Troubling heroin addiction trend grips southeast Michigan“, verifies what our law firm sees on a regular basis. The article points out that the prescription drug abuse is a precursor to heroin use. Heroin becomes the drug of choice when a user can no longer supply his or her drug habit with analogue drugs such as Vicodin and OxyContin. The article states, “Our 18- to 25-year population has exploded” in recent years…. The prescription medication problem is pushing this heroin problem. Anybody who tells you anything different doesn’t know what they’re talking about. I could poll every kid who comes in our clinic, and it’s a broken record. It’s the Vicodin and OxyContin, and then it goes to the heroin.”

In my opinion, this article is long overdue and right on point. On a daily basis, our criminal defense lawyers deal with new and existing clients who are charged with drug crimes in Macomb County ranging from possession of marijuana, possession of analogues or possession of heroin. We are also seeing a greater number of cases which involve the drugs ecstasy (MDMA) and methamphetamine. Drug offenses are consistently high on the list of prevalent misdemeanor and felony cases which we handle. From a legal point of view, the drug user who is charged with a crime must address a drug problem while going through the formal court process.

Sterling Heights is also facing a problem with heroin use, as evidenced by a recent article found on WDIV’s website. “Police say many children are switching from prescription pill abuse to heroin because it’s cheaper.”

concealed pistol.jpg
At Abdo Law, we deal with many clients that maintain a Concealed Pistol License, or CPL, and the question always arises: will I lose my CPL if I’m charged or convicted of a crime? The answer is maybe, but Abdo Law’s dedicated attorneys will do everything in their power to guide clients through the process.

The State of Michigan sets guidelines for those wishing to obtain a CPL:

• Applicant must be at least 21 years of age;

• Be a citizen of the United States or an immigrant lawfully admitted into the United States (green card holders)

• Be a resident of the State of Michigan for at least 6 months prior to application
• Successfully complete a pistol safety training course
• The applicant may not be subject to involuntary hospitalization, an order finding legal incapacitation or a finding of not guilty by reason of insanity
• Not be subject to a conditional bond release that prohibits the purchase/use of firearms
• Not be subject of a personal protection order (PPO)

• Applicant has not been prohibited from having firearms in his/her possession, pursuant to MCL 750.224f

• Have no felony charge pending in Michigan, or any other jurisdiction
• Applicant was not dishonorably discharged from the United States Armed Forces
In addition to the above requirements, applicants for a CPL must prove to the State of Michigan that they have not been convicted of certain misdemeanors. Some convictions bar the applicant for 8 years and others bar the applicant for 3 years. Lists with examples of such crimes have been provided below.

A question that occasionally presents itself is whether a matter that was disposed of under HYTA, 7411, 769.4a, or 771.1 will affect a CPL license. It is my understanding is that a CPL typically will not be granted to individuals on probation, even with a deferral. These dispositions still show up on the back end of records systems for law enforcement. Moreover, my understanding is that while it is possible to get a CPL after a case disposed of with HYTA or 7411, it is less likely for a case concluded with 769.4a or 771.1. Before being granted the license, in Macomb County for example, you need to first sit before a board. Somebody who just got off probation, even with a 769.4a, may have trouble getting a CPL even though the case has been dismissed. Being that the charge tends to indicate violent behavior, it is my opinion such an individual will have more difficulty getting a CPL than someone with a 7411 deferral. Please be advised, this is just my opinion.

Nonetheless, if you believe your current or potential gun rights could be jeopardized you should engage counsel immediately. Deferrals, reductions, and dismissals could be helpful in reducing the time that you are ineligible for a CPL. On the following page we have provided crimes that make applicants ineligible for a CPL.
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PT blog picture.jpgThis year, we have published several blogs dedicated to “frequently asked (criminal law) questions”. Whenever possible, we endeavor to avoid legalese by providing articles in layman’s terms. The focus of this blog is pretrial conferences in Macomb County District Courts.

What is a pretrial conference?

A pretrial conference is a meeting that is attended by the attorneys for the parties in a criminal or civil case. The major purposes of a pretrial conference are to facilitate resolution of a case, management of a case for trial or management of a case regarding pertinent issues (as listed below). A pretrial conference is scheduled after either a criminal or civil case is filed with the court, a case number and a Judge are assigned. In Macomb County, criminal pretrial conferences are held soon after the arraignment. For misdemeanors, which occur in Macomb County, the pretrial conference will always be held at the district court (click here for complete listing of links to Macomb County District Courts). Felony pretrial conferences can occur on the date scheduled for a preliminary examination and again after the case is bound over to the circuit court. A person charged with a crime (the defendant) is required to be present on the date scheduled for pretrial conference. However, he or she is usually not allowed in the conference room with the attorneys. On the other hand, police officers and victim’s rights advocates with court business are allowed in the conference room. Likewise, an alleged victim may be present at the pretrial conference as the prosecutor must obtain the victim’s consent for a plea bargain in most criminal cases.

Top 50 Artwork.png

The Michigan Bar Association releases crime data for the state from time to time. While researching cases, we came across an informative article written by the Michigan Bar Association regarding the most frequently charged felonies in the State of Michigan. This article can be viewed here: Top 50 Felonies Most Frequently Charged in Michigan. Based upon our experience, I would agree: this list is an accurate representation of the types of cases that our Macomb County criminal defense firm handles on a frequent basis.

Listed below is a selection of the top felonies charged in Michigan:
Possession of a Controlled Substance (heroin, cocaine, analogues)
• Possession of Marijuana (double penalty for second offense)
• Possession of methamphetamine (MDMA)
Possession with intent to deliver less than 50 grams (cocaine, narcotic)
• Possession of an Analogue controlled substance (pills)
• Possession with intent to deliver marijuana • Manufacturer or delivery of less than 5 kilograms of marijuana • Drunk driving – 3rd offense
• Assault with Dangerous/Deadly Weapon (“Felonious Assault”)
Assault with Intent to do Great Bodily Harm
• Resist/Obstruct a Police Officer & fleeing and eluding • Criminal Sexual Conduct – 1st, 2nd, 3rd and 4th Degree • Keeping or Maintaining Drug House • Home Invasion
• Retail Fraud 1st Degree (Retail Fraud 2nd and 3rd Degree are misdemeanors)
• Larceny in a Building, Larceny from a Vehicle
Sometimes, the amount of loss will determine whether an offense is classified as a felony. Offenses, such as embezzlement and malicious destruction of property, are also on the list of top felonies when the value is $1,000.00 or greater. If the value of stolen property was less than $1,000.00, the offense would qualify as a misdemeanor.

Pursuant to the Michigan Sentencing Guidelines, felonies are further broken down into categories that determine the accompanying sentence. Punishment for each class is listed below:

  • Class A – Life imprisonment
  • Class B – Up to 20 years in prison
  • Class C – Up to 15 years in prison
  • Class D – Up to 10 years in prison
  • Class E – Up to 5 years in prison
  • Class F – Up to 4 years in prison
  • Class G – Up to 2 years in prison
  • Class H – Jail or other intermediate sanctions, such as fines

Note: A future blog will be dedicated to the Michigan Sentencing Guidelines.

Below, you will find connections to some of our blogs that are pertinent to felony cases:

All Felony-related Posts

Drug Possession

Felony Assault – Assault with a Deadly Weapon

Fleeing, Eluding and Obstructing the Police

First Degree Retail Fraud and Larceny

Third Drunk Driving Conviction

Child Abuse and Neglect

Felony Marijuana Possession
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In this concluding portion of our series, we will discuss illegal searches as they relate to an individual’s home. The following will serve as a paradigm for exploring police searches of the home;

Were the police allowed to enter the home?
Were the police allowed to search the home?
What was the scope of the permissible search within the hom

The 4th Amendment provides the most safeguards to people in their homes. This stems from colonial America and is one of the foundational principles of the Bill of Rights. The 4th Amendment is premised on the idea that the home is one’s castle and the government cannot enter it unless there is good reason to do so. Searches of the home can be separated into two categories, searches with and without warrants. A search absent a warrant is presumptively unreasonable. Without a warrant, police can only search somebody’s home if there is exception to the warrant rule. However, this is one the situations in law where it is said the exception swallows the rule.

Searches WITH Warrants

This post will discuss two types of warrants, search warrants and arrest warrants. Arrest warrants will be discussed more as an exception to the warrant rule. A search warrant must be based on probable cause. Probable cause is presented via affidavit which must be signed by a judge or magistrate. Warrants can be defective on the grounds they are ‘stale‘, or based on old information. They can further be defective on the grounds of scope and specificity. There needs to be some guidance as to what can be seized in order to limit officers’ discretion. However, it can sometimes be difficult to challenge warrants because of the “good faith exception”, often preventing the suppression of evidence where an improper warrant was relied on in good faith.

Searches WITHOUT Warrants
The major recognized exceptions to the warrant requirements are;

1) Consent (standing),
2) Exigent circumstances,
3) Emergency aid,
4) Search incident to arrest,
5) And plain view.

The police may enter a home where there is consent that is freely given. However, from a legal standpoint one must have standing (or the authority) to give consent. Somebody must be more than just a temporary guest in order to give the police permission to search somebody’s home (an overnight guest, however, is sufficient). Where there is an immediate and pressing interest in preserving evidence, protecting police/the public, or preventing a suspect from escaping police can enter a home under the ‘exigent circumstances‘ doctrine. Where there is a reasonable belief that somebody is in need of medical attention police may enter a dwelling. However, police must have more than ‘speculation that someone inside side may have been injured’ in order to justify a warrantless intrusion under this doctrine. As stated above, where an arrest warrant has issued police may enter a home to effectuate that arrest without a separate warrant. This does not allow the police to enter a third party’s home and further they will be limited to only conducting a protective sweep within the home. Where a police officer is positioned somewhere he/she is legally allowed to be and can see evidence of a crime that officer can seize the item. The example that is often given is where police sees evidence of a crime through a window, absent an exception, they must still obtain a warrant to enter the home.
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marijuana growing.jpg

Michigan has become a state that has decriminalized medical marijuana for qualified patients and caregivers. However, our criminal defense lawyers have seen an increase of marijuana busts which involve medical marijuana caregivers, as well as patients, who are engaged in one of the following:

-Exceeds the number of marijuana plants, or quantity of marijuana, that is legally allowed for medical marijuana caregivers and/or patients
-Sells or transfers marijuana to a person (or undercover police officer) other than a qualified patient
In both of the above scenarios, the police will conduct a search and seizure of drugs, money, firearms and other property that can seized pursuant to the forfeiture laws. If a motor vehicle is used to transport the marijuana, it may also be seized. As always, “cash is king” and the police love confiscating cash under the theory that the cash was obtained from illegal drug transactions or that the controlled under cover buy money was mixed in with other cash.

Usually, the police will gain information regarding an illegal marijuana operation from a confidential informant. The informant is usually someone who has been caught with drugs or marijuana and is promised leniency for his or her cooperation with authorities.

Felony Marijuana Delivery, Manufacturing and Possession with Intent to Deliver Penalties

The penalties associated with marijuana crimes (delivery, growing, possession with intent to deliver will depend upon the quantity of marijuana involved. All of these offenses are felonies which can carry a term in prison and massive fines:

-1-4 kilograms and less than 20 plants, not more than 4 years and $20,000 fine
-5-44 kilograms or between 20-199 plants, not more than 7 years and/or $500,000 fine
-45 kilograms or more, or 200 plants or more, not more than 15 years and/or $10,000,000 fine
When the crime is manufacturing (growing), any size plant counts towards determining the appropriate penalty (even a sprout).

Click here for other drug crime penalties

Contact an attorney if you are arrested, charged or if your home is searched and property seized

Our attorneys know how to navigate the felony marijuana laws as well as the Michigan forfeiture laws. In every case, our goals are to avoid a felony conviction, avoid prison and avoid harsh fines which could result in financial ruin of an entire family. Some of our recent cases include the following results:

-Agreement by police to waive forfeiture of a residence where marijuana was manufactured.
-Settlement of seized assets within 24 hours after raid or seizure.
-Reduction of multiple felony charges (delivery of marijuana) to misdemeanors.
-Dismissal of felony marijuana cases pursuant to HYTA for youthful offenders.
-Avoidance of additional charges for possession of firearm during commission of felony.
-Avoidance of cooperation with the police.
-Fines and costs well below the maximum!
-No Jail!

7411: Dismissals available for first offenders charged with “use” or “possession”

The misdemeanor offenses for “use” or “possession”of marijuana are eligible for special disposition pursuant to MCL 333.7411 (“7411”) which allows for dismissal of the crime upon compliance with probation. However, a person is entitled to only one (1) disposition pursuant to 7411 in his or her lifetime.

Click here for medical marijuana application form
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