There is a major provision of the Michigan Controlled Substance Act which is a vital tool for Michigan criminal attorneys representing drug offenders. The law is found at MCL 333.7411, also known as “7411” and applies only to persons charged with possession of marijuana, analogues or controlled substances. The law does not apply to persons charged with delivery, manufacturing, selling or trafficking drugs. Our Macomb county criminal defense attorneys have negotiated 7411 for numerous clients charged with “possession” drug crimes in the Michigan criminal courts which has the end result of a dismissal.
Sentencing pursuant to the Michigan Controlled Substance Act pursuant to 7411, allows for a first time offender involving “possession” of marijuana, analogues or controlled substances, such as heroin or cocaine, to have the proceedings deferred without entering a judgment of guilt. The probation terms will require that the offender comply with certain conditions including: remaining drug free, attending counseling and random testing. Upon compliance, the court shall discharge the individual and dismiss the proceedings. There may be only one lifetime discharge and dismissal under this section.
A criminal defense attorney can negotiate a 7411 plea at various stages of a criminal case. For misdemeanor drug crimes, 7411 is negotiated at the district court. However, in felony cases involving possession of drugs like cocaine, it is handled at the circuit court.