Analogue drugs are also known as designer drugs and are illegal in Michigan without a valid prescription. According the United States Code (21 USC 802) a controlled substance “analogue” means a substance which is substantially similar to the chemical structure of a schedule 1 or 2 controlled substance and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. Click here for an extensive list of analogue drugs.
Defenses to Drug Crimes: Lack of Possession or Knowledge
The issue of “possession” is often contested by a person charged with a drug crime. A person need not have actual physical possession of a controlled substance to be guilty of possessing it. An experienced drug crime lawyer can advise a person charged with a drug crime as to possible defenses which may include:
- Illegal Search and Seizure
- Mere Presence at a place where drugs are present
- Lack of Knowledge
- Innocent Spouse or Passenger in Vehicle
Possession of Analogues: Possible Dismissal Pursuant to Michigan Law
In Michigan, possession of analogues is a felony which can be punished by up to 2 years in prison and a fine of up to $2,000.00, or both. Our firm represents a fair share of clients who are arrested or searched where the police find analogues, such as Vicodin, in their possession at the time of arrest. Surprising, many of these clients can verify a past medical condition or prior prescription necessitating medication such as pain pills. However, a person may continue to take the medication long after the medical condition is resolved. Unless a current prescription is available, the police will charge the person with illegal possession of analogues. While old medical records and prescriptions are useful in our negotiations, in most cases they will not support an outright dismissal. In addition, it is not a defense to produce a third person’s prescription since you only have the right to possess your own medications!
Fortunately, a person charged with possession of analogues in Macomb County, as well as all Michigan district and circuit courts, may be eligible to have the case resolved pursuant to MCL 333.7411. This provision, also known as 7411, enables a first time drug offender to have an offense deferred and dismissed upon completion of probation. An experienced criminal defense attorney will know how to negotiate a 7411 plea bargain with the prosecutor and assertively advocate for the plea bargain to be accepted by the Court. A person with a prior drug crime or who has used in 7411 is not eligible for this deal.
When someone is charged with an alcohol or drug crime, our firm will try to identify if it is the result of alcoholism, abuse, an underlying substance abuse problem or addiction. Should this be the case, we are prepared to make prudent recommendations such as counseling and AA or NA meetings. These proactive measures will be used by our attorneys to advocate in the Courts on behalf of our clients. The Courts will look favorably upon those who engage the services of a substance abuse counselor before being ordered to do so. In addition, the Court is likely to require random drug and alcohol testing for someone who is in the system for any alcohol or drug crime.
Contact the ABDO LAW FIRM for a free consultation if you are charged with any crime including all drug crimes, possession of analogues or operating a vehicle while intoxicated. You may be eligible for a plea bargain pursuant to 7411 or have possible defenses such as lack of knowledge or possession. We will evaluate your case and discuss all of your options. Call 586-412-5555.