Michigan Marijuana laws are somewhat unusual in that possession and use are considered two separate offenses. A marijuana charge and subsequent sentence usually depends on the amount of the drug that was in your possession at the time of your arrest. Moreover if the prosecutor determines the intent was to sell or distribute the substance, the charges and penalties can be far more severe than simple possession or use.
If you have been charged with use or possession of Marijuana, we recommend that you retain experienced counsel to aid in the defense of this charge. We know the law and can help you understand your rights and develop defenses to charges levied against you. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Understanding Michigan’s Marijuana Laws:
Marijuana possession laws in Michigan are governed by MCL 333.7043(2)(d) which provides a sentence of up to one year in jail and / or a fine of $2000.00 for each offense. A lesser charge of marijuana use under MCL 333.7404(2)(a) carries a maximum 93 day jail term and/ or $500.00 fine. A conviction in any type of marijuana case will result in a driver’s license suspension of six months. In addition to the state laws, every municipalities has marijuana ordinances which are similar in punishment and fine to the state statues.
Since both possession and use violations are considered misdemeanors, a sentence that includes prison time for a first offense is possible. In many instances our attorneys have negotiated a deal in which the court will impose only a fine while offering restitution and reeducation programs that can ultimately expunge the offense from your criminal record ( 7411) and prevent the mandatory license suspension associated with this charge.
More serious Marijuana crimes include possession with the intent to deliver marijuana. For quantities ranging from 5 kilograms or 20 plants, through 45 kilograms or 200 plants, the penalties can include 4 years in prison and a $20,000 fine, up to 15 years in prison and a $10 million fine.
Remember, judges have a tremendous amount of discretion when imposing your punishment. Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment. For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful. That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair. For more information about use or possession of Marijuana charges, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Michigan has instituted a marijuana use exemption for medicinal purposes. This allows patients with HIV, cancer, AIDS, glaucoma and other specified diseases to use the drug for the relief of pain and suffering associated with their treatment. Keep in mind that Marijuana possession and use is still illegal in the eyes of the federal government, however patients who qualify can register with the state to grow, possess and transport marijuana in limited amounts. The state will issue an ID card that provides protection for the patient in the event of a confrontation with a member of law enforcement. Naturally, the ID card does not allow for operating a vehicle while under the influence of the drug.
Why hire us?
Charges of use or possession of Marijuana are complicated, and it is essential for anyone charged with a crime that falls within this classification to immediately seek out the advice and counsel of a qualified attorney. The outcome of every case will ultimately be determined on its own merits, but obtaining legal representation early in the process will help assure a more favorable outcome. One of the greatest advantages of hiring our firm is the connections we bring to the process. Typically we know the prosecutor and the judge, allowing us to anticipate the judge’s reactions, understand how the prosecutor will want to proceed, and to negotiate the best deal for our clients in efforts of removing as much uncertainty from the process as possible. For this reason, looking for an attorney who practices in the county where you were charged is particularly helpful. That said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.
Need a Michigan Marijuana Use and Possession Criminal Defense Attorney? Let us help you navigate the Court system’s rough waters and keep you out of jail. For more information about use or possession of Marijuana and other criminal Misdemeanors, and/or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.