Michigan Heroin Possession: We Can Help?
In the state of Michigan, the possession of any controlled substance or illegal prescription drug is a felony offense. Pursuant to Michigan Public Health Code section 333.7403(1), “A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.”
Our firm’s approach to Michigan Heroin Possession Cases:
As Michigan Heroin Possession Attorneys our firm is focused on helping our clients take advantage of all resources available to him or her during all phases of the legal process. Our desire is not just to see a great result in the case, but to help provide the client with guidance and care that is forward facing. We want to see our clients get the help they need to conquer the drug addiction so that when our work is concluded, they might return to living a healthy, clean, productive life, and re-enter normal society.
What are Controlled Substances:
Controlled substances are classified into five specific “schedules.” Substances are classified into schedules based on their likelihood of causing dependency when abused and whether they have a currently accepted medical use. In the current scheduling system, heroin is classified as a Schedule 1 drug. Drugs classified under Schedule 1 are considered highly addictive and have no accepted medical use. All possession, manufacture, or distribution of heroin is deemed illegal. Examples of other substances classified under Schedule 1 include LSD, GHB, and Ecstasy.
Penalties for the illegal possession of a controlled substance, such as heroin, vary according to a number of factors including what schedule the drug is classified under and the amount possessed at the time of the arrest. Under Michigan Public Health Code section 333.7403(2)(a), the penalties are as follows:
- Amounts of 1,000 grams or more incurs a fine of up to $1,000,000, up to life in prison, or both.
- Amounts of 450 grams or more but less than 1,000 grams incurs a fine of up to $500,000, up to 30 years in prison, or both.
- Amounts of 50 grams or more but less than 450 grams incurs a fine of up to $250,000, up to 20 years in prison, or both.
- Amounts of 25 grams or more but less than 50 grams incurs of a fine of $25,000, up to 4 years in prison, or both.
- Amounts less than 25 grams prison incurs a fine of $25,000, up to 4 years in prison, or both.
These penalties may be enhanced depending on factors such as the location of the offense committed and prior drug convictions. Michigan law requires enhanced penalties if you were in possession of a controlled substance in close proximity of a school, park, or library. Michigan law also requires enhanced penalties if you are a habitual or repeat offender.
Additionally, being in possession of a controlled substance such as heroin often results in driver’s license suspension. Driver’s licenses can be suspended for drug convictions. Even if you were not driving at the time the offense was committed. If there are one or more prior drug convictions within the last seven years, your driver’s license may be suspended for one year. If there are no prior drug convictions, your driver’s license may be suspended for six months.
The consequences of being in possession of a controlled substance can be severe and have lasting repercussions. If you have been accused or charged with possession of a controlled substance such as heroin, call us at (248) 398-7100 for a free consultation or contact us with a private message.