Drug & Gun Offenses

If you have a criminal case involving drugs, this page may also be helpful:
Drug Terms Glossary

Drug crimes and convictions carry a wide variety of sentences based on the type of offense. Sentences range from fines and counseling to life in prison, depending on whether you are facing a felony vs. misdemeanor drug charge. The severity of the crime you are charged with will vary with the circumstances, such as what type of drug was involved, the quantity, whether you have "priors", and whether violence was involved. Even if you were using drugs recreationally, or even if you were holding them for someone else, you can be charged with intent to distribute based on the quantity the police found. Possible charges include trafficking, possession, distribution, transportation, possession for sale, cultivation and manufacturing. Usually the most serious drug offenses involve heroine, cocaine, methamphetamine, ecstasy, LSD and PCP. Nevertheless, crimes involving marijuana and prescription drugs are being prosecuted more aggressively than ever, and can result in stiff sentences.

Drug offenses are made more severe by the presence of guns and violence. Where guns and violence are involved, the police are more likely to suspect a "drug ring" and investigate more aggressively. The prosecution is also likely to charge more aggressively. The gun charges alone could greatly increase the length of your sentence. But if you are involved in a drug and gun offense, you could also be facing charges for trafficking, export and import crimes, money laundering, RICO and conspiracy. Such charges could also change your state drug case into a federal drug case.

Some Examples of Drug Crimes could include:

* Possession of a Controlled Substance
* Unlawful Use of a Controlled Substance
* Unlawful Manufacture of a Controlled Substance
* Distribution of a Controlled Substance to Minors
* Production of Cannabis Plants (Psychoactive Plants)
* Distribution Near School Property
* Possession of Ecstasy (Delivery or Sale)
* Possession of Ecstasy (Date Rape Drug)
* Delivery of Ecstasy
* Delivery of a Controlled Substance
* Dealing Schedule I Controlled Substance – see below
* Dealing Schedule II Controlled Substance – see below
* Dealing Schedule III Controlled Substance –see below
* Delivery of Meth
* Possession of Meth (Methamphetamine - Crystal Meth)
* Manufacture of Meth
* Operation of a Meth Lab
* Illegal Possession of Hallucinogens (Ketamine - Magic Mushrooms)
* Illegal Possession of Stimulants (Methcathinone)
* Illegal Possession of Depressants (GHB)
* Manufacture, Delivery, or Possession with Intent to Deliver or Manufacture Prohibited
* Possession Prohibited
* Possession of Cocaine (Manufacture or Delivery)
* Possession of Illegal Stimulants (Powder cocaine)
* Possession of Crack (Cocaine)
* Sale of Drug Paraphernalia
* Manufacture or Delivery LSD
* Possession of LSD (Lysergic Acid - Hallucinogens)
* Possession of Morphine (Delivery or Sale)
* Possession of Nitrous Oxide (Delivery or Sale)
* Possession of Narcotic Drug
* Possession of Narcotics Analgesics (Delivery or Sale)
* Possession of Anabolic Steroid (Delivery or Sale)
* Possession of Peyote, Barbituric Acid, Amphetamine
* Possession of Pseudoephedrine
* Possession of Methaqualone, Pentazocine, Phencyclidine (PCP)
* Possession of PCP
* Possession of Heroin (Delivery of Sale)
* Possession of Crank (Delivery of Sale)
* Possession of Opium (Delivery or Sale)
* Possession of an Opiate (Delivery or Sale)
* Possession of OxyContin (Delivery or Sale)
* Federal Drug Crimes

The American Medical Association (AMA) and the FDA have determined some allergy and coldmedecines to be unsafe for people who drive. The drugs can not be bought in bulk because state laws have restricted them. If a person is caught with an large amount of any of the following medications, that person can be subject to criminal drug charges. Some of these drugs are: Vicks Nyquil, Benadryl, Pseudoephedrine, Ephedrine, Allerdryl, Contact Severe Cold Formula, Trifed, Phenergan, and Inhalants such as aerosol products and glues that can keep oxygen from getting to the brain.

Consequences for the conviction of Drug Offenses may potentially include:

* Imprisonment
* Probation or parole
* Registration as a narcotics offender
* Drug testing
* Court ordered counseling or rehabilitation
* Loss of driver's license
* Seizure of motor vehicle
* Search and seizure conditions
* Significant fines
* Other

Likelihood of any of the above consequences depends upon the following factors:

* Prior similar convictions
* Any other prior convictions
* Currently on probation or parole
* Attitude of community and court toward this type of crime
* Degree of media attention on case
* Mitigating/aggravating circumstances
* Other

Defenses of Drug Offenses may potentially include:

* Insufficient evidence
* Factual innocence
* Valid prescription
* Illegal search and seizure
* Other

What can you do to improve the outcome of your case?

* Gather documentation of your good character (reference letters, employment history, community service, etc.)
* Exercise your right to remain silent
* Retain qualified counsel as soon as possible
* Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
* DO NOT investigate your own case

What can we do to help?

* Early preparation, including legal research and defense identification
* Early investigation and identification of all facts helpful to your defense
* Interview police to minimize or eliminate the case
* Interview the prosecutor to minimize or eliminate the case
* Interview all witnesses
* Reduce or eliminate bail requirements
* Provide emotional support to loved ones and ensure that they are continually updated as to the state of your case
* In appropriate cases, negotiate jail alternatives
* Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
* Coordinate a private lie detector test
* Develop appropriate motions to dismiss the case
* Develop appropriate motions to suppress evidence

Drug charges can seem minor at first, but can become huge legal problems, especially when mixed with guns. You need experienced and intelligent criminal defense attorneys to fight the drug and gun charges against you.

If you have a drug or gun charge (such as Unlawful Use of Weapons - UUW) in Michigan, contact us at the Johnson Law Group. Let us use our aggressiveness and experience to defend you.

We Fight to Win!

Drug Terms & Glossary

Unlawful Manufacture of a Controlled Substance

M.C.L.A. 333.7401

(1) Except as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form. A practitioner licensed by the administrator under this article shall not dispense, prescribe, or administer a controlled substance for other than legitimate and professionally recognized therapeutic or scientific purposes or outside the scope of practice of the practitioner, licensee, or applicant.

(2) A person who violates this section as to:

(a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) [FN1] and:

(i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.

(ii) Which is in an amount of 450 grams or more, but less than 1, 000 grams, of any mixture containing that substance is guilty of a felony and punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.

(iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

(iv) Which is in an amount less than 50 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.

(b) Either of the following:

(i) A substance described in section 7212(1)(g) [FN2] or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.

(ii) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both.

(c) A substance classified in schedule 4 is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(d) Marihuana or a mixture containing marihuana is guilty of a felony punishable as follows:

(i) If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for not more than 15 years or a fine of not more than $10,000,000.00, or both.

(ii) If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for not more than 7 years or a fine of not more than $500,000.00, or both.

(iii) If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for not more than 4 years or a fine of not more than $20,000.00, or both.

(e) A substance classified in schedule 5 is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(f) A prescription form or a counterfeit prescription form is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $5,000.00, or both.

(3) A term of imprisonment imposed under subsection (2)(a) may be imposed to run consecutively with any term of imprisonment imposed for the commission of another felony.

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Possession of a Controlled Substance

M.C.L.A. 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.

(2) A person who violates this section as to:

(a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv), [FN1] and:

(i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.

(ii) Which is in an amount of 450 grams or more, but less than 1, 000 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.

(iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

(iv) Which is in an amount of 25 grams or more, but less than 50 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

(v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

(b) Either of the following:

(i) A substance described in section 7212(1)(g) [FN2] or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

(ii) A controlled substance classified in schedule 1, 2, 3, or 4, except a controlled substance for which a penalty is prescribed in subdivision (a), (b)(i), (c), or (d), or a controlled substance analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(c) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5 is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

(d) Marihuana is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

(e) A prescription form is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

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Unlawful Use of a Controlled Substance

M.C.L.A. 333.7404

(1) A person shall not use a controlled substance or controlled substance analogue unless the substance 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.

(2) A person who violates this section as to:

(a) A controlled substance classified in schedule 1 or 2 as a narcotic drug or a drug described in section 7212(1)(g) or 7214(a)(iv) or (c)( ii) [FN1] is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

(b) A controlled substance classified in schedule 1, 2, 3, or 4, except a controlled substance for which a penalty is prescribed in subdivision (a), (c), or (d), or a controlled substance analogue, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(c) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both.

(d) Marihuana, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $ 100.00, or both.

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Distribution of a Controlled Substance to Minors

M.C.L.A. 333.7410

(1) Except as otherwise provided in subsections (2) and (3), an individual 18 years of age or over who violates section 7401(2)(a)(iv) [FN1] by delivering or distributing a controlled substance listed in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) [FN2] to an individual under 18 years of age who is at least 3 years the deliverer's or distributor's junior may be punished by the fine authorized by section 7401(2)(a)(iv) or by a term of imprisonment of not less than 1 year nor more than twice that authorized by section 7401(2)(a)(iv), or both. An individual 18 years of age or over who violates section 7401 or 7401b [FN3] by delivering or distributing any other controlled substance listed in schedules 1 to 5 or gamma-butyrolactone to an individual under 18 years of age who is at least 3 years the distributor's junior may be punished by the fine authorized by section 7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not more than twice that authorized by section 7401(2)(b), (c), or (d) or 7401b, or both.

(2) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to another person on or within 1,000 feet of school property or a library shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than 3 times that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv).

(3) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by possessing with intent to deliver to another person on or within 1,000 feet of school property or a library a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than twice that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv).

(4) An individual 18 years of age or over who violates section 7401b or 7403(2)(a)(v), (b), (c), or (d) [FN4] by possessing gamma-butyrolactone or a controlled substance on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401b or 7403(2)(a)(v), (b), (c), or (d).

(5) The court may depart from the minimum term of imprisonment authorized under subsection (2) or (3) if the court finds on the record that there are substantial and compelling reasons to do so.

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Sale of Drug Paraphernalia

M.C.L.A. 333.7453

(1) Subject to subsection (2), a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

(2) Before a person is arrested for a violation of subsection (1), the attorney general or a prosecuting attorney shall notify the person in writing, not less than 2 business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (1).

(3) If a person complies with a notice sent under subsection (2), the compliance is a complete defense for the person against a prosecution under section 7453, [FN1] as long as the compliance continues.

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