Michigan Drug Crime Attorney
Lansing Criminal Drug Offense Attorney
In our American system of criminal justice, you are presumed innocent of all crimes until proven guilty beyond a reasonable doubt by a prosecuting official. If you or your loved one is accused or charged with a criminal offense, do NOT, under any circumstances, talk to the police. Reveal only your name, date of birth, address, and telephone number to the police, and do NOT consent to a police search of your body, home, telephone, computer, or vehicle without a search warrant. If you are facing questioning from a police officer or prosecuting official, contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580, and let Eric J. Sheppard fight for your rights.
If you or your loved one is accused or charged with a criminal drug offense, then you need to contact Lansing criminal drug offense attorney Eric J. Sheppard. Lansing criminal defense attorney Eric J. Sheppard is aggressive and experienced in fighting all felony and misdemeanor drug cases.
Drug cases can carry extremely severe penalties, depending upon the drug at issue in the case and the amount of drugs possessed/delivered/manufactured in the case. These severe penalties can include jail and prison time.
You could also face forfeiture of your real and personal property, including your home(s), car(s), and money.
If you are convicted of a drug crime, you may also face driver’s license sanctions as part of your sentence.
If you have children, you may face action from Child Protective Services for allegations and/or convictions of drug crimes.
If you rent or lease an apartment or other property, you may face eviction as a result of drug activity.
Therefore, it is important that you retain an attorney that understands the full consequences of your charges and that fights to win your case. You need a competent criminal defense attorney that understands the law in order to protect your rights and protect your freedom.
Michigan drug crimes can significantly range in punishment: anywhere from life in prison for major offenses to fines, costs, and probation for less serious offenses. The following presents information about drug crimes and some of the potential repercussions of obtaining a drug conviction in the State of Michigan:
SCHEDULES OF CONTROLLED SUBSTANCES
Under the Michigan Public Health Code, drug substances, or controlled substances, are placed into categories called “schedules.” The schedules are based upon the potential for abuse of the controlled substance, the accepted medical use in treatment in the United States of the controlled substance, and the degree to which the controlled substance will lead to severe psychic or physical dependence.
Schedule 1 controlled substances, MCL 333.7211 and MCL 333.7212, are considered highly abusive, with high levels of dependency, and no accepted medical treatment usage in the United States.
Schedule 2 controlled substances, MCL 333.7213 and MCL 333.7214, are also considered highly abusive with high levels of dependency, with some accepted medical treatment usage in the United States.
Some common examples of Schedule 1 and Schedule 2 controlled substances: heroin, ecstasy, cocaine, methamphetamines, LSD, marijuana, and methadone
Schedule 3 controlled substances, MCL 333.7215 and MCL 333.7216, have less potential for abuse and dependency and have greater acceptable medical treatment usages. Examples of schedule 3 controlled substances include morphine and anabolic steroids.
Schedule 4 controlled substances, MCL 333.7217 and MCL 333.7218, have low potential for abuse and dependency and have acceptable medical treatment usages. Examples of schedule 4 controlled substances include valium and xanax.
Schedule 5 controlled substances, MCL 333.7219 and MCL 333.7220, have the lowest potential for abuse and dependency and have widely acceptable medical treatment usages. An example of a schedule 5 controlled substance is a cough medication with codeine.
IDENTIFICATION AND ELEMENTS OF COMMON DRUG CRIMES
Unlawful manufacture of a controlled substance:
- defendant manufactured a controlled substance - manufacturing means producing or possessing a controlled substance
- substance manufactured was in fact a controlled substance ___________
- defendant must know he/she was manufacturing ___________
- defendant was not legally authorized to manufacture this controlled substance
- defendant was not preparing/compounding this controlled substance for his/her own use [CJI2d 12.1]
NOTE: specific acts of manufacturing include, but are not limited to, extraction from a natural substance, chemical synthesis, packaging a controlled substance, or labeling a container
Unlawful delivery of a controlled substance:
- defendant delivered a controlled substance
- substance delivered was in fact a controlled substance ____________
- defendant must know he/she was delivering _____________
- substance was in a mixture that weighed ___________
- defendant was not legally authorized to deliver this controlled substance [CJI2d 12.2]
NOTE: "delivery" means the defendant transferred or attempted to transfer the controlled substance to another person with knowledge that the controlled substance was a controlled substance and with the intention of transferring the controlled substance to that other person
NOTE: MCL 333.7105(1) defines "delivery" as the actual, constructive, or attempted transfer from 1 person to another of a controlled substance, whether or not there is an agency relationship
Unlawful possession of a controlled substance:
- defendant possessed a controlled substance
- substance possessed was in fact a controlled substance ___________
- defendant must know he/she was possessing _____________
- substance was in a mixture that weighed _______________
- defendant was not legally authorized to possess this controlled substance [CJI2d 12.5]
PUNISHMENTS FOR COMMON DRUG CRIMES
Delivery/Manufacture of Marijuana – MCL 333.7401(2)(d)
§ 45 or more kilograms of marijuana, or 200 or more marijuana plants: punishable by imprisonment for up to 15 years and/or a fine of $10,000,000.00
§ 5 kilograms to 44 kilograms of marijuana, or 20 to 199 marijuana plants: punishable by imprisonment for up to 7 years and/or a fine of $500,000.00
§ Less than 5 kilograms of marijuana, or less than 20 marijuana plants: punishable by imprisonment for up to 4 years and/or a fine of $20,000.00
Note: “plant” means a marijuana plant that has produced cotyledons or a cutting of a marijuana plant that has produced cotyledons
Possession of Marijuana – MCL 333.7403(2)(d)
- Punishable by imprisonment for not more than 1 year and/or a fine of not more than $2,000.00
- Punishable by imprisonment for not more than 90 days and/or a fine of not more than $100.00
NOTE: the possible penalties could be increased if you have prior drug convictions and/or prior criminal convictions, including misdemeanors and felonies
NOTE: an individual charged with a State law drug crime could have the possible penalties increased for possession/delivery/manufacture: (1) involving a minor, (2) within proximity to a school, (3) within proximity to a house, business, church, park, or school
Possession of Controlled Substance (Schedule 1, 2) – MCL 333.7403(2)(a)
- 1,000 grams or more of any mixture containing that substance: punishable by imprisonment for life or any term of years and/or a fine of not more than $1,000,000.00
- 450 grams or more, but less than 1,000 grams of any mixture containing that substance: punishable by imprisonment for not more than 30 years and/or a fine of not more than $500,000.00
- 50 grams or more, but less than 450 grams of any mixture containing that substance: punishable by imprisonment for not more than 20 years and/or a fine of not more than $250,000.00
- 25 grams or more, but less than 50 grams of any mixture containing that substance: punishable by imprisonment for not more than 4 years and/or a fine of not more than $25,000.00
- 1,000 grams or more of any mixture containing that substance: punishable by imprisonment for life or any term of years and/or a fine of not more than $1,000,000.00
- 450 grams or more, but less than 1,000 grams of any mixture containing that substance: punishable by imprisonment for not more than 30 years and/or a fine of not more than $500,000.00
- 50 grams or more, but less than 450 grams of any mixture containing that substance: punishable by imprisonment for not more than 20 years and/or a fine of not more than $250,000.00
- Less than 50 grams of any mixture containing that substance: punishable by imprisonment for not more than 20 years and/or a fine of not more than $25,000.00
NOTE: the possible penalties could be increased if you have prior drug convictions and/or prior criminal convictions, including misdemeanors and felonies
NOTE: an individual charged with a State law drug crime could have the possible penalties increased for possession/delivery/manufacture: (1) involving a minor, (2) within proximity to a school, (3) within proximity to a house, business, church, park, or school
Use of a controlled substance (Schedule 1, 2, 3, 4) – MCL 333.7404(2)(a); MCL 333.7404(2)(b)
- Punishable by imprisonment for not more than 1 year and/or a fine of not more than $2,000.00/$1,000.00 (depending upon substance involved)
- Punishable by imprisonment for not more than 6 months and/or a fine of not more than $500.00
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
ericsheppard16@gmail.com
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
2109 Hamilton Road, Suite 206
Okemos MI 48864
ericsheppard16@gmail.com
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321