Michigan Drug Distribution Lawyer
Charged With Drug Distribution In Michigan?
Charged with drug distribution in Michigan? Your next move is critical. Secure your future with the Law Offices of Ravi R. Gurumurthy, PLC. Our seasoned drug distribution lawyers have the experience and dedication to construct a formidable defense for you. Don’t let this charge derail your life. Contact us now at 231-577-4822 or click here to get started online. We stand ready to fight for your rights.
If you find yourself facing drug distribution charges in Michigan, it’s crucial to understand the law that governs controlled substances in the state and to retain a seasoned criminal defense attorney. The Michigan law specifically addresses drug distribution charges and penalties related to the manufacturing, delivery, and possession of controlled substances.
According to Section 333.7401 of the Michigan Compiled Laws, it is illegal for any individual to create, deliver, manufacture, or possess with the intent to create, deliver, or manufacture a controlled substance, counterfeit prescription form, or prescription form, unless permitted by the relevant regulations and laws. Additionally, licensed practitioners are restricted from prescribing, dispensing, or administering controlled substances for any purposes other than legitimate therapeutic or scientific reasons within the scope of their practice.
Penalties Based On Substance And Quantity
The severity of the penalties varies depending on the type and quantity of the controlled substance involved in the offense. Here’s an overview of the penalties:
Schedule 1 Or 2 Controlled Substances (Narcotic Drugs And Specified Substances)
- 1,000 grams or more: Punishable by life imprisonment or a fine of up to $1,000,000.00, or both.
- 450 grams or more but less than 1,000 grams: Punishable by up to 30 years in prison or a fine of up to $500,000.00, or both.
- 50 grams or more but less than 450 grams: Punishable by up to 20 years in prison or a fine of up to $250,000.00, or both.
- Less than 50 grams: Punishable by up to 20 years in prison or a fine of up to $25,000.00, or both.
Other Controlled Substances (Schedule 1, 2, Or 3, Except Marihuana Or Specified Substances)
Punishable by up to 7 years in prison or a fine of up to $10,000.00, or both.
Schedule 4 Controlled Substances
Punishable by up to 4 years in prison or a fine of up to $2,000.00, or both.
Marihuana And Marihuana Plant
- 45 kilograms or more, or 200 plants or more: Punishable by up to 15 years in prison or a fine of up to $10,000,000.00, or both.
- 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants: Punishable by up to 7 years in prison or a fine of up to $500,000.00, or both.
- Less than 5 kilograms or fewer than 20 plants: Punishable by up to 4 years in prison or a fine of up to $20,000.00, or both.
Schedule 5 Controlled Substances
Punishable by up to 2 years in prison or a fine of up to $2,000.00, or both.
Prescription Form Or Counterfeit Prescription Form
Punishable by up to 7 years in prison or a fine of up to $5,000.00, or both.
In certain cases, if a person is convicted of manufacturing, delivering, or possessing controlled substances, the term of imprisonment for such offenses may run consecutively with any term of imprisonment for other felonies committed.
Discharge From Lifetime Probation
Individuals who were sentenced to lifetime probation for certain offenses before March 1, 2003, and have served 5 or more years of that probationary period may request to be discharged from probation. The court has the discretion to grant such discharge upon recommendation by the probation officer or through a petition filed by the individual.
The law defines “plant” as a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons.
Defenses Against Drug Distribution / Drug Manufacturing Charges In Michigan
When facing drug-related charges under Michigan’s Controlled Substances Statute, there are several potential defenses that a skilled criminal defense lawyer might use to protect your rights and achieve a favorable outcome. Here are some common defenses:
Lack Of Knowledge
If you were unaware that the substance in your possession was a controlled substance or counterfeit prescription form, you may have a defense based on lack of knowledge. Your attorney can argue that you had no intent to commit the alleged offense because you were not aware of the nature of the substance.
Unlawful Search And Seizure
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If the police obtained evidence against you through an illegal search or seizure, your attorney can file a motion to suppress the evidence, which could result in the charges being dismissed or reduced.
If you are accused of possessing a controlled substance without a valid prescription, but you had a legitimate prescription for the substance, you have a defense. Your attorney can present evidence of the valid prescription to challenge the charges.
In some cases, individuals may be mistakenly identified as being involved in drug-related activities. Your attorney can investigate the case thoroughly to identify any inconsistencies or errors in the evidence that might support a mistaken identity defense.
Violation Of Rights During Arrest Or Interrogation
If your rights were violated during the arrest, such as not being read your Miranda rights or being coerced into making self-incriminating statements, those statements may be inadmissible in court.
If law enforcement encouraged or induced you to engage in a drug-related offense that you would not have otherwise engaged in, your attorney can raise an entrapment defense.
Missing Or Mishandled Evidence
Your attorney will examine the chain of custody of the alleged controlled substances or prescription forms to ensure that the evidence was not tampered with or mishandled, which could potentially weaken the prosecution’s case.
Your defense attorney can challenge the prosecution’s evidence and argue that it is insufficient to prove your guilt beyond a reasonable doubt.
Constitutional Or Statutory Violations
Your attorney will thoroughly review the case to determine if there were any constitutional or statutory violations during the investigation or prosecution process, which could lead to dismissal of the charges.
Frequently Asked Questions About Michigan’s Controlled Substances Statute
What Is The Controlled Substances Statute In Michigan, And What Does It Cover?
The Controlled Substances Statute is part of Michigan’s Public Health Code (Act 368 of 1978) and falls under Chapter 333 – Health. It governs the manufacturing, delivering, and possessing of controlled substances, prescription forms, and counterfeit prescription forms. The statute also outlines penalties for violations and specifies different substances and their corresponding punishment levels.
Who Is Prohibited From Manufacturing Or Possessing Controlled Substances In Michigan?
Any individual, except those authorized by the law, is prohibited from manufacturing, creating, delivering, or possessing controlled substances, prescription forms, or counterfeit prescription forms. Licensed practitioners are also restricted from dispensing, prescribing, or administering controlled substances for purposes other than legitimate therapeutic or scientific reasons within their scope of practice.
What Are The Penalties For Possessing A Counterfeit Prescription Form Or A Prescription Form?
Possessing a counterfeit prescription form or a prescription form with intent to manufacture, create, or deliver controlled substances is punishable by up to 7 years in prison or a fine of up to $5,000.00, or both.
Can A Person Convicted Under This Statute Face Consecutive Sentences For Multiple Offenses?
Yes, a person convicted of multiple offenses under this statute may face consecutive sentences, where the term of imprisonment for each offense runs one after the other.
Drug Manufacturing Charge Attorney
If you’re facing drug distribution charges or other charges related to a drug distribution offense in Michigan, time is of the essence. Act immediately to safeguard your future. The Law Offices of Ravi R. Gurumurthy, PLC, are the resource you need. Our dedicated team of drug distribution attorneys and criminal defense lawyers are equipped with the skills to craft a robust defense strategy, aiming to achieve the best possible outcome for your case. Don’t gamble with your freedom or your reputation. Contact a drug distribution attorney today at 231-577-4822 or visit us online to begin your journey towards justice. We’re committed to standing by your side, defending your rights every step of the way throughout your drug distribution case.
To learn more about drug crimes in Michigan, click here.