Michigan Drug Possession Lawyer
Drug Possession Attorney
Facing a drug possession charge in Michigan? Don’t confront this daunting legal battle alone. At the Law Offices of Ravi R. Gurumurthy, PLC, we’re here to help, offering skilled defense and compassionate advice. Our experience in drug possession cases equips us to aggressively advocate for your rights. Make the crucial decision now to protect your future. Contact us at 231-577-4822 or visit our website for your free initial consultation. Your next step matters—choose a seasoned criminal defense attorney who fights tirelessly for you.
In Michigan, there are strict laws regulating the possession of controlled substances, controlled substance analogues, and prescription forms. If you or someone you know is facing charges related to drug possession, it’s crucial to understand the key points of the statute to better navigate the legal process.
Section 7403: Possession Of Controlled Substances
Under Section 7403 of the Public Health Code, it is unlawful to knowingly or intentionally possess a controlled substance, controlled substance analogue, or prescription form unless obtained through a valid prescription or authorized by the law.
Penalties For Violation
The penalties for possession depend on the type and quantity of the controlled substance involved:
Schedule 1 Or 2 Narcotic Drugs
Possession of 1,000 grams or more can result in life imprisonment or a fine of up to $1,000,000. Smaller amounts can lead to imprisonment for varying terms, with the maximum being 4 years for quantities less than 25 grams.
Other Controlled Substances
Possession of certain substances classified in schedule 1, 2, 3, or 4 can lead to imprisonment for up to 2 years or a fine of up to $2,000.
Misdemeanor Offenses
Possession of certain substances listed in schedule 5, marijuana, or certain prescription forms can result in imprisonment for up to 1 year or a fine of up to $2,000.
Exceptions To Violation
The statute provides exceptions for individuals seeking medical assistance for themselves or others during a drug overdose or medical emergency. If the evidence of possession is obtained while seeking medical help, individuals may not be charged with a violation.
Notification Of Parents Or Guardians
Health facilities or agencies are required to notify the parent, guardian, or custodian of a minor under 18 if they seek emergency medical treatment due to a drug overdose. However, this notification does not apply to non-emergency situations without the minor’s consent.
Limitations Of Exemption
While seeking medical assistance offers protection against charges related to possession, it does not shield individuals from investigation, arrest, or prosecution for other criminal offenses.
Discharge From Probation
Under certain circumstances, individuals serving lifetime probation sentences may be eligible for discharge from probation after completing five or more years of the probationary period.
Defining Drug Overdose
The statute defines “drug overdose” as a condition resulting from the consumption of a controlled substance, controlled substance analogue, or a combination thereof, leading to severe physical illness, decreased consciousness, respiratory depression, coma, mania, or death.
Seeking Medical Assistance
To qualify for the exemption, individuals must promptly report a drug overdose or medical emergency to law enforcement, the 9-1-1 system, a poison control center, or a medical provider.
Defenses
There are several possible defenses that individuals facing charges under Michigan’s controlled substance possession laws may explore. It’s important to remember that the effectiveness of these defenses will depend on the specific details and evidence in each case. It is crucial to consult with a criminal defense lawyer to determine the most appropriate defense strategy. Some possible defenses include:
Valid Prescription Defense
If the accused can prove that they possessed the controlled substance under a valid prescription from a licensed medical practitioner, it could serve as a strong defense to a drug possession offense charge.
Lack Of Knowledge Or Intent
If the defendant can demonstrate that they were unaware of the presence of the controlled substance or that they did not intend to possess it, it may be a valid defense.
Unlawful Search And Seizure
If the controlled substance was obtained as a result of an unlawful search and seizure by law enforcement, the evidence may be deemed inadmissible, leading to a possible dismissal of the case.
Medical Assistance Defense
If the accused sought medical assistance for themselves or someone else during a drug overdose or medical emergency, they may be exempt from prosecution under certain circumstances.
Mistaken Identity
If the prosecution fails to prove beyond a reasonable doubt that the accused was the person in possession of the controlled substance, a mistaken identity defense may be applicable.
Violation Of Miranda Rights
If law enforcement failed to read the defendant their Miranda rights during the arrest or interrogation, any statements made during that time may be inadmissible in court. This can make it difficult for the prosecutor to prove you are guilty of a drug possession crime.
Chain Of Custody Issues
The defense may challenge the accuracy and reliability of the evidence by raising questions about the proper handling and preservation of the controlled substance in question.
Illegal Stop Or Arrest
If the police stopped or arrested the defendant without reasonable suspicion or probable cause, any evidence obtained after the illegal stop or arrest may be suppressed.
Involuntary Possession
The defense may argue that the defendant was forced or coerced into possessing the controlled substance against their will.
Crime Lab Analysis Challenge
The defense may challenge the results of the crime lab analysis, questioning the accuracy or validity of the testing methods used.
Defective Search Warrant
If law enforcement obtained a search warrant with errors or omissions that influenced the search, the defense may challenge the validity of the warrant.
Lack Of Sufficient Evidence
If the prosecution is unable to offer sufficient evidence to prove all of the offense elements beyond a reasonable doubt, then the defense may ask for an acquittal or dismissal.
FAQ
What Does Michigan Law State About Drug Possession?
Michigan law prohibits the knowing or intentional possession of controlled substances, analogues, or prescription forms without a valid prescription or other authorization.
What Are The Penalties For Drug Possession In Michigan?
Penalties vary based on the drug and its quantity, ranging from a misdemeanor to a felony, and can include imprisonment and fines.
Are There Exceptions To Michigan’s Drug Possession Laws?
Yes, individuals seeking medical assistance due to a drug overdose are exempt from these laws if the drug quantity was for personal use only.
Can Medical Emergencies Lead To Prosecution For Drug Possession?
Seeking medical assistance during a drug-related emergency won’t violate the possession law, but it doesn’t exempt individuals from other potential charges.
Can Parents Be Notified If A Minor Seeks Treatment For A Drug Overdose?
Health facilities are required to develop a notification process for parents or guardians of minors under 18 who seek emergency medical treatment for drug-related issues.
Drug Possession Lawyer
If you or a loved one has been hit with drug possession charges in Michigan, it’s critical not to face this challenge alone. Navigating the complex legal system can be overwhelming, but help is available. Contact the Law Offices of Ravi R. Gurumurthy, PLC today. With years of experience defending cases like yours, our dedicated team of criminal defense attorneys will aggressively advocate for your rights and strive to ensure you receive a fair trial in your drug possession case. Don’t let the power of the system intimidate you. We understand the stress and fear you may be experiencing, and we are committed to providing personalized, compassionate, and effective legal representation. Connect with us at 231-577-4822 or visit us online. Your initial consultation is free, and we’re ready to stand with you through this trying time. Remember, the actions you take now can significantly impact your future. Don’t leave your fate to chance – choose the drug possession lawyers at the Law Offices of Ravi R. Gurumurthy, PLC.
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