Drug possession charges in Michigan are serious enough to make a mark on your future. You have a right to protect your rights and fight them. This is how you can be charged and the defenses that might make a difference.
Understanding Michigan’s drug possession laws
If you are found in possession of a Schedule I or II controlled substance, you can face felony drug charges. It’s illegal to knowingly or intentionally possess any drugs that fall under those categories. Schedule I and II controlled substances carry a high potential for abuse. Schedule I substances include LSD, heroin, ecstasy and marijuana while Schedule II includes drugs like cocaine, methamphetamine and oxycodone.
Penalties for a drug possession conviction depend on the substance and its amount. At minimum, for less than 50 grams of a Schedule I or II controlled substance, you can face up to 4 years in prison and a fine of up to $25,000. Meanwhile, if the amount is 1,000 grams or more of such a substance, it can result in life in prison and a fine of up to $1 million.
Defenses to drug possession charges
One of the most effective defenses to drug possession charges is to assert that law enforcement officers performed an illegal search and seizure. If you can prove that the officers lacked a warrant and that you didn’t invite them to perform the search, this could be a strong defense.
Entrapment can be used as a defense if a law enforcement officer exerted power over the defendant to possess a Schedule I or II controlled substance. This sometimes happens when officers go undercover and try to snare a potential suspect.
If a lab analysis has determined that the substance was not a drug, it could work in your favor as a defense in your case. For example, if you were arrested on suspicion of possession of cocaine and the substance was actually baby powder, this defense could lead to the charges against you being dropped.