All Michigan drug charges are going to depend on the facts and circumstances under which the drugs are found. If a person is in a motor vehicle, they might, in addition to being charged with possession of the drug, also be charged with operating the motor vehicle under the influence of drugs.
If the individual arrested is believed to be in any way involved in the transport or delivery of the drug, then they may also be charged with an additional crime of possession with intent to deliver. This additional crime of intent to deliver is separate from the underlying crime of possession and therefore double jeopardy does not apply. As such, the penalties for the charge will depend largely on the circumstances of the case, such as the type of drug and the amount possessed. For example, sometimes people found in the possession of drugs are also found in possession of weapons, so they might charge with a weapon’s crime or a gun crime, which can significantly enhance the potential penalties if they are convicted.
Primarily, the prosecuting attorney and, in some cases, the police are responsible for administering the charges assigned to the individual found to have committed a drug crime. If your attorney reviews the Michigan drug charges and believes the prosecutor got it wrong, they can file a motion or legal argument asking the judge to dismiss the entire case or specific charge. For this reason, it is critical to contact a Michigan drug attorney right away who can guide you through the complexities of drug charges and can build a robust defense based on the facts and circumstances of the case.
The definition for drugs is broad and pretty much includes anything that, when taken into the body, can produce a physiological or psychological effect. The drug becomes an illegal drug in so far as the manufacture, possession, use, or sale if it appears on any of the various schedules in Michigan’s Public Health Act.
These schedules are nearly identical to the federal statutes covering illegal drugs. Additionally, as far as the definition is concerned, different drugs are designed, based on the ability of the drug, the usefulness of the drug, and any type of medical procedure or medical use. So, if a drug has a recognized medical use, it will not be considered, for example, a Schedule I drug. Schedule I drugs are only those that have no recognized medical use.
For medical marijuana, a person has to have a medical marijuana license, which can be obtained from the state after obtaining a valid prescription. Once a person has a prescription, then they can go through the process of filing the appropriate application and they will actually get a license or medical marijuana card from the state. This allows a person to use medical marijuana or to be a caregiver, which would allow them to manufacture, meaning to grow the marijuana, and then sell it to a medical marijuana patient.
The law that is involved in drug cases is very complex. When individuals handle the case themselves, they are usually not taken seriously in court. Also, an individual can end up being punished much more severely than they would otherwise because they do not know the law or the types of alternatives that might be available to them.
An individual will not know how to advocate for themselves at sentencing. If they do not know the judge or the law, there is a good chance they will say something that will hurt them when in court. An individual should not proceed with their Michigan drug charge without the assistance of an experienced lawyer.