Being caught with drugs can quickly destroy your clean criminal record. Depending on the drug possessed, you could also face extensive time behind bars and heavy fines. Don’t let a simple slip-up impact the rest of your life. Acquiring a trusted Marquette drug possession lawyer could greatly increase your chances of keeping your record clean.
Scheduled Drugs In Michigan Defined
Courts in Marquette are hard on drugs. Prosecutors and police will treat you like a junkie criminal. However, the right Upper Peninsula criminal defense lawyer can examine the law and argue key factors in your drug possession case. These factors include the type of drug possessed, the quantity of drugs possessed, and consider whether this is your first conviction. A seasoned legal professional could potentially get your charges dismissed entirely—even if you were found guilty.
Drugs are ranked by the federal government as Schedule 1-5. Drugs are ranked based on their medicinal value, the potential for abuse, and how addictive they are.
- Schedule 1 drugs are said to have no accepted medical use and are highly addictive. Schedule 1 drugs carry the greatest penalties.
- Examples: Opiates, Heroin, LSD, Psilocybin Mushrooms, DMT, Peyote, MDMA, and Ecstasy.
- Schedule 2 drugs have accepted or restricted medical use but still carry a high risk of abuse.
- Examples: Cocaine, Methamphetamine, Opium, Codeine, Oxycodone, Hydrocodone, Morphine, Adderall, and Ritalin.
- Schedule 3 drugs have less potential for abuse than Schedule 1 or Schedule 2 drugs, are accepted for medical use, and carry a risk for moderate or low physical dependence or a high risk of psychological dependence.
- Examples: Ketamine, low-potency morphine, and aspirin with codeine.
- Schedule 4 drugs have a low potential for abuse, are accepted for medical use, and have a low chance of addiction.
- Examples: Benzodiazepines (Xanax, Ativan, Valium) and Sleeping Pills (Ambien, Tramadol).
- Schedule 5 drugs carry very little potential for abuse.
- Examples: Over-the-counter drugs like cough syrup and cold medicines with ephedrine.
Extreme Consequences For Drug Possession
To be found guilty of drug possession, the prosecution must prove two things:
- You intentionally possessed the drugs.
- You knowingly possessed the drugs.
If the prosecution cannot prove these two elements beyond a reasonable doubt, you are not guilty.
The type and quantity of drug you are caught possessing will vary the charges that may be brought. MCL 333.7403 lays out the penalties depending on what and how much you are accused of possessing. This can make defending drug charges difficult if you are not familiar with the law.
For example, possessing less than 25 grams of any drug that is Schedule 1, Schedule 2, or cocaine, is a felony with a maximum of 4 years in prison, a fine up to $25,000, or both.
Also, Michigan law requires that your driver’s license be suspended for 6 months upon any drug conviction. Even if you weren’t driving at the time of the offense, your driver’s license will be revoked. After 6 months, you must pay $125 to reinstate your license.
As you can see, possessing even the smallest quantity of drugs can upend your entire life.
Why a Drug Possession Lawyer at Berger Law Is Your Best Bet
As may know, Alex Berger, our founding and lead attorney at Berger Law, focuses solely on criminal defense cases. He knows the ins and outs of Michigan Drug charges. This extensive experience can give you the best opportunity at beating the prosecution.
We’ll look into every possible defense against drug possession charges. Our team understands how serious these convictions can be. Our team is available 24/7 to answer every question you may have about your case.
Don’t let a minor drug charge develop into a black mark you carry with you for the rest of your life. The faster you act, the greater the chance this could be cleared up.
Your freedom and future depend on it.