Controlled substance charges in Michigan carry serious repercussions no matter the conviction, like losing your reputation or freedom. Attorney Mark Mandell at Fausone Bohn, LLP has successfully defended clients against all types of a controlled substance and drug possession charges for over 25 years. Our controlled substance cases have ranged from major offenses like distribution and trafficking, to minor charges like possession or public consumption.
Classifications of Controlled Substances
In the state of Michigan, criminal charges for possession, manufacturing, distributing, or selling of controlled substances will vary based on drug classification:
- Schedule I:Heroin, Lysergic Acid Diethylamide (LSD), Ecstasy, and Marijuana. (MCL 333.7212)
- Schedule II: Cocaine, Opium, Oxycodone, Fentanyl, Methadone, Morphine, Methamphetamines, and many more.
- Schedule III: Suboxone, Ketamine, Anabolic Steroids, Tylenol with Codeine.
- Schedule IV: Xanax, Klonopin, Ativan, Valium, Halcion, Raxene, Restoril, and Halcion.
- Schedule V: Robitussin, Phenergan with Codeine and Ezogabine.
Controlled Substance Penalties in Michigan
Along with the fines and sentences for a drug crime in Michigan; most importantly, many folks do not know they can risk losing their license. Under Michigan law, your driver’s license will be suspended for a drug conviction, even if you weren’t driving at the time. If no prior convictions, your license will be suspended for 6 months with no option for a restricted license during the first 30 days. If you have more than one drug conviction within 7 years, your license will be suspended for 1 year. Read the chart below to understand the fines and sentences associated with controlled substance charges.
Schedule I or Schedule II
Possession of a Schedule I or Schedule II drug is classified as a Felony in the state of Michigan. Charges for these very serious crimes include:
- Less than 25 grams – Maximum 4 years in prison and/or $25,000 in fines.
- 25-49 grams – 4 years in prison and/or $25,000 in fines.
- 50-449 grams – 20 years in prison and/or $250,000 in fines.
- 450-999 grams – 30 years in prison and/or $500,000 in fines.
- 1,000 grams or more – Life in prison and/or $1,000,000 in fines.
Schedule III, Schedule IV, and Schedule V
Schedule III drugs are classified as Pharmacist-only medications and are substances used for therapeutic purposes. Schedule IV drugs are classified as Prescription-only medication that requires professional medical, dental, or veterinary management and monitoring. Punishments for possession of Schedule III and IV drugs can include:
- Felony conviction
- Up to 2 years in prison
- Fine of up to $2,000
Schedule V drugs are classified as causing only minor adverse effects to human beings in normal use, have low toxicity or concentration, and a low/moderately hazardous. Punishments for possession of Schedule V drugs can include:
- Misdemeanor conviction
- Up to 1 year in prison
- Fine of up to $2,000