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| Marijuana Criminal Offenses in MichiganDespite the recent approval by the Michigan voters of medical marihuana in November 2008, the criminal marihuana laws In Michigan did NOT disappear, and the state continues to aggressively prosecute marijuana crime offenders. Although Michigan, compared to many other states and countries has lower penalties for possession and use of marihuana, it has some of the strictest laws in the country if you are growing/manufacturing or selling/delivering marijuana. Marijuana Defense Attorney Bruce Alan Block has well over fifteen years of experience defending clients against
marijuana criminal charges including: possession, use, manufacture,
cultivation, possession with intent to deliver, etc. Marijuana crimes
usually involve questions related to search and seizure issues: did the
police have the right to enter your house, your car, your garage, your land?
Did they have the right to search your trunk, your barn, your bedroom, or
your pants pockets or purse? If they did not have the right to search,
this defense can be timely raised and the charges against you can be
potentially be completely dismissed. Experience and the ability to spot search and seizure issues are critical and you must hire an attorney who has both of these qualities. Even if your case never goes to trial, our marijuana criminal defense attorney is preparing for that possibility. When you hire him for a defense against marijuana charges, you are hiring an attorney who knows what he is doing and one who will seek practical solutions within your monetary budget. Possession and Use of Marijuana.Possession of ANY amount of weed (i.e., a leaf fragment, miniscule residue, burnt roach, or 1 seed) is sufficient to be arrested and charged with possession of marijuana. Possession of marihuana is a misdemeanor punishable by up to 1 year in jail and a maximum fine of $2,000. The criminal offense of Use of Marijuana (i.e. smoking pot), even if smoked in your own private home or dorm room with the windows closed, is a distinct and separate crime. It carries a penalty of up to 90 days in jail and a $100 fine. This crime can get much more serious if you smoke marijuana in a public place such as a public park. The judge has the discretion to increase the misdemeanor charge to a 2 year felony! Second offenses.If you already have a prior conviction for possession or use of marijuana, a second or subsequent offence can bump a simple possession or use charge to a second offense which can be a 2-year felony. Drug ParaphernaliaWe have not seen anyone charged with possession of drug paraphernalia in a long time. More often than not, a possession charge is sometimes plea-bargained down to drug paraphernalia. Most cities and township have ordinances that make possession of drug paraphernalia a 90 day misdemeanor offense. There is no State criminal offense for possession of drug paraphernalia. Instead, the police usually seize the offending bong or water pipe and scrape the inside to try and collect enough marihuana residue to bring a possession charge. Sale of marijuana paraphernalia is a 90 day misdemeanor with a fine up to $5,000. In order to be charged under this statute, you must first be presented with a "cease and desist order" and refused to obey it. If you did obey the cease and desist order, you can present your compliance as a complete defense to this charge. Growing and Cultivating Marijuana.Growing weed, also called cultivating or manufacture, of any amount of marijuana (0 - 20 plants) is a 4 year felony with a possible $20,000 fine. If you are caught with more than 20 marijuana plants, the criminal penalties increase to 7 years in prison and a fine of up to $500,000. Growing 200 or more marijuana plants bumps the possible prison time to 15 years and you can be fined a whopping $10 million dollars. Oftentimes, the federal government gets involved in cases involving 75 or more marijuana plants and over 5 kilos of pot, and you are charged under federal anti-marijuana laws. Your case goes through the federal criminal court system. Federal laws are much more severe and have mandatory minimum sentences. So for example, suppose you are caught growing 90+ marijuana plants; under state law you would likely end up with a felony and a steep fine, but you would most likely do jail time (assuming no prior record). The minimum under federal law is 4 years in federal prison! Distribution without Payment.Michigan law makes it a crime for you to give marijuana to someone else, even if you are not paid for it. Distributing (giving away marijuana) to someone else without payment is a criminal misdemeanor with up to 1 year in jail and a maximum fine of $1,000. The law does not say how much marihuana you can give away for free. In theory, if you gave someone a kilo of marijuana you would get the same penalty as someone who gave a friend a joint. However, it is unlikely that a prosecutor or judge will believe that you 'gave' a kilo of pot to someone and did not expect something in return... Possession with Intent to Sell or Deliver.Selling or distributing marijuana has the same felony penalties as growing or cultivating (4, 7, and 15 years in prison) and the same fines ($20k, $500k, $10m). However, this charge differs in that you are charged based on the total weight of the marijuana (including any 'fillers'), and not the number of marijuana plants. The crimes are divided by the number of kilos (don't we use the pound measurement in this country?) of total weight. So, 0 - 4 kilos is a 4 year felony; 5 - 45 kilos is a 7 year felony; and 45+ kilos is a 15 year felony (although the feds will probably get involved in the quantity is more than 5 kilos). Since most marijuana sales are under 5 kilos, the typical charge is the 4 year felony and up to a $20k fine. First Offenders, Conditional Discharge, and "Section 7411'Smoking marijuana anywhere (also called use of marijuana) is a misdemeanor with a maximum of 90 days in jail and a $100 fine. However, conditional discharge is available for Use of Marijuana and Possession of Marijuana. For first time marijuana Use or Possession offenders, conditional discharge allows the sentencing judge to place the person on probation for six months to a year, make them test clean for illegal drugs during that time, and require they attend counseling, NA, drug rehab, counseling, and community service. Conditional discharge is usually allowed, at the judge's discretion, when a person pleads guilty and has no prior criminal record. Assuming the person successfully completes the probationary period, he will not have a criminal conviction on his record. Michigan law has a specific law called "Section 7411" that allows for more serious drug charges to be put on a conditional plea status. Much like the conditional discharge just discussed, if the accused pleads guilty and the judge approves the 7411 status, the person is placed on probation for a year or more and has to pay fines, costs, community service, etcetera. At the end of the probation, if all was done as required, the drug charge is dismissed and he will have no criminal record. Section 7411 applies to any illegal drug offense, including cocaine, ecstasy, and other drugs. Marijuana and Federal law.Marijuana in any type or form remains strictly illegal under federal law. Almost 99% of all marijuana crimes are prosecuted by the state. The federal laws have mandatory minimum sentences which are much harsher than state laws. The federal government can step into whatever case it pleases and essentially take over the case. Since state courts do not enforce federal laws, the case progresses through the federal court system.. The typical case the federal government 'takes over' are where the amount of marijuana is larger than normal, where there is a gun involved, or some other type of aggravating circumstance. We have seen the feds take over cases where the number of marijuana plants being grown is over 77, where the amount of marijuana seized is over 1/2 kilo, and where there was a gun involved. Whether the feds take over a marijuana case is always a toss up, but if they take over the case, federal law is much harsher than state law and the accused will often face certain incarceration. Just like state law, the higher the amount, the more likely you will be sent to federal prison. The penalty and charge under federal law depends on the amount.
If you are Charged with a Marijuana Crime; How Your Driver's License is Affected.If you are caught with marijuana you should automatically exercise your constitutional right to REMAIN SILENT during all questioning, and contact a lawyer as soon as possible. A marijuana conviction will automatically suspend your driver's license for six (6) months even though there was no automobile involved. Call Us for Help! At our criminal defense attorney firm, we have defended numerous individuals charged with marijuana crimes and can raise a defense to the marijuana crime charged. Put our experience to work for you. Call us at (616) 458-8585 or contact us. Located on the corner of Cascade Rd. and Kenmoor Ave., just east of Interstate I-96, six miles from the Kent County Courthouse. Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County. We represent students from Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand Rapids Community College, and Michigan State University. |
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Bruce Alan Block, PLC
Attorney and Counselor at
Law Home Page || Law Firm Overview || Medical Marijuana || Indecent Exposure || Drug Offenses || Contact Us The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for personalized advice regarding your individual situation. Copyright © 2010 Bruce Alan Block, PLC. All rights reserved. No claim as to government or other private works. You may reproduce materials at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Requests to reproduce any content should be made in writing to the above. |
