Michigan Marijuana Criminal Offenses

Despite the recent approval by 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 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 for growing, manufacturing, selling, or distributing marijuana.

Michigan Marijuana Lawyer and Defense Attorney Bruce Alan Block has over eighteen years of experience defending clients against marijuana 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 the trunk of your car, your barn, your bedroom, or your pants pocket or purse?  If they did not have the right to search, this defense can be timely raised, the evidence suppressed, and the charges against you dismissed.

Experience and the ability to spot search and seizure issues are critical, and you would do wise to hire a lawyer who possesses both of these qualities. Even if your case never goes to trial, our marijuana defense lawyer is preparing for that possibility. When you hire our Michigan marijuana lawyer to defend you against a marijuana charges, you are hiring an attorney who is experienced and will seek practical solutions.

Possession and Use of Marijuana.

Possession of ANY amount of weed, such as a leaf fragment, miniscule residue, a burnt roach, or a single marijuana 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 Offense Drug Charges.

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 drug offense which is a 2-year felony.

Drug Paraphernalia

We 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.

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 charge you with possession of marijuana or use of marijuana.

Sale of marijuana paraphernalia is a 90 day misdemeanor and a fine of up to $5,000. In order to be charged, you must first be presented with a "cease and desist order" and refuse to obey it. If you obeyed the cease and desist order, you can present your compliance as a complete defense.

Growing and Manufacturing Marijuana.

Growing pot or 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. You are charged in federal court under federal drug laws, and 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 70+ marijuana plants. Under state law you could be convicted of a felony, be given a $2,000 fine, and face up to a year in the county jail (assuming of course you have no prior record). In contrast, the minimum sentence for the same offense under federal law is 4 years in prison plus a hefty fine!

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 or giving away marijuana to someone 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 very unlikely that you could convince a judge or a jury that you 'gave' a kilo of pot to someone and did not expect something in return...

Possession of Marijuana with Intent to Deliver.

Selling or distributing marijuana has the same felony penalties as growing or manufacturing: 4, 7, and 15 years in prison and fines of $20k, $500k, and $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 (and I thought we used the lb weight system in this country). 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 often get involved if the quantity is more than 5 kilos, especially if there is a gun or weapon involved or the pot is transported across state lines.

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, also called "first offender status" is available for Use of Marijuana and Possession of Marijuana.

For first time Marijuana Use or Possession of Marijuana offenders, conditional discharge allows the sentencing judge to place the person on probation for six months to 1 year, make them test clean for illegal drugs during that time, and require that they attend counseling, NA, drug rehab, and complete 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 conviction on his record, and their driver's license is NOT suspended.

Michigan law has a specific law called "Section 7411" that allows for more serious drug charges (felony possession) 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, you are 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 you will have no criminal record. Section 7411 applies to any illegal drug offense, including cocaine, ecstasy, and other drugs. However, 7411 is generally not available for drug charges involving delivery or intent to deliver.

Marijuana and Federal Law.

Marijuana in any 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. The federal government can step in and take control over whatever case it pleases. Since state courts do not enforce federal laws, the case progresses through the federal court system.

The typical case the federal government 'takes over' is where the amount of marijuana is large for where you live, where there is a gun involved, the pot was transported from one state to another, where there is evidence of drug trafficking, or some other type of aggravating circumstance. We have seen the feds take over cases where the number of marijuana plants seized was 77 and where the amount of marijuana seized was just over 1/2 kilo. Whether the feds take over a marijuana or drug case is always a toss up, but if they do, federal laws are much harsher and the accused will usually face federal prison time.

Just like state law, the higher the amount, the stiffer the penalties:

• 1000+ kilos of a mixture that has a 'detectable amount' of marihuana or 1000+ plants, and you face a minimum prison sentence of 10 years and a maximum of life, without parole.

• 100+ kilos of a mixture containing a 'detectable amount' of marijuana or 100+ plants equals a minimum prison sentence of 5 years up to 40 years, without parole.

• 50 kilos or less of a mixture with a 'detectable amount' of marijuana or 50 plants or 10 kilos of hashish or one kilo of hashish oil, gives a sentence of 0-5 years and a fine not to exceed $250,000.

• There is a misdemeanor offense for those caught with very small amounts of marijuana.

Boats, Lakes, and Indian Casino Lands.

Most large lakes and waterways are under the authority of the coast guard and the federal government, as are tribal Indian lands. If caught on Lake Michigan or at an Indian casino, you can expect to be federally arrested and prosecuted. A word to the wise, those with state-issued medical marijuana cards should not take any marijuana onto boats on large lakes or onto Indian lands or casinos. Remember the federal government is not obligated to recognize state medical marijuana laws (although the feds have recently relaxed their strict prohibition for patients who have medical marijuana ID cards and amounts possessed are within the Medical Marijuana Act limits).

If you are Convicted of a Marijuana Crime, Your Driver's License Will be Suspended.

 Any marijuana or drug conviction (except for first offenders and 7411 status cases) will automatically suspend your automobile driver's license for six (6) months, even though there may not have been an automobile involved.

Michigan Marijuana Crimes at a Glance

Marijuana Use or Possession - Criminal Penalties

If you are Caught. 

If you are caught with marijuana you should exercise your Constitutional right to REMAIN SILENT during all questioning, and politely but firmly tell the police that you will NOT answer any questions without a lawyer present. Then, contact a lawyer as soon as possible.

At our Michigan Marijuana Lawyer Criminal Defense firm, we have years or experience with marijuana cases, and have defended numerous individuals charged with minor to serious marijuana crimes. We are experienced in search and seizure cases and can raise proper defenses at the appropriate times to all marijuana crimes. Put our talent and experience to work for you. Call us at (616) 458-8585

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.

Bruce Alan Block, PLC

Attorney and Counselor at Law
4251 Cascade Road SE, Grand Rapids, MI 49546
Phone: (616) 458-8585
Fax: (616) 454-0849
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