Marijuana Crimes

Although the state still has a drug paraphernalia crime, it was typically used to stop stores from selling marijuana pipes, in the days prior to medical marihuana. Sometimes, a possession charge is sometimes plea-bargained down to possession of drug paraphernalia. Many cities and township have local 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.

If you already have a prior conviction for any drug charge, a second or subsequent offense will take a simple possession marijuana misdemeanor charge and make it a 2-year drug felony. This "Drug Supplemental" doubles the minimum and maximum sentences. Possession with Intent to Deliver, a 4 year felony becomes an 8 year felony if you have a prior Use of marijuana or possession of marijuana conviction or any prior drug conviction.

Michigan has a special law for first time drug offenders. It is referred to as Section "7411." This law allows drug charges that do not involve delivery or sale to be put on a conditional plea of deferred sentence status. There is no trial. The accused must have no prior drug convictions, and must plead guilty. If the judge approves the 7411 status, they are placed on probation. During this time, they must pay fines, costs, report to probation, complete community service, and are treated as anyone else on probation. At the end of the probation term, if all was done as required the case is closed and there is no public conviction. Section 7411 applies to any illegal drug offense, including cocaine, ecstasy, and heroin, however, 7411 is not available for drug charges that involved delivery or possession with intent to deliver or sell to someone else.

Marijuana in any form is strictly illegal under federal law. Almost 99% of all marijuana crimes are prosecuted by the states. Federal laws have mandatory minimum sentences, which are harsh. The federal government can take control of any case it chooses. Since state courts do not enforce federal laws, the case progresses through the federal court system.

The typical case the federal government takes are those where there is a large amount of drugs or marijuana plants. The feds also get involved in cases where there is a gun involved, the pot was transported over state lines, interstate drug trafficking, or where there is aggravating circumstances. We have seen the feds take cases involving as little as 77 plants and 1/2 kilo of marijuana. Whether the feds take over a marijuana drug case is a toss up.

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 = a minimum 10 year prison sentence up to life without parole.
• 100+ kilos of a mixture containing a 'detectable amount' of marijuana or 100+ plants = a minimum 5-year prison sentence 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 = 0-5 years and a fine up to $250,000.
• There is a misdemeanor offense for those caught with very small amounts of marijuana.

Most large lakes and waterways are under the authority of the Coast Guard and the federal government, as are tribal Indian lands. If you busted in a boat on Lake Michigan or at an Indian casino, you may be arrested and prosecuted by the federal government. Those with state-issued medical marijuana cards should remember that the federal government does not recognize state medical marijuana laws (although the feds have slightly relaxed their strict prohibition for patients who have state medical marijuana ID cards and small amounts possessed according to state laws).

Any marijuana or drug conviction automatically suspends your Michigan's driver's license for six (6) months - even though there was no automobile involved. The only way to avoid a suspension and not have a conviction on your driving record for the rest of your life is if you qualify and are placed on Section 7411 first offender status. We are experienced. Let our Michigan criminal defense lawyer help you avoid a criminal conviction and loss of your driver's license.