Drug Defense Attorney

Schedule 2 Narcotics

Schedule 2 narcotics are drugs that have a very high potential for abuse, though  currently have accepted medical uses in treatment in the United States, or are currently accepted in medical use with severe restrictions, and abuse of the substance may lead to severe psychic or physical dependence.  There are over 30 different substances that are classified as Schedule 2 narcotics.  As with Schedule 1, many of the Schedule 2 narcotics are complex chemical compounds.  The more commonly known Schedule 2 narcotics include: cocaine, morphine, opium, oxycodone, hydrocodone, methadone, fentanyl, methamphetamines and PCP.

As with any narcotic, there are two basic different types of charges a person may face:  possession and possession with intent to deliver/manufacture.  As the names imply, the crucial element between the two is the defendant’s intent while he/she possesses the narcotics. 

Possession

  • Possession of 1,000 grams or more of any mixture containing certain Schedule 2 substances is a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.
  • Possession of 450 grams or more, but less than 1,000 grams, of any mixture containing certain Schedule 2 substances is a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.
  • Possession of 50 grams or more, but less than 450 grams, of any mixture containing certain Schedule 2 substances is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.
  • Possession of 25 grams or more, but less than 50 grams of any mixture containing certain Schedule 2 substances is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

Possession With Intent to Deliver/Manufacture

  • Delivering or Manufacturing 1,000 grams or more of any mixture containing certain Schedule 2 substances is a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.
  • Delivering or Manufacturing 450 grams or more, but less than 1,000 grams, of any mixture containing certain Schedule 2 substances is a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.
  • Delivering or Manufacturing 50 grams or more, but less than 450 grams, of any mixture containing certain Schedule 2 substances is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

The Nessel and Kessel Approach

Drug cases tend to be the most complicated cases because of all the different issues that may come up.  That means you need a marijuana defense attorney who knows the law and how to use it to your advantage.  When a client retains Nessel and Kessel Law we immediately begin to develop a comprehensive strategy for success.  Sometimes success means convincing the prosecutor to dismiss the charges completely, or have them greatly reduced.  Other times it means a motion to suppress evidence to have the case dismissed by a judge, or fully preparing for trial and securing a not guilty verdict.

There are almost always 4th Amendment issues when dealing with narcotics charges because the arrest usually stems from a stop on the street or while driving, from the execution of a search warrant, or because of the use of a confidential informent to secure information used to perform a stop or obtain a warrant.  Many times your case will hinge on whether or not your 4th Amendment rights have been violated.

Narcotics charges also hinge heavily on police officer testimony.  Generally there will be multiple officers who take part in a “raid.”  At Nessel and Kessel Law, we have the necessary skill and experience to cross examine these officers and find the holes and cracks in their story, thereby allowing us to expose the lies and fabrications in their story.  At Nessel and Kessel Law, not only do we know the law and how to use it to your advantage, but we know how to expose witnesses who are being less than honest.

Regardless of the issue, if you’ve been charged with a drug offense in the State of Michigan, you need a top drug defense attorney.  Contact Nessel and Kessel Law today if you or a friend or family member has been charged with a drug offense.