There are two main types of marijuana charges in Michigan; possession and possession with intent to deliver (PWID).
Possession of Marijuana
There is only one charge associated with the simple possession of marijuana. Possession of marijuana is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
Possession With Intent To Deliver
Possession With Intent (PWID) presents a number of different charges, all differing based on the amount of marijuana the prosecutor is alleging a defendant possessed. The greater the amount of marijuana, the greater the potential punishment.
Possession with intent to deliver less than 5 kilograms or 20 plants of marijuana is a felony punishable by 4 years in prison.
Possession with intent to deliver between 5 and 45 kilograms of marijuana is a felony punishable by 7 years in prison.
Possession with intent to deliver more than 45 kilograms of marijuana is a felony punishable by 15 years in prison.
If you are charged with simple possession of marijuana, you may be eliglble for a special kind of probation under Michigan Statute 333.7411 (or 7411, for short). This type of probation is ONLY available to you if you have never been convicted of another drug offense. If you are sentenced under 7411 AND you successfully complete your term of probation, the conviction will be wiped from your record. That means when you are applying for a job, financial aid, school, you can confidently check the box which says you have never been convicted of a crime.
There is nothing automatic about getting 7411 probation. You need an attorney who can convince the prosecutor not to object to the probationary status as well as someone who can convince the judge to sentence you under the statute.
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.
Contact Nessel and Kessel Law today if you or a friend or family member has been charged with a drug offense.