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Delivery, Manufacture, Possession, Use of Drug-Related Crimes Classed as Misdemeanors or Felonies

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Drug-related crimes are classed as misdemeanors or felonies. In the case of a misdemeanor, it is simply defined as a crime which can carry up to one (1) year in prison. On the other hand, a felony is defined as a crime which can carry more than one (1) year - up to life in jail. There are other implications linked to a felony conviction including the permanent loss of rights to possess or own firearms. Drug-related crime sentences change depending upon the classification of the illegal substance involved (Schedule 1-5, heroin, analogues, marijuana) and the conduct by the wrongdoer associated with the substance (use, possession or delivery).

Drug Schedules: Drugs are classed into five (5) schedules according to the Drug Enforcement Agency (DEA). Scheduling of a particular substance, drug or chemical is based upon the drug’s medical use and abuse/dependency potential. Schedule 1 drugs are regarded as the most hazardous since the high potential for abuse and dependency. Marijuana continues to be classed as a Schedule 1 drug.

Delivery or Possession: All drug-related crimes involved in trafficking (delivery), possession with intent to deliver (PWID) or manufacturing are always classed as felonies and invariably more serious than crimes which involve use or possession.

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Contact our Law Firm for all drug crime misdemeanor or felony representation

Drug Crime Sentences

All crimes that involve use of a controlled substance are classed as misdemeanors. Possession of heroin, cocaine, ecstasy and methamphetamine (meth) are classed as felonies (serious crimes). All crimes that involve delivery of any controlled substance, or possession with intent to deliver (PWID), are classified as felonies.

The crime Maintaining a Drug House, pursuant to MCL, makes it an offense to knowingly keep a dwelling, building, vehicle or boat, including other structures, used for selling, possessing or frequented by individuals using controlled substances. This crime is often added with other drug crime indictments.

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Drug Crimes Require Mandatory Driver’s License Sanctions

The court is required to order some sanctions against driver’s license of an individual indicted for drug-related crime as follows:

-First Drug Crime Conviction: License suspended thirty (30) days, followed by a restricted license for 150 days.
-Second Drug Crime Conviction: License suspended thirty (30) days, followed by restricted license for 305 days.

Restrictions are subject to the approval by the court and may be determined at a hearing trial after the minimum period of suspension with no driving has expired. Driver’s license sanctions are not imposed when HYTA status or MCL is granted!

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MCL: No Adjudication of Guilt, Record Sealed, Case Dismissed

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ALL “use” and “possession” drug-related crimes are eligible for disposition pursuant to MCLA. MCL may be used only once in an individual’s lifetime for an eligible drug crime. A drug-related crime solved pursuant to MCL is sealed with no adjudication of guilt. Upon successful completion of probation, the offender is discharged from the court system and the crime is dismissed.

License sanctions DO NOT apply to an individual who was granted MCL status.

Double Sentence for Second Drug Crime

Pursuant to MCL, an individual indicted for a second or subsequent drug-related crime may be behind bars for a term two times the maximum prison term authorized for the underlying crime and fined twice the amount authorized for the underlying crime.

A second of subsequent drug-related crime involving delivery of drugs near of school property is punishable by not less than five (5) years in jail nor more than twice the original drug crime sentence and fined in an amount of three times the amount authorized for the original drug crime committed.

Contact the best drug crime defense attorney

If you are busted for a drug crime, you can expect the law enforcement to seize your property and ask you to provide cooperation by doing undercover drug deals. You may also be threatened with jail time and a felony record. We stand by our clients! Do not expect the law enforcement officers to play fairly if you are dealing with a drug crime. Contact our well-experienced Law Firm.

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Our Law Firm has fought and won 1000’s of drug cases. We have accomplished all of the following for first time offenders and for those with a rap sheet:

-Avoidance of a felony conviction.
-Avoidance of prison.
-Return of seized property.
-No requirement of doing undercover work.
-Dismissals for eligible offenders pursuant to MCL.
-Dismissals for eligible youthful offenders pursuant to HYTA.
-Drug Court sentencing.

Call us right now for a FREE CONSULTATION

Do not hesitate to contact our drug crime defense attorneys for immediate answers to your most pressing questions and a same day appointment or prison visit if necessary. Phone messages after business hours are forwarded to our criminal defense attorneys. Payment plans and all credit cards accepted.