Featured Attorney
Michael Komorn

Charged with Driving Under the Influence (DUI)

If you party in Michigan you should know about the laws and penalties for possession of various substances.

Possession of alcohol by minors.

In Michigan, it is illegal for anyone under 21 years of age to possess, purchase or consume alcohol (or attempt to do so).

The penalties for this offense have been reduced since 2018. According to the law, a first violation is a civil infraction punishable by a fine up to $100.

A second violation is a misdemeanor punishable by a fine up to $200 and/or community service. A third or subsequent violation is also a misdemeanor punishable by a fine up to $500 and/or imprisonment for up to 60 days.

Possession of marijuana.

In Michigan, it is legal for adults 21 years and older to possess up to 2.5 ounces of marijuana or up to 10 ounces in their home for personal use.

However, there are still some restrictions and penalties for violating them. According to the law, possessing more than 2.5 ounces up to 5 ounces (first offense) is a civil infraction punishable by a fine up to $500.

According to the

MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2018

(i) Possessing more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.

If you are thinking of selling marijuana to your friend in Michigan, you might want to think twice.

According to Section 5 the Michigan Regulation and Taxation of Marihuana Act (MRTMA), it is illegal to sell or transfer marijuana to anyone without a license from the state. Even if you are not selling it for profit, you could still face criminal charges for gifting more than 2.5 ounces of marijuana to another adult.

The penalties for violating the MRTMA can range from a civil infraction and a fine of up to $100 for possessing more than 2.5 ounces but less than 5 ounces of marijuana, to a felony and imprisonment of up to 15 years for selling more than 45 kilograms of marijuana.

(d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.

The MRTMA also prohibits selling or transferring marijuana in areas frequented by children, such as schools or school buses.

Additionally, you cannot sell or transfer marijuana to anyone under the age of 21, even if they have a medical marijuana card. Doing so could result in a misdemeanor and imprisonment of up to 93 days for the first offense, and a felony and imprisonment of up to two years for subsequent offenses.

The only legal way to obtain marijuana in Michigan is to buy it from a licensed retailer or provisioning center, or to grow it yourself at home.

However, there are also strict rules for growing your own plants. You can only grow up to 12 plants per household, and they must be kept in an enclosed, secure area that is not visible or accessible to the public .

You also need to comply with local ordinances and zoning regulations that may limit or prohibit home cultivation.

As you can see, selling marijuana to your friend in Michigan is not worth the risk. You could end up facing serious legal consequences that could affect your future. The best way to enjoy marijuana in Michigan is to follow the law and respect the rights of others.

So just buy it from the new drug kingpin working both ends of the bridge. It’s cheaper unless you get a zero tolerance DUI where any amount of THC in your blood convicts you. Even from 5 days ago. Better get a lawyer.

Possession of other controlled substances.

In Michigan, it is illegal to possess any Schedule I or II controlled substance without a valid prescription.

These include drugs such as heroin, cocaine, methamphetamine, ecstasy, LSD and others. The penalties for this offense depend on the type and amount of the drug involved.

According to the law, possessing more than 1,000 grams of any Schedule I or II substance is a felony punishable by life in prison and fines up to one million dollars. Possessing between 450-1,000 grams is a felony punishable by up to 30 years in prison and $500,000 in fines. Possessing between 50-450 grams is a felony punishable by up to 20 years in prison and $250,000 in fines. Possessing less than 50 grams is a felony punishable by up to four years in prison and $25,000 in fines.

Possession of a firearm while under the influence of alcohol or drugs.

In Michigan, it is illegal to carry, possess or use a firearm while under the influence of alcohol, a controlled substance or both.

The penalties for this offense depend on whether the firearm was used or discharged and whether anyone was injured or killed as a result. According to the law, possessing or carrying a firearm while under the influence is a misdemeanor punishable by up to 93 days in prison and/or a fine up to $100.

Using or discharging a firearm while under the influence is also a misdemeanor punishable by up to 93 days in prison and/or a fine up to $500.

However, if the firearm was used or discharged and caused serious impairment of a body function of another person, the offense becomes a felony punishable by up to five years in prison and/or a fine between $1,000 and $5,000. If the firearm was used or discharged and caused the death of another person, the offense becomes a felony punishable by up to 15 years in prison and/or a fine between $2,500 and $10,000.

Michigan has various laws and penalties for possession of different substances and firearms. It is important to be aware of these laws and avoid violating them. If you are charged with any of these offenses, you should contact an experienced criminal defense lawyer who can help you protect your rights and defend your case.

Please note that this is not legal advice and you should consult a lawyer if you have any specific questions or concerns.

Constructive possession – That’s not mine

Related Links

Need a Criminal Defense Attorney in Michigan?