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What constitutes a drug charge in Michigan?

marijuana in a small jar on a writer's desk

A drug charge in Michigan can mean different things. It can be related to possession or use or sale. The different charges that you might face for the crime committed are dependent on whether you are guilty of merely using the drugs or possessing drugs for sale.

There are two kinds of drug charges in the general category: the felony drug charges and the misdemeanor drug charges. The difference between a misdemeanor drug charge and a felony drug charge is drastic.

Misdemeanor Drug Charges

Misdemeanor drug charges in Michigan have a straight penalty. It has a maximum jail term of one year or less. The fines are also less than a thousand dollars. 

Update: After serving the sentence and the passage of time, the new Clean Slate law in Michigan now allows you to apply to the court for expungement of your misdemeanor drug case, specifically the marijuana-related offenses. If you have any questions about this or you want to obtain our services for this purpose, you may simply send us an email or call us.

Felony Drug Charges

Felony drug charges are tougher and more complex than misdemeanor charges in Michigan. The penalties are stiff and the prison time varies depending on the circumstances that relate to the felony charge.

There are different classes of felony drug charges in Michigan. While the general application of a felony drug charge is punished by a period of up to 5 years, the commission of a crime while on drugs is another circumstance that would add to the penalty. 

First, let us look at the different classes of felony charges. They are the following, to wit:

  • Class A Felony: A Class A Felony carries a penalty of up to life in prison. This would include charges for First-degree murder, Criminal sexual conduct, first-degree Armed robbery.
  • Class B Felony: Class B Felony carries a penalty of up to 20 years in prison. Charges include: Second-degree child abuse, Production of child pornography
  • Class C Felony: Class C Felony carries a penalty of up to 15 years in prison. Charges include Manslaughter and Robbery.
  • Class D Felony: A Class D Felony carries with it a penalty of up to 10 years in prison. Charges include larceny over $20,000, embezzlement, and human trafficking.
  • Class E Felony: A Class E Felony carries imprisonment of up to 5 years in prison. Charges include carrying a concealed weapon (CCW), home invasion, and first-degree retail fraud.
  • Class F Felony: A Class F Felony carries a penalty of up to 4 years in prison. Charges include possession of fewer than 5 kilograms of marijuana and an unauthorized loan and credit application.
  • Class G Felony: A Class G Felony carries with it a penalty of up to 2 years in prison. Charges include resisting and obstructing a police officer and domestic assault.
  • Class H Felony: The last of the classes of felonies, the Class H felony carries with it jail time or probation. Charges include stolen state identification to commit a felony, and false representation to obtain personal information.
marijuana in a small jar on a writer's desk

What are the drug laws in Michigan?

Under MCL 333.7403, drugs in Michigan are classified into five categories. 

Schedule I

The Schedule I drugs include marijuana, LSD, MDMA, and Heroin. These substances have a high potential for abuse and are not accepted for any medical use. When you are caught in the possession or use of these drugs you may be facing a felony charge. In which case contact your lawyer immediately to help you protect your rights properly.

Schedule II

The Schedule II drugs include cocaine, opium, morphine, oxycodone, and meth. These substances have a high potential for abuse but have medicinal uses in the medical community. As long as you can prove that your use of the substances are for medicinal uses and comes with a specific treatment coming from a doctor you should be able to dodge a felony charge for possession or use of these drugs. However, you need to make sure that you follow the right protocols in protecting your rights and the first step that you should do here is to contact your lawyer at the first instance of getting arrested or even invited to the police station.

Schedule III

Schedule III drugs include low-grade morphine, anabolic steroids, ketamine, and codeine mixtures. Schedule III drugs have less of a potential for abuse but abuse can lead to physical or psychological dependence.

Schedule IV

Schedule IV drugs are Ambien, valium, Xanax, Rohypnol, Zolpidem, Soma, Darvon, etc. These drugs have less of a potential for abuse, are regularly accepted in the medical community, but may lead to abuse or dependence.

Schedule V

Schedule V drugs include cough syrup, Lomotil, Motofen, Lyrica, etc. Schedule V drugs are limited quantities of narcotics that have the potential for abuse.

The drugs classified from Schedules III to V are also drugs that are very controlled in the market and have the potential for abuse. If you are caught in possession of them for being questioned about your possession or use of all these drugs the best thing that you can do to protect your rights is to contact your lawyer and have them deal with the police or to any person who is trying to inquire about your use of these drugs.

In another article, we will discuss your rights related to a drug arrest. There is more to this series, read more on our website.

Let Haque Legal Help You With Your Drug Charge

Now that you know some facts about the drug law in Michigan, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs. 

Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

Let us help you out

If you get arrested for possession or intent to distribute or use prohibited drugs, call our attorneys immediately.

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