Marijuana Possession vs. Possession with Intent in Michigan: What’s the Difference? Grand Rapids Criminal Defense Attorney Explains

May 9, 2016

Brian E. Gordon, Criminal Defense

Marijuana possession and possession with intent to sell are both serious offenses in Michigan. However, the penalties vary considerably.

marijuana leaf on white illegal skunk from amsterdam

marijuana leaf on white illegal skunk from amsterdam

 

If there are no aggravating circumstances, a conviction for possessing marijuana in Michigan is a misdemeanor, as Norml.org explains. A conviction can come with up to one year in jail and a maximum fine of $2,000. However, possession with intent is a felony. The fine and jail sentence depend on the amount of marijuana.

If you are facing drug charges in Michigan, contact Gordon & Hess, PLC. Daniel B. Hess Jr. is a Grand Rapids criminal defense attorney who will aggressively represent your interests. Call 616-272-3331 today to schedule a free half-hour consultation.

In the meantime, read on to learn more about charges for marijuana possession and possession with intent to sell:

Definitions of “Possession” and “Possession with Intent”

Possession: If Michigan police catch you with a controlled substance on your body, or in control of a controlled substance, then you may face possession charges. “Control” typically means having access to the substance – for example, it could be in a bag or the trunk of your vehicle. You can face possession charges even if the drug is not on your person.

Possession with Intent: This is shorthand for the charge of possession with intent to distribute or sell. If you had marijuana in your possession and you intended to distribute it, then you may face this charge.

Penalties for Selling Marijuana in Michigan

The consequences of selling marijuana in Michigan depend on the specific facts surrounding the arrest – principally, the amount of marijuana in question. Selling less than 5 kilograms is a felony. A conviction could come with up to four years behind bars and a $20,000 fine.

Selling between 5 kilograms and less than 45 kilograms is also a felony. A conviction could come with up to seven years behind bars and a $500,000 fine. If the amount is more than 45 kilograms, the prison time increases to a maximum of 15 years, and the maximum fine is $10,000,000.

Possessing Marijuana near a Park

Possessing marijuana in Michigan is normally a misdemeanor offense that comes with up to one year incarnation and a maximum fine of $2,000. However, if you possess marijuana within 1,000 feet of a park, the offense may be either a felony or misdemeanor based on the judge’s discretion. The maximum fine is still $2,000, but the maximum incarceration increases to two years.

If you are a facing charges for possessing or selling marijuana in Michigan, your first call should be to a criminal lawyer. There are several defenses that may apply to your case.

A Grand Rapids criminal defense attorney from Gordon & Hess, PLC can investigate your legal options. We can evaluate your arrest, gather evidence and represent your interests. Schedule a free initial consultation today by calling 616-272-3331, and visit USAttorneys.com to learn more about criminal defense strategies.

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