Drug Offenses


A potential drug charge in the State of Michigan, even if it is your first offense, should be taken very seriously. Depending on the type of drug in your possession and the amount determines what type of charge the prosecutor will bring against you. At DeMatteis & Ricciardello, our team is experienced in every drug case and understand the ways in which the prosecution will view your case. Our knowledge provides us the insight on how to prepare your defense strategy and diligently represent you throughout negotiations or at trial.
In the State of Michigan there are numerous drug offenses. The way in which the prosecution will charge your case depends on the type of drug and its drug schedule classification. All of the scheduled drugs carry a potential for jail time, driver’s license sanction, and a drug conviction on your record.

Schedule 1 and 2:

Drugs in the schedule 1 and 2 classification are substances that have no currently accepted medical use in the United State, a lack of accepted safety for use under medical supervision, and a high potential for abuse. The drugs included in these classifications are Heroin, LSD (Acid), Marijuana, peyote, Methamphetamines, Ecstacy, Hydromorphone, Methadone, Meperidine, Oxycontin, Percocet, Fentaynl, Morphine, Opium, Codeine, and etc. Penalties for possession of a schedule 1 or 2 drug are:

Possession of Marijuana:

In Michigan in you are charged with possession of marijuana you will be facing a misdemeanor. The potential penalties include up to 1 year in jail and/or a $2,000 fine. Along with criminal penalties, a possession of marijuana conviction can result in your driver’s license being suspended, being ineligible for student loans, and problems with finding and maintaining employment.

Possession of Less than 25 Grams:

If you are charged with possession of less than 25 grams of a schedule 1 or 2 drug in Michigan, you have been charged with a felony. You need an experienced attorney to protect your rights so that this charge doesn’t remain a felony and appear on your criminal record. The potential penalties include up to 4 years in prison and/or a fine of not more than $25,000. Along with the criminal penalties, your driver’s license could be suspended, could become ineligible for student loans, as well as road blocks to finding and maintaining employment.

Possession of 25-50 Grams:

If you are charged with possession of 25 grams to 50 grams of a schedule 1 or 2 drug in Michigan, you have been charged with a felony. You need an experienced attorney to protect your rights so that this charge doesn’t remain a felony and appear on your criminal record. The potential penalties include up to 4 years in prison and/or a fine of not more than $25,000. Along with the criminal penalties, your driver’s license could be suspended, you could become ineligible for student loans, as well as road blocks to finding and maintaining employment.

Possession of 50-450 Grams:

If you are charged with possession of 50 grams to 450 grams of a schedule 1 or 2 drug in Michigan, you have been charged with a severe felony. You need an experienced team attorneys to protect your rights throughout the criminal justice process. The potential penalties include 20 years in prison and a fine of not more than $250,000. Along with criminal penalties, your life can and will be effected negatively for the rest of your life, if convicted of a charge of this magnitude. An experienced attorney knows what to look for, so a diligent defense of your rights can be furthered, so in the end, you are able to get your life back on track.

Schedule 3 and 4

Substances in the schedule 3 or 4 classification have been accepted for medical use in the United States. Unlike that of the drugs listed above, schedule 3 and 4 drugs have a lower potential for abuse. Examples of schedule 3 & 4 narcotics include: Vicodin, Tylenol w/ Codeine, Suboxone, Ketamine, Anabolic Steroids, Xanax, Klonopin, Ativan, Valium, and etc. Penalties for schedule 3 and 4 drugs include:

Possession of Schedule 3 or 4 Narcotic:
  • A felony conviction
  • Imprisonment for not more than 2 years
  • Drivers License Sanctions
  • A fine of not more than $2,000

If you are charged with possession of a schedule 3 or 4 drug in Michigan, you have been charged with a felony. You need an experienced attorney to protect your rights so that this charge doesn’t remain a felony and appear on your criminal record. The potential penalties include, up to 2 years in prison and/or a fine of not more than $2,000. Along with criminal penalties, your driver’s license could be suspended, you could become ineligible for student loans, as well as road block in finding and maintaining employment.

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