Michigan Drug Possession Lawyer | Drug Delivery Charges | Marijuana

Dismissal of Felony Marijuana Delivery Charges

Have you been charged with possession of marijuana or any other drugs like cocaine, heroin? Did you know that even just the possession of marijuana is a misdemeanor in the State of Michigan and is punishable by up to 1 year in jail? A second offense for possession of marijuana is a two year felony. That is completely ridiculous. Hopefully there will be a complete change in the marijuana law in Michigan soon. For now, any of these cases should be fought in court.

Simple possession of heroin or cocaine is a four year felony.

Here at The Law Offices of Barton Morris we are here to help our clients defend their drug possession charges. Whether you have been charged with marijuana, cocaine, heroin, or prescription drugs, contact our specialized drug defense attorneys that have the experience necessary and the knowledge to understand what it takes to help fight for your rights.

The best ways to fight these cases is to attack the law enforcement search and seizure. Our lawyers are experts at fourth amendment constitutional law. Mastering these arguments are what make the best drug defense lawyers. There also also great defenses related to constructive possession or mere presence.

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Controlled substance offenses also carry license sanctions, even though the offense may have nothing to do with the person’s driver’s licenses, the state of Michigan penalizes controlled substance offenses with a driver license suspension of 6 months. Our license restoration attorneys understands what it takes to help get your license restored.

A judge does have the right to amendment it after the first 30 days, the judge can change it to a restricted license if there is a hardship demonstrated if it makes it difficult for the offender to get to work or take care of the family or go to school. Don’t take a chance one your own to restore your license. Contact us to help demonstrate your hardships of being without a license.

Possession of a Controlled Substance with the Intent to Deliver

If you are charged with possession of a controlled substance with the intent to deliver, you will be facing a felony charge according to Michigan law.  Drugs are classified as schedule 1 through 5, and depending on the classification and the amount found in your possession, the penalties vary.

Ways to attack these charges include challenging the evidence of intent to deliver. Just because there is a large weight of controlled substances does not automatically mean there is an intent to deliver. Our lawyers are experts at challenging the prosecution’s “experts” who are just cops who always testify on the prosecutions side anyway.

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Possession of a Controlled Substance without a Prescription

Prescription drugs, although considered a controlled substance, are not your typical street drugs.  Even though certain controlled substances are safe and have legal and therapeutic uses, possessing them without a valid prescription can be a felony. If you are in possession of a prescription drug and don’t have a valid prescription in your own name to show a police officer, you may be charged with this crime.

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Possession of Marijuana

If you have been accused of possession of marijuana in Michigan, which can include marijuana extracts such as hash oil, earwax, and edible THC, you will be faced with harsh criminal punishments which can include  jail time and  fines.  Not to mention, if convicted you may be ineligible for student loans and grants, you may be barred from military service, many landlords will not rent to you, your driving privileges will be suspended, and most employers won’t hire you with a drug issue either.

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Delivery of Cocaine or Heroin Under 50 Grams

If you are charged with delivery of a controlled substance, such as cocaine or heroin, you will be facing a felony charge according to Michigan law.  Cocaine is classified as a schedule 2 drug, and the penalties for delivery are severe. Common schedule II drugs are considered to have a high potential for abuse and include such drugs as: opium, cocaine, morphine, OxyContin, Adderall and hydrocodone.

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Possession of Cocaine or Heroin Between 50-450 Grams

According to Michigan law, possession with intent to deliver cocaine in an amount between 50-450 grams is a 20-year felony.  You will need an experienced criminal defense attorney, like Barton Morris, fighting for you. In Michigan, the potential for abuse is a critical factor in determining which schedule a drug is placed in, and Cocaine is one of the most highly abused drugs out there.

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First Drug Offense Diversion Program – 7411

A 7411 deferral allows a person who has no prior drug crimes on their record to plead guilty to a Drug Possession charge, and then have that “guilty” plea and charge dismissed after a certain period of time (called a probation).  Once you satisfactorily complete the probation period your entire case will be dismissed and there will be no public record of it.  The length and term of any probation period are decided by the Judge at your sentencing hearing; and, can range from non-reporting probation to monthly reporting probation with mandatory drug and alcohol testing.

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Medical Marijuana Defenses

The Michigan Medical Marijuana Act (MMMA) was passed in 2008 and it allows for the medical use of marijuana in the state of Michigan. There are two categories of people who are legally permitted to handle medical marijuana under the MMMA.  If you have been charged with a Marijuana related drug crime, you will need an experienced medical marijuana Michigan drug attorney to defend your case, such as Barton Morris and the Cannabis Legal Group.

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Manufacturing of a Controlled Substance

The State or the Federal government often charge a person for playing a part in the cultivation or manufacture of a drug.  The term “manufacture” can include preparing, packaging, repackaging, labeling, relabeling or processing of an imitation controlled substance, either directly or indirectly.  The term “cultivation” can include such things as planting cannabis seeds.  Drugs are classified as schedule 1 through 5, and depending on the classification and the amount you manufactured, the penalties vary.

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Possession and Distribution of Controlled Substance Fentanyl

Fentanyl along with other ‘reconstituted’ prescription Schedule II controlled substances such as Vicodin and Oxycodone, are prosecuted harshly when being bought, sold and distributed illegally in Michigan.  Most prosecutions and convictions are based upon the intent of the seller or user along with the amount that was used. A conviction for possession, use and distribution of illegal narcotics such as fentanyl carry heavy penalties. Prosecutors also charge fentanyl that is mixed with heroin which becomes a forensic science issue.

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Barton Morris is Michigan’s only lawyer that has been certified by the American Chemical Society as a Forensic Lawyer-Scientist. That means he has the training and expertise to effectively handle drug cases in ways other lawyers cannot. He has been voted a Super Lawyer every year since 2014 and is a 2011 graduate of the Trial Lawyer’s College.


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