Michigan Drug Law Information

Michigan Drug Crime Attorneys

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To learn about punishments for specific drug crimes, check out our pages for:

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Defending clients from Drug Charges in Detroit, Lansing, Grand Rapids, Ann Arbor, and throughout Michigan.

If you have been charged or arrested for a drug crime in Michigan, you need an aggressive and effective Michigan Drug Attorney. If you need to beat a drug charge you should be assisted by a competent and tough Michigan Drug Attorney. Some involve street drugs or drugs with no medicinal value. Some crimes involve controlled substances which are legal if properly prescribed but may be illegal if improperly obtained, used, or possessed. Michigan drug crimes range from simple misdemeanors, such as possession of Marijuana, to felonies punishable by life in prison, such as delivering over 1,000 grams of Cocaine. The penalties for possession, use, sale, trafficking, and manufacture of various drugs range from a minimal fine or probation to life in prison. A successful drug defense usually starts with an experienced Michigan drug crime attorney. Attorneys who practice in this area need to be skilled at defending your Constitutional rights, and must be very knowledgeable about Michigan and federal drug laws.

In addition to prosecutions for Michigan drug offenses in Michigan courts, many Michigan citizens face prosecutions for federal drug offenses in federal Courts. As harsh as Michigan drug penalties are, the consequences of a federal drug conviction are often significantly worse. In either the state or the federal system, persons arrested for drug charges will benefit from an experienced Michigan drug attorney. You will find just such an attorney at Kronzek & Cronkright, PLLC.

A simple drug possession conviction in Michigan may result in court-ordered drug treatment, county jail time, probation, community service, fines, drivers license sanctions, and court costs. Some police forces seek restitution for their costs related to the arrest and prosecution. Although the severity of the penalties varies with the crime, most drug charges in Michigan have severe consequences of some kind. This is especially true if the charged activity involves firearms in "protected zones" (like schools and parks), minors, or a prior drug conviction. Criminal defendants wanting to avoid jail or prison will need to contact a skilled drug defense attorney early on in their case.

Drug Enforcement Teams

There are a number of multi-jurisdictional drug enforcement teams in Michigan that consist of law enforcement personnel from various police and sheriff departments; the Michigan State Police; and federal law enforcement agencies, such as the FBI, ATF, and the DEA. Examples of these include:

In Michigan, these drug enforcement squads aggressively pursue suspects in drug crime investigations, often enticing and entrapping people into committing crimes for which they will later be prosecuted. The use of "snitches" that "roll over" or "rat out" their friends and family members is the most common method of investigation. Virtually all persons caught with illegal drugs by these drug teams are asked to supply information about drug dealers, and many are asked to conduct dangerous controlled buys of illegal drugs for the police. Victims of drug team enforcement are often subjected to significant violations of their constitutional rights. This includes the right against self-incrimination, the right to counsel, and the right against unreasonable search and seizure. The drug defense attorneys at Kronzek & Cronkright, PLLC can help. Our practice area includes all counties in the Lower Peninsula of Michigan, and we have a history of success as Michigan drug crime defense attorneys.

Drug Scheduling

Drug crimes involve violations of federal and/or state law. Under the federal Controlled Substances Act, controlled substances are classified into five categories (Schedules I to V), based on their abuse and addiction potential (weighed against their medicinal value). The most severe penalties involve drugs listed in Schedule I, with the least severe involving Schedule V. Most states, including Michigan under our Public Health Code of 1978, have drug laws that resemble the Controlled Substances Act.

What is a Schedule 1 Drug?
Schedule I drugs have a high potential for abuse and no accepted medical use. These drugs include heroin, LSD, and several other hallucinogenic substances.

What is a Schedule 2 Drug?
Schedule II drugs have a high potential for abuse and severe dependence, but have a currently accepted (though very limited) medical use, and include PCP, cocaine, methadone, and methamphetamine.

What is a Schedule 3 Drug?
Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency, and an accepted medical use. Typical Schedule III drugs include anabolic steroids and morphine.

What is a Schedule 4 Drug?
Schedule IV drugs have even less potential for abuse and dependency than Schedule III drugs, and are widely accepted in medical treatment. Schedule IV drugs include Xanax, Valium, and other tranquilizers and sedatives.

What is a Schedule 5 Drug?
Schedule V drugs have a low potential for abuse, limited risk for dependency, and widely accepted medical uses. These include drugs like cough medicines with codeine. However, these drugs cannot be legally purchased in bulk.

What kind of drug charges could I be facing?

A defendant may be accused of or face any of the following charges: possession of narcotics, marijuana, cocaine, crack cocaine, meth, THC, ecstasy, or other controlled substances. Drug trafficking (delivery), including possession with intent to deliver, and/or conspiracy to deliver, heroin, powder cocaine, or other drugs, Drug manufacturing, including cultivating or growing marijuana, operating a methamphetamine lab (meth lab), or producing other illegal substances.

Possession of drug paraphernalia or narcotic paraphernalia is usually illegal under local ordinances. Drug or narcotic paraphernalia includes any device used for the manufacture, storage, or use of a controlled substance. This can include pipes and even cigarette rolling papers.

Prescription Fraud, such as the forging or altering of prescription pads to obtain the drugs, is illegal in Michigan. So is the possession of Analogue Drugs, which are substances that give the user the same side-effects of a particular drug but that are usually not regulated as controlled substances.

What is a Drug Forfeiture?

It is also possible for the police and the prosecutor to file a separate forfeiture action. This is not a part of your criminal charges. Instead, it is a civil action in which the government is attempting to keep property or money they have taken from you. In some instances, a forfeiture action is actually used to gain title to your real estate. The basis of the civil action is their belief that your property (home, car, guns, electronics, cash, etc.) was purchased with drug proceeds or has been used in some way to advance the drug trade. When the police seize your property, they are required to serve a forfeiture notice. Our attorneys often object to the forfeitures but doing so requires very prompt action and the posting of a forfeiture bond. Typically, your failure to quickly and properly challenge a forfeiture waives your right to object. If that occurs, your property is considered to be forfeited to the government. Our forfeiture defense lawyers can assist you with a civil forfeiture action separately from any criminal representation.

If You Have Been Charged with a Drug Crime

Drug charges have severe consequences, including significant fines, forfeiture of property, and incarceration. As with many other serious crimes, if you are under investigation or arrest on a Michigan or federal drug charge, do NOT volunteer any information to the police other than your identifying information (name, address, and phone number). Tell the police you wish to remain silent. Tell the police that do not want to talk to them without first consulting your attorney. Don’t give permission to search.

Even if you are stopped in your car, and police officers find drugs or other drug paraphernalia in the vehicle, do not say anything about their findings. Never voluntarily consent to the cops searching you, your car, or your home. Remain polite, but insist on speaking to your attorney immediately. And, of course, never, ever resist arrest, obstruct a police officer or run from the police. Doing so can add additional charges and make your situation even more difficult.

Our Approach to Drug Charges 

Defense to a drug charge frequently centers on whether or not law enforcement officials properly gathered the evidence they plan to use in prosecuting the case against you. Evidence obtained by law enforcement in violation of your constitutional rights, no matter how persuasive, is usually not admissible in court. If such evidence is found to be inadmissible, often your case will be dismissed or will result in a very favorable plea bargain.

Most challenges to the admissibility of criminal evidence are based on the Fourth Amendment, which protects citizens from unreasonable searches and seizures. For example, sometimes search warrants are not properly obtained (or perhaps not obtained at all), or sometimes probable cause does not exist to support a search. In addition, Michigan law enforcement agencies often recruit a confidential informant (CI) to make a "controlled buy" of drugs from a suspect. State regulations require that the police follow a specific protocol for such controlled buys or stings. If such a protocol is not followed, your case might be too weak to prosecute successfully. There might also be the possibility of an entrapment defense if it can be shown that the police (or their agents) enticed you into committing an act that you would not otherwise have engaged in.

The bottom line is that the Michigan drug attorneys at Kronzek & Cronkright thoroughly pursue all avenues of defense. We are an experienced and aggressive team of drug crime defense attorneys. In fact, the drug attorneys at Kronzek & Cronkright were listed as referral attorneys by NORML, an organization that works toward reform of marijuana laws. We will fight vigorously and persistently to protect your rights and reputation. We have handled hundreds of drug cases successfully throughout the state of Michigan. Our case results have been published in Michigan and nationally. We fight to win.

Does it matter what city I was arrested in?
Yes! Being arrested on a Grand Rapids Marijuana Drug Charge is much different than being arrested for an Ann Arbor Marijuana drug charge or a Detroit drug charge. For example, Ann Arbor as a city has passed legislation that limits the fine amount for a third marijuana drug arrest, while Grand Rapids and Detroit have not passed similar laws. The city you were arrested in matters a lot. You need an aggressive attorney who knows how each city imposes fines and penalties for violating their laws.

Contact us about your legal matter today! Call us at 1-866-766-5245.

The law firm of Kronzek & Cronkright practices criminal defense throughout the Lower Peninsula of Michigan. We will represent clients from all over the state including Lansing, East Lansing, Grand Rapids, Holland, Muskegon, Kalamazoo, Mount Pleasant, Bay City, Saginaw, Ludington, Allegan, Hillsdale, Lapeer, Port Huron, Ann Arbor, Detroit, Farmington Hills, Flint, Livonia, Warren, Bay City, and Dearborn. If you are in need of a criminal defense attorney, call us today at 1-866-7NoJail, or e-mail us!