Michigan Analogue Drug Laws

Analogue (or ‘analog’) drugs are substances with chemical structures similar to illegal drugs.

Analogue Drugs are also called Designer Drugs. Designer Drugs were originally created in response to state and federal drug laws that, in the past, only regulated the usual illicit drugs, such as Cocaine, Heroin, and Marijuana. At that time, Analogue Drug users wanted the sensation of a drug high without the threat of being charged with a drug crime. However, both the federal government and the Michigan government now heavily regulate Designer Drugs. If you have been charged with a crime involving an Analogue Drug, your penalties can be just as severe as if you had been caught with an actual common drug. Because of this, you need a skilled Michigan drug crime lawyer to represent your legal rights in court.

Each Analogue Drug mimics the chemical makeup of a certain illicit drug. For example, alpha-Methylfentanyl, or China White, is a popular Designer Drug for Heroin. The high from using China White is the same as or stronger than the high that occurs from using Heroin. There are many health concerns that accompany the use of Analogue Drugs. These include easily overdosing, stopping breathing, and death.

Because drug screenings usually only test for the more common drugs, Analogue Drugs are often not detected in drug tests. This creates problems for drug treatment centers and probation and parole workers. Drug test manufacturers are working to create drug tests that will identify Designer Drugs in a user’s system.

We aggressively defend our clients against Designer/Analogue drug charges in Detroit, Lansing, Grand Rapids, Ann Arbor, Traverse City, and throughout Michigan, call us today!

As Designer Drugs gain popularity, the government has taken notice. An Analogue Drug is defined as a chemical that is "substantially similar" to an illegal Schedule I or Schedule 2 drug. The government treats the Analogue Drug like it is also in Schedule I or Schedule 2 if the Analogue Drug is intended for human consumption. The Federal government’s Drug Enforcement Agency (DEA) has emergency scheduling power, meaning the DEA can issue a ruling that a certain Designer Drug immediately becomes an illegal controlled substance. Once this occurs, state governments usually follow suit and pass a law making that Analogue Drug illegal in their state. The Michigan Legislature recently passed a law making synthetic Marijuana and other Analogue Drugs illegal Schedule I controlled substances. Some Designer Drugs are created specifically to replace a similar compound that has recently been banned by the federal or state government.

Michigan lawmakers have enacted multiple laws that deal with Analogue Drugs:

Analogue Drug use is a misdemeanor in Michigan. If you are convicted of this crime, you could go to jail for up to one year, pay a fine of up to $1,000, or both.

Possession of an Analogue Drug is a felony in Michigan. If found guilty of this crime, you could go to prison for up to two years, pay a fine of up to $2,000, or both.

Creation of an Analogue Drug, manufacture of an Analogue Drug, delivery of an Analogue Drug, and possession of an Analogue Drug with the intent to deliver the Analogue Drug are all felony drug crimes in Michigan. If convicted of any of these crimes, you could go to prison for up to 15 years, pay a fine of up to $250,000, or both.

As with any other drug crime, your sentence could be more severe if you delivered Analogue Drugs to a minor or within a certain distance of a school, house, business, park, or church. Also, your sentence will likely be more severe if this is not your first drug conviction. A conviction for a Designer Drug crime will result in your driver’s license being suspended and payment of fines to the State of Michigan.

Michigan police, prosecutors, and judges take Analogue Drug crimes very seriously, and you should too. You may think that law enforcement will overlook your Analogue Drug crime because it was not a drug crime involving one of the more common drugs. This is clearly not the case. If you have been charged with a Designer Drug crime, you should immediately contact us for a free initial consultation. You need an aggressive attorney who will protect your constitutional rights and help you stay out of jail or prison. At Kronzek & Cronkright, PLLC, we have experience with drug cases all over Michigan and can guide you through your case to get the best possible result. Call us day or night at 866-766-5245 and speak with a skilled Michigan drug lawyer today.

Contact a Michigan Drug Attorney today! Call us at 1-866-7NOJAIL (1-866-766-5245) or e-mail us!