Drug Charges in Michigan: Every Search Can Be Challenged.
From simple possession to federal trafficking, drug charges can follow you for life. We start by attacking the search and seizure that produced the evidence, because without admissible evidence, the prosecution has no case.
Michigan Drug Charges: What You’re Actually Facing
Michigan drug laws operate under a tiered system where the type of substance and the alleged conduct determine the severity. Schedule 1 substances (heroin, methamphetamine, fentanyl) carry the harshest penalties; marijuana violations carry the lightest. The difference between possession and delivery can mean the difference between a misdemeanor and a 20-year felony, and those lines are often blurrier than prosecutors admit.
The most powerful tool in drug defense is the Fourth Amendment. If law enforcement violated your constitutional rights during a stop, search, or seizure, the evidence they found may be suppressed entirely. Without that evidence, the case often cannot proceed.
Charges We Defend
- Possession (any schedule)
- Possession with intent to deliver
- Delivery / distribution
- Manufacturing / cultivation
- Drug trafficking (state + federal)
- Drug conspiracy charges
- Prescription fraud
What’s at Stake
- Up to life in prison for delivery/manufacture of 1,000+ grams of narcotics
- Asset forfeiture and property seizure
- Permanent felony record
- Barriers to employment and professional licensing
- Immigration consequences for non-citizens
- Probation conditions including testing and treatment
Michigan Penalty Tiers
- Marijuana possession (personal use, 21+): Legal up to 2.5 oz; civil infraction above limits
- Possession, narcotics/cocaine under 25g: Up to 4 years, felony (MCL 333.7403)
- Possession, Schedule 5 substance: Up to 1 year, misdemeanor
- Delivery / PWID, narcotics under 50g: Up to 20 years, felony (MCL 333.7401)
- Delivery/manufacture, 1,000+ grams: Up to life imprisonment
Our Drug Crime Defense Strategies
Fourth Amendment Attack
We scrutinize every police report, body camera, and warrant application. Unlawful stops, pretextual searches, and warrant defects can suppress the core evidence in any drug case.
Lab and Chain of Custody
Drug identification must be confirmed by certified lab analysis. We demand full documentation and challenge improper handling, contamination, or identification errors.
Constructive Possession
Proximity to drugs does not equal possession. When drugs are found in a shared space, car, or residence, we challenge whether our client actually exercised control or even knew they were there.
Entrapment and Informants
Undercover operations and paid informants raise entrapment defenses and credibility issues. We investigate informant agreements and discover what inducements the government offered.
Drug Crime Defense Questions Answered
Can drug charges be dismissed if the search was illegal?
Yes. Under the Fourth Amendment exclusionary rule, evidence obtained through an unlawful search or seizure cannot be used against you at trial. If the drugs are the only evidence, suppression of that evidence typically results in dismissal. Search and seizure challenges are the single most effective tool in drug defense and the first thing we examine in every case.
What is the difference between possession and possession with intent?
Prosecutors charge possession with intent to deliver (PWID) when they believe the quantity, packaging, or accompanying items (scales, baggies, large amounts of cash) indicate distribution rather than personal use. PWID carries much harsher penalties than simple possession. We challenge intent evidence vigorously, arguing the evidence is consistent with personal use and the prosecution cannot prove intent beyond a reasonable doubt.
Does Michigan have drug court or diversion programs?
Yes. Michigan has drug treatment courts in most jurisdictions, and MCL 333.7411 allows a court to defer sentencing for first-offense possession charges. Upon successful completion of probation, the charge is dismissed and does not appear on the public record. Eligibility depends on the charge, the substance, and your prior record. We evaluate diversion options alongside trial options for every client.
Can a federal drug conviction be expunged?
No. Federal convictions are not eligible for expungement under Michigan's Clean Slate Act. Federal courts have no general expungement statute. This makes avoiding a federal conviction, through dismissal, acquittal, or a favorable plea to a lesser state charge, the only path to keeping a drug-related offense off your permanent record if you are facing federal prosecution.
Speak With an Ann Arbor Defense Lawyer
A confidential conversation early on preserves every available option. Do not speak to investigators without counsel.