Manufacturing, delivering, creating, or possessing a controlled substance with intent to distribute can all be defined as drug trafficking under Michigan law. These offenses are incredibly serious and can result in up to life in prisons and even a fine of up to $1 million depending on the circumstances of the case. The prospects of a lengthy prison sentence and an expensive fine are stressful enough, but unfortunately the crime could still haunt you after you’ve served your sentence.
Often those with a drug trafficking conviction on their record have a difficult time assimilating back into society. They may have issues obtaining employment, steady housing, or applying for federal loans. With so much at stake, it’s highly recommended you seek an experienced criminal defense attorney if you’ve been charged with drug trafficking.
Oakland County Drug Trafficking Attorney | Michigan Drug Defense
You may feel hopeless and frightened after learning the penalties for drug trafficking. Thankfully, you have options. You can choose to hire a seasoned drug trafficking attorney such as J. Dallo of Dallo Law, P.C. to assess your case and determine the best possible defense to reduce or dismiss your charges. Attorney Dallo has been practicing criminal law for years and has extensive experience with drug trafficking and possession cases. His sharpened skills and resources will give him the ability to craft an effective defense in hopes to reduce or dismiss your charges.
Call Oakland County drug offense lawyer J. Dallo of Dallo Law, P.C. today at (248) 283-7000 for your first consultation free. During the consultation, J. Dallo of Dallo Law, P.C. will review your case and outline all your legal options. Dallo Law, P.C. has offices set up in Bloomfield Hills Michigan, but we accept clients throughout the greater Oakland County and Macomb County area including Warren, Sterling Heights, Fraser, Utica, New Baltimore, Roseville, Troy, West Bloomfield Township, Pontiac, Oakland Charter Township, Royal Oak, Birmingham, Auburn Hills, and Novi.
Information Center:
- What is Considered Drug Trafficking in Michigan?
- Penalties for Drug Trafficking in Michigan
- Penalties for Drug Manufacture in Michigan
- Additional Resources
What is Considered Drug Trafficking in Michigan?
In Michigan, drug trafficking encompasses several different actions and you only commit one of them to be charged with drug trafficking. The Michigan Public Health Code Section 333.7401 states you can be charged with a crime if you are suspected of doing any of the following:
- Manufacturing a controlled substance;
- Creating a controlled substance;
- Delivering a controlled substance; or
- Possess with intent to manufacture, create or deliver
The state of Michigan has an additional statute for drug manufacture under section 333.7401c of the Michigan Public Health Code. According to the statute, you are prohibited from:
- Owning, possessing or using a vehicle, building, structure or land that you know is currently being used to manufacture drugs;
- Owning or possessing chemicals or lab equipment that you know is being used to manufacture drugs; or
- Provide chemicals or lab equipment to another person who you know will use those materials to manufacture drugs
The state of Michigan classifies both illegal street drugs and certain legal prescription drugs as controlled substances. A legal prescription drug can be trafficked if unauthorized people are selling, manufacturing, or possessing with intent to deliver the drug for a benefit. Listed below are some common drugs involved in drug trafficking.
- PCP
- Ecstasy
- MDMA
- Cocaine
- Methamphetamines
- Valium
- Xanax
- Heroin
- Oxycodone
- Fentanyl
- Vicodin
- LSD
- Percocet
Penalties for Drug Trafficking in Michigan
In Michigan, a conviction for manufacturing, creating, possessing with intent to deliver, or delivering a controlled substance is automatically a felony. The penalties upon conviction for drug trafficking can range between a couple of years in life to life behind bars. These consequences are determined by the type of drug schedule the controlled substance is classified under as well as the amount you allegedly had trafficked.
Listed below are the statutory penalties for violating the laws in section 333.7401 of the Michigan Public Health Code.
- Trafficking a schedule V drug will result in:
- Up to 2 years in prison; and
- A fine of up to $2,000
- Trafficking a schedule IV drug will result in:
- Up to 4 years in prison; and
- A fine of up to $2,000
- Trafficking a schedule I, II, or III drug other than narcotics, cocaine and marijuana will result in the following:
- Up to 7 years in prison; and
- A fine of up to $10,000
- Trafficking GBL or Gamma-Butyrolactone will result in:
- Up to 7 years in prison; and
- A fine of up to $7,000
- Trafficking ecstasy, MDMA, or methamphetamine will result in:
- Up to 20 years in prison; and
- A fine of up to $25,000
- Trafficking less than 50 grams of a schedule I or II narcotic or cocaine will result in:
- Up to 20 years in prison; and
- A fine of up to $25,000
- Trafficking between 50 to 450 grams of a schedule I or II narcotic or cocaine will result in the following:
- Up to 20 years in prison; and
- A fine of up to $250,000
- Trafficking between 450 to 1,000 grams of a schedule I or II narcotic or cocaine will result in the following:
- Up to 30 years in prison; and
- A fine of up to $500,000
- Trafficking up to 1,000 grams or more of a schedule I or II narcotic or cocaine will result in the following:
- Up to life in prison; and
- A fine of up to $1 million
In addition to the penalties above, the Secretary of State’s Office is required to suspend your license after a drug conviction. A first conviction will result in a license suspension of up to 6 months with a possibility of a restricted license after 30 days. However, if it’s your second or subsequent conviction your license will be suspended for up to one year and you must wait 60 days to obtain a restricted license.
Penalties for Drug Manufacturing in Michigan
You can still be charged with drug manufacturing even if you weren’t directly involved in the process. In Michigan it’s illegal to knowingly permit drug manufacturing on property you own or possesses, or with lab equipment or chemicals you owned, possessed, or provided. This crime is found under Section 333.7401c of the Michigan Public Health Code.
Normally, the penalty for a conviction under Section 333.7401c is up to 10 years in prison with a fine of up to $100,000. However, the penalties can be even harsher under certain circumstances such as:
- Manufacturing Drugs within 500 Feet of a Business, School, Residence or Church – The sentence for this crime includes up to 20 years in prison and a fine of up to $100,000.
- Manufacturing Drugs Involving a Firearm – Having a firearm while you are allegedly drug manufacturing will enhance your penalties. You will instead face up to 25 years in prison and be required to pay a fine of up to $100,000.
- Manufacturing Drugs in the Presence of a Minor – Manufacturing a controlled substance in front of a minor could result in up to 20 years in prison as well as a fine of up to $100,000.
- Manufacturing Drugs Resulting in Hazardous Waste – If the alleged drug manufacturing results in the unlawful treatment, generation, storage of disposal of hazardous waste, the court is likely to increase the penalties. You may instead face up to 20 years in prison and a fine of up to $100,000.
- Manufacturing Methamphetamines – The addictive nature of the drug and growth of methamphetamines in the state of Michigan has caused legislation to tighten up the penalties for methamphetamine manufacturing. Penalty for the crime is up to 20 years in prison as well as a fine of up to $25,000.
Additional Resources
Drug Trafficking Laws in Michigan – Visit the official website for the Michigan Legislature to read up on their Public Health Code pertaining to drug trafficking. Access the code to learn the penalties for drug trafficking, drug distribution of prescriptions, and other relevant information.
Drug Market & Trafficking Analysis in Michigan – Visit the official website for the United States Department of Justice to research into the analysis on drug markets and trafficking areas in the state of Michigan. Read more about the state of Michigan’s anti-drug trafficking efforts, the history of drug trafficking in the area, how the drugs are produced, and more.
Drug Trafficking Lawyer Bloomfield Hills | Drug Sale & Distribution
At Dallo Law, P.C., our legal team offers zealous representation for people charged with drug offenses including extensive drug trafficking schemes. Our managing attorney, J. Dallo, has a strong track record of fighting for people who have their rights threatened because of drug charges. He can examine every aspect of the case, collect imperative evidence, and craft a strong defense that will maximize your chances at receiving reduced or dismissed charges.
You can reach J. Dallo of Dallo Law, P.C. by calling our offices at (248) 283-7000. Dallo Law, P.C. is located in Bloomfield Hills, but we accept clients throughout the nearby communities including Oakland County and Macomb County, Michigan.