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Michigan Drug Possession Law

Michigan Drug Possession Defense

What you're facing under MCL 333.7403, how the penalties scale, and the questions your attorney needs to answer, specific to Michigan (MI) law.

Offense Class

Class E Felony (Schedule 1/2 narcotics); Misdemeanor (others)

Maximum Penalty

4 years (Schedule 1/2); 2 years (Schedule 3/4); 1 year (Schedule 5)

Maximum Fine

$25,000

Mandatory Minimum

Michigan imposes a mandatory minimum of None for simple possession for this charge. Charge reductions or alternative sentencing are questions worth raising before the plea is entered.

Penalty Range in Michigan

StatuteMCL 333.7403 — Possession of a Controlled Substance
Minimum Penalty0 years
Maximum Penalty4 years (Schedule 1/2); 2 years (Schedule 3/4); 1 year (Schedule 5)
Maximum Fine$25,000

Charge Enhancements

These factors can elevate the charge or penalty in Michigan:

  • Possession of 25+ grams heroin/cocaine: possession with intent presumed
  • Prior drug conviction: additional sentencing points
  • In drug-free school zone: double penalties

Michigan-Specific Detail

Michigan Sentencing Guidelines apply. First-time offenders may be eligible for Holmes Youthful Trainee Act (HYTA) or 7411 deferral. Drug courts widely available.

Is your Michigan drug case defense on track?

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Michigan defendants.

Important: This page provides legal INFORMATION about Michigan drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.