In most cases, no. Despite this, marijuana usage is very common in our state, and Michigan marijuana defense lawyers routinely field questions from clients on a variety of marijuana-related issues. This is largely because of the confusing patchwork of federal and state laws that deal with the use, possession, and growing of marijuana as well as medical marijuana usage which is legal for some people to use.
As the federal government continues to evolve on the issue, and state laws change to accommodate medical use, and in some cases limited recreational use, you need a Michigan marijuana defense lawyer who understands the many factors that will affect the prosecution of a marijuana crime.
Differences Between Federal and State Federal Marijuana Laws
Marijuana is still universally illegal under federal law, and the punishments for large scale cultivation, possession or trafficking are severe. At the state level, Michigan also has substantial penalties for marijuana and other illicit substances. Our Michigan marijuana defense lawyers can handle both federal and state cases.
Use, possession, sale and cultivation are all illegal to varying degrees depending on the amount involved and the intended purpose for the marijuana. Keep in mind that there is usually an overlap between various drug crimes. For example: use generally implies possession. Both of these are distinct crimes and carry their own punishment. Sale or cultivation can compound the amount of jail time and fines that you face.
- Use of any amount of marijuana for personal use is a misdemeanor that can result in up to 90 days of incarceration and a $100 fine.
- Possession is a misdemeanor with a penalty of up to 1 year incarceration and a $2,000 fine.
- Sale of any amount is a felony and the punishment will depend on the amount in question: under 5kg or 20 plants may result in 4 years incarceration and $20,000 in fines; 5kg – 45 kg or 20-200 plants may result in 7 years incarceration and $500,000 in fines; any amount above 45 kg or 200 plants carries up to 15 years in prison and a $10 million fine.
Call a Michigan Marijuana Defense Lawyer Today!
At Miel & Carr PLC we understand how confusing marijuana laws can be and we stay up to date on new developments in the law. If you are facing criminal charges for using, possessing, growing or trafficking marijuana, we can help. Call one of our skilled Michigan marijuana defense lawyers at (616) 773-2945.