Felony Drug Dealing
Felony Drug Dealing: Manufacturing and delivering narcotics and the associated penalties under Michigan law.
“Drug dealing,” as it is typically called, is the manufacture or delivery of narcotics.
Charges of drug possession, use, manufacturing, and distribution are common in Michigan. Specifically, Michigan’s felony drug dealing laws prohibit manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver controlled substances.
Under Michigan law, the term manufacture means “producing or processing a controlled substance.” Delivery, on the other hand, is defined as a “transfer or attempted transfer of a substance to another person, knowing that it was such a substance, and intending to transfer it to that person.”
“Controlled substances” means any drugs classified under the DEA’s drug Schedules 1 through 5. Schedule 1 and 2 drugs are generally considered the most dangerous and addictive, and include heroin, LSD, cocaine, and meth.
So, for example, if someone were to put together the ingredients to make meth, and then sold the drug, they would be guilty of both manufacturing and delivering a schedule 2 substance.
Felony Drug Dealing Penalties
Maximum penalties for felony drug dealing offenses (for Schedule 1 and 2 drugs) are listed along a graduated penalty scale as follows:
- any amount of narcotics less than 50 grams, of any mixture, is a felony punishable up to 20 years in prison and/or a $25,000.00 fine.
- any amount of narcotics more than 50 grams, of any mixture, but less than 450 grams is a felony punishable up to 20 years in prison and/or a $250,000.00 fine.
- any amount of narcotics more than 450 grams, of any mixture, but less than 1,000 grams is a felony punishable up to 30 years in prison and/or a $500,000.00 fine.
- any amount of narcotics 1,000 grams or more, of any mixture, is a felony punishable up to life imprisonment and/or a $1,000,000.00 fine.
Dealing any other drug classified in schedule 1, 2, or 3, except marijuana, is a felony punishable by up to 7 years in prison and a $10,000.00 fine.
If a person is convicted of dealing any substance classified in Schedule 4, the punishment consists of up to 4 years in prison and a possible $20,000 fine.
Manufacturing or dealing a Schedule 5 drug is a felony punishable by imprisonment for not more than 2 years and/or a $20,000 fine.
It is important to remember that these thresholds are the maximum penalties allowed, and often the punishment assigned is the result of many different factors including the type of drug manufactured or delivered, and whether the person charged has any prior convictions. Nevertheless, most narcotic-related penalties are severe, and any type of drug-dealing charge should be taken seriously.
What about Marijuana?
Drug dealing regulations and felony penalties for marijuana are somewhat different from other felony drug dealing punishments. This is partially due to medical marijuana laws, but also because of recently relaxed political attitudes regarding marijuana sale and use. As a result, penalties for marijuana distribution begin at up to 4-year prison sentences and $20,000 fines for less than 20 plants (5 kilograms), all the way up to 15-year sentences and $10,000,000 fines for 200 plants or more (45 kilograms).
What should I do if I’ve been Charged with Drug Dealing?
It is crucial you have an attorney who knows the law if you are facing drug dealing allegations. There may be defenses to the charges or an opportunity to bargain for a plea deal. If you’ve been charged or believe you are under suspicion for drug dealing, you need experienced and skillful legal representation. Please contact Michigan Justice at (586) 221-4100 to speak with our knowledgeable and dedicated criminal law attorney, Goran Antovski.