At Mas/Stig-Nielsen, we advocate for clients charged with a range of drug crimes, including possession with intent to sell. We thoroughly investigate each case and work to put together the strongest possible defense. If you have been charged with drug trafficking, give us a call to schedule a consultation with a seasoned criminal defense lawyer in Traverse City, Michigan.
Under both Michigan and federal law, if you sell drugs, you could be charged with the crime of drug trafficking. This charge is often based on the amount of illegal drugs in your possession. Drug trafficking is a felony crime in Michigan, and is also illegal under federal law.
Generally, if you have a larger quantity of more hardcore drugs like heroin, then you will be facing a longer sentence. Consequences for drug trafficking can range from 4 years to life in prison, plus fines of tens or hundreds of thousands of dollars. Our Traverse City drug trafficking attorneys can defend you against the charges and work hard to help you get the best possible outcome.
What Is Drug Trafficking?
If you are caught in possession of a controlled substance in Michigan, you could be charged with a drug crime. The specific charge will primarily depend on the quantity of drugs that you had in your possession.
If you had a relatively small amount of an illegal drug – such as a few Xanax bars without a valid prescription – then you will probably be charged with simple possession. However, if you had a larger quantity of a controlled substance – like a hundred Xanax – then you will likely be facing drug trafficking charges. In other words, if you had a quantity that is more in line with personal use, then you probably wouldn’t be charged with drug trafficking.
Michigan’s drug trafficking laws state that a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a controlled substance analog, a prescription form, or a counterfeit prescription form. These criminal offenses are categorized based on (1) the type of drug involved; (2) the quantity of drug involved; and (3) whether any other special factors exist. Specifically, you may face enhanced charges if:
- You possessed drugs around a school or near children;
- The alleged drug trafficking involved minors;
- You were carrying a gun at the time; and
- The alleged trafficking led to serious injury, death, or other crimes.
Michigan classifies drugs by schedules, which are then used in criminal prosecutions. There are five schedules for controlled substances under Michigan law:
- Schedule I: drugs in this category have no accepted medical purpose but an increased potential for abuse. It includes substances such as marijuana, LSA, ecstasy (MDMA), heroin, and mushrooms (note that although marijuana use is legal in Michigan, it is still classified as a controlled substance).
- Schedule II: this category includes drugs that are approved for medical use in the United States, but have a high potential for addiction. This includes drugs such as oxycodone, methadone, cocaine, morphine, hydrocodone, and methamphetamines.
- Schedule III: drugs in this category have a legitimate medical purpose, but still a risk of addiction or misuse. This category includes hydrocodone with acetaminophen or aspirin, anabolic steroids, and lower-potency morphine.
- Schedule IV: in this category are drugs that are widely used and have a lower potential for abuse and addiction. This includes substances like Xanax and Valium.
- Schedule V: this category includes drugs that have a low potential for abuse, many of which are available over the counter. Cough syrups with codeine and cold medicines with ephedrine are included in Schedule V.
Possession of larger quantities of any controlled substance – not just narcotics – could result in criminal charges. Prescription drugs that you do not have a legal prescription for can also lead to state or federal drug charges.
Importantly, the federal government also maintains a schedule of controlled substances – and it is also illegal under federal law to traffic drugs. Depending on the facts of the case, you could be facing state or federal charges for drug trafficking.
If you have been arrested for any drug crime – including drug possession with intent to sell – then you will need a highly skilled Traverse City criminal defense attorney. You may be facing significant consequences, including a lengthy prison sentence. Contact our law offices today to talk to a Michigan drug crimes lawyer.
Penalties for Drug Trafficking in Michigan
In Michigan, drug trafficking is a felony offense. Felonies are more serious than misdemeanor crimes and are punishable by imprisonment of over a year and hefty fines. It may be possible to be sentenced to probation for drug trafficking as part of a plea bargain but is not part of a typical sentence for this crime.
The potential sentence for drug trafficking in Michigan depends on the drug schedule and quantity:
- For schedule 1 or 2 narcotics:
- 1,000 grams or more: life in prison, or a term of years or a fine of not more than $1,000,000, or both;
- 450 grams to 999 grams: up to 30 years in prison and/or a fine of up to $500,000;
- 50 to 449 grams: up to 20 years in prison and/or a fine of up to $250,00;
- Less than 50 grams: up to 20 years in prison and/or a fine of up to $25,000
- Methamphetamine, Ecstasy, and MDMA: up to 20 years in prison and/or a fine of up to $25,000
- Any other controlled substance in schedules 1 – 3, except marijuana or synthetic cannabis: a maximum of 7 years in prison and/or a fine of as much as $10,000.
- Any controlled substance in Schedule 4: up to 4 years in prison and/or a fine of up to $2,000.
- Marijuana or synthetic cannabis:
- 45 kilograms or 200 plants or more: a term of prison of not more than 15 years and/or up to $10,000,000 in fines.
- 5 to 44 kilograms or 20 to 199 plants: up to 7 years in prison and/or a fine of up to $500,000.
- Less than 5 kilograms or fewer than 20 plants: up to 4 years imprisonment and/or a fine of up to $20,000
- A schedule 5 drug: up to 2 years in prison and/or up to $2,000 in fines.
Charges that the federal government brought also carry significant sentences. Federal drug charges may result in decades or even life in prison, plus significant fines.
Felony convictions come with not only significant minimum sentences but a number of collateral consequences as well. This could include the loss of your right to possess firearms, the loss of your job, an inability to travel abroad, and even the loss of your housing. If you have been charged with a felony offense related to drug trafficking, it is vital that you contact a Traverse City criminal defense lawyer as soon as possible.
Defending Against Drug Trafficking Charges
If you are facing state or federal drug charges, you should not give a statement, sign paperwork, or agree to a plea deal until you have had the chance to talk to a drug trafficking attorney. Your lawyer can work with you to put together a solid defense strategy based on both the facts of your case and the law.
One of the most common defenses to any type of drug possession case is that the police violated your constitutional right to be free from warrantless searches and seizures. If law enforcement illegally searched your home, vehicle, or person, then you may be able to challenge the evidence. Your Traverse City drug trafficking attorney will draft a motion to suppress. If the court grants the motion, then any evidence seized against you could be kept out of court – and the charges against you could be reduced or dismissed.
Other potential defenses include arguing that you lacked the intent to distribute or sell any drugs, or that you were entrapped into the crime by a police agent. Depending on the quantity involved, your lawyer could even argue that you only possessed the drugs for personal use – not to traffic them.
Your attorney may also be able to negotiate a favorable plea agreement on your behalf. This may include a deal to plead guilty to a lesser charge or a more favorable sentence, such as probation. The best way to protect yourself – and your future – in this situation is by working with an experienced criminal defense lawyer in Traverse City.
How Our Law Firm Can Help
Drug trafficking is a serious criminal offense that can lead to years, decades, or even life in prison. If you have been charged with possession with intent to deliver, then you cannot afford to not hire a skilled attorney to defend you. Our law offices will fight to protect your interests and your constitutional rights.
Mas/Stig-Nielsen represents people charged with crimes in the greater Traverse City area. We are zealous advocates for our clients, fighting to get them the best possible outcome for their case. To learn more or to schedule a consultation with a Traverse City drug trafficking lawyer, give us a call at 866-686-0934 or fill out our online contact form.
