Michigan & Detroit Marijuana Defense Lawyer

If you are charged with possession of Marijuana or Manufacturing and Delivery of Marijuana, the Law Office of James G. Schmier, PLLC will work to provide you the best defense possible against your marijuana charge.

Arrrest and Charges with marijuana possession, call James G. Schmier at 248 705-3742 for Experienced and Aggressive Defence

Possession of Marijuana and Use of Marijuana
In Michigan, possession of marijuana is a misdemeanor punishable by up to a $2,000 fine and a maximum of one year in jail. There is also a separate law for using marijuana, even in the privacy of your own home, that is punishable by up to 90 days in jail and a $100 fine. Judges have wide discretion when it comes to first time offenders charged with possession or use, and may sentence the offender according to MCL 333.7411. What this means is that if you plead guilty, the judge can sentence you to probation. This will be accompanied by drug testing, drug counseling, and community service. After successfully completing probation, the charge against you will be dismissed and will not be reflected on your criminal record. In other words, you can say you have never been convicted of a crime.

Manufacturing and Delivery of Marijuana
Where as the penalties for possession or use of marijuana are relatively lenient, penalties for manufacturing and delivery are much harsher. The severity of the penalty is determined by the amount you possess or the number of plants that you may be cultivating. For instance:

  • If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for up to 15 years or a fine of not more than $10,000,000.00, or both.
  • If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for up to 7 years or a fine of not more than $500,000.00, or both.
  • If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for up to 4 years or a fine of not more than $20,000.00, or both.
What the Prosecution Must Prove
In order to be convicted of delivery of marijuana, the prosecution must prove that either you transferred or attempted to transfer the substance to another person, knowing that it was marijuana . An attempt has two elements. First, the defendant must have intended to deliver the substance to someone else. Second, you must have taken some action toward delivering the substance, but failed to complete the delivery. It is not enough to prove that the defendant made mere preparations for delivering the substance.
In order to be convicted of manufacture of marijuana, the prosecution must prove that, you were not manufacturing the marijuana for your own use. Evidence of supplies used in the sale of marijuana, such as scales or plastic baggies, can be used to prove that you intended to sell the marijuana and not manufacturing it for personal use.

Do You Need a Lawyer?
If you have been arrested for a marijuana crime, it is very important to contact a Michigan Drug Crime Defense Attorney immediately. Because the penalties can range from minor hassles and community service to huge fines and the potential for many years in prison, a good lawyer can make all the difference.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

Call for a No Cost Initial Consultation
The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742