Possesion and Use of Marijuana

Marijuana is one of the most commonly used illegal substances today, and while marijuana use is legally allowed in some states and cities, it is still a serious crime under Michigan law.

If the police believe you smoked or otherwise used marijuana, you can be charged under MCL 333.7404 (2)(a) with Use of Marihuana, a misdemeanor offense, subject to penalties of up to 90 days in jail and a $1000 fine. Additionally, under MCL 333.7408 a(1), any conviction for any type of marijuana possession case can cause you to lose your license for 6 months.

Another common charge, Possession of Marihuana, is governed by MCL 333.7403 (2)(d) which states that a conviction for possession of marijuana may result in a sentence of up to 1 year in jail and a fine of up to $2,000.00. The police can charge you with drug possession if they find drugs on your body, or places that you normally control or can easily reach, like inside your car, and even inside your home. Determining whether you actually “possessed” anything can be an effective defense, and you will need an experienced attorney to help you win this argument. 

Alternative Sentencing

Delayed Sentence
Under MCL 333.7411, commonly referred to as "7411," a person who has never been convicted of certain controlled substance violations may be eligible for a deferred sentence.  Under 7411, the court, without entering a finding of guilt, may defer your case and place you on probation.  If you successfully fulfill the conditions of your probation, the court will dismiss your case without finding you guilty of a crime, and your case will not be considered a conviction on your criminal record.

Holmes Youthful Trainee Act (HYTA)
The Holmes Youthful Trainee Act, or HYTA, is governed by MCL 762.11, and is another deferral program for people between the ages of 17 and 20 that keeps their criminal record clean. Additionally, it is possible to received HYTA status multiple times, although many judges will not grant it more than once.


Learn more about Michigan Felonies, Felony Court Procedures, Common Misdemeanors and Misdemeanor Court Procedures, or call us today at (248) 733-5530 to schedule an appointment.