Possession of Marijuana with Intent to Deliver/Distribute/Manufacture
Criminal Defense for Those in Ann Arbor, Detroit, Grand Rapids, Lansing and Throughout Michigan Charged with Marijuana Possession with Intent to Deliver, Distribute or Manufacture
Even though the use of marijuana for medical purposes was approved by Michigan voters in 2008, its use otherwise is still a crime, and offenders are harshly punished. In Michigan, it is still against the law for those without a medical marijuana card to possess, manufacture, sell, or distribute marijuana. At Grabel & Associates, we vigorously defend individuals arrested for crimes involving illegal drugs or narcotics, including those charged with marijuana possession with intent to deliver, distribute, or manufacture. Our Michigan drug crime defense lawyers are the best in the state, widely known for reaching positive outcomes on behalf of our clients.
You may be charged with marijuana possession with intent to deliver, distribute, or manufacture even if this is not the case. Possessing a substantial amount of marijuana often leads police and prosecutors to believe you had other intentions, because you possessed more than what an individual would normally use for his/her own purposes. Essentially, you could be charged with a crime you are not guilty of. In Michigan, harsh penalties are imposed on those who distribute, deliver, manufacture or "cultivate" marijuana in grow houses. This is why it is imperative that you discuss your case with a capable attorney right away.
Michigan Penalties for Possessing Marijuana with Intent to Distribute, Deliver, or Manufacture
While possession of marijuana on its own is considered a misdemeanor offense in the state of Michigan, marijuana possession with intent to sell, give away, manufacture or otherwise distribute to others is a felony offense. The penalties the individual accused will be subject to vary depending upon the amount of marijuana involved.
According to Michigan Penal Code 333.7401, individuals who are found guilty of delivering, distributing or manufacturing marijuana will be subject to the following punishment:
Less than 20 marijuana plants or 5 kilograms - Jail time of up to 4 years and/or a fine of up to $20,000.
Between 20 and 200 marijuana plants or 5 kilograms and 45 kilograms - Jail time of up to 7 years and/or a fine of up to $500,000.
More than 200 marijuana plants or 45 kilograms - Jail time of up to 15 years and/or a fine of up to $10,000,000
Additionally, if 5 or more pounds of marijuana or more than 100 plants are involved and you are charged with manufacturing, the federal government often takes over. At this point, state charges will be dropped and you will be charged for violating federal drug laws. Mandatory sentences under federal law are typically more severe than those under state law. For example, if you are found guilty of growing 120 marijuana plants, you could face a mandatory minimum prison sentence of 4 years under federal law, whereas you would have likely been subject to a fine and time in county jail under state law.
What the Prosecutor Must Prove
When an individual is charged with marijuana possession with intent to deliver or distribute, that individual is innocent until proven guilty. The prosecutor must convince a jury that, a) the individual knowingly possessed a controlled substance and, b) the individual intended to deliver the substance to someone else and, c) the substance the individual possessed was marijuana, and he/she knew that it was marijuana.
Possible Defenses used by Michigan Marijuana Possession with Intent Attorneys
Just because you have been arrested for marijuana possession with intent to deliver, distribute, or manufacture does not make you guilty. A Michigan drug crime defense lawyer with our firm will work aggressively to keep you out of jail and protect you from harsh penalties. While there are many legal options and defense strategies that may be effective for your particular case, some of the most common defenses include:
- Mere presence. Because you are present when someone else is in possession of marijuana does not make you guilty. If a friend, relative or spouse has marijuana on their person but you have no right to use or control it, you may be innocent.
- No intent to deliver. Even if you possess a large amount of marijuana it does not necessarily mean you intended to deliver, distribute or manufacture the drug. It may be possible to argue that even though you possessed a large amount, it was intended for personal use in the coming months or year.
- Lack of knowledge. There are circumstances in which a substantial amount of marijuana may be present, but the individual accused may not have known it. Suppose you drive a friend's car to pick up some food and are pulled over. The officer raises the trunk and finds marijuana inside, but you were not aware of it. You are not guilty of possessing marijuana.
Contact a Marijuana Defense Attorney in Michigan Today
If you are under investigation or have been arrested for marijuana possession with intent to deliver, distribute, or manufacture, do not speak with police before contacting a skilled Michigan criminal defense attorney. At Grabel & Associates, we take a vigorous approach on behalf of our clients, providing each with the best possible defense strategy for his or her situation. We believe our clients should be informed throughout the process, and will explain all of your legal options. We are recognized as a top drug crimes law firm today largely due to past results.
Contact us for a free consultation with our experienced case analyst now, call us toll free at 1-800-342-7896. We are available to you 24/7. Do not hesitate. We want to protect your freedom, and protect you from harsh penalties.