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Criminal Penalties for Heroin Possession in Michigan

Heroin use has skyrocketed over the past decade all across the country, including Michigan. Macomb, Oakland, and Wayne counties have been hit particularly hard by this epidemic. This drug affects all people of different economic statuses and race. As a result of its addictive tendencies and the dangerous risks of an overdose, law enforcement has been cracking down hard on individuals suspected of heroin possession or sale. It is highly advised that individuals who struggle with an addiction to heroin get the help they need before it is too late, otherwise they are putting themselves at serious risk of heavy fines and jail time.

Hiring an attorney that understands addicts is imperative to your defense. Not only do you want an attorney who knows that law, but you want an attorney who can help someone who is battling addiction. I have personal experiences of family members how have been addicted to prescription pills and then have moved to heroin. The amount of stress and pain it puts on a family is immeasurable.

In Michigan, heroin is classified as a Schedule 1 drug (Michigan Public Health Code section 333.7212) and possession is a Felony (Michigan Public Health Code Section 333.7403). Schedule 1 drugs are considered to be the most addictive, abused, and dangerous of all drugs. The punishment you face if convicted for possessing heroin will depend on the amount of the drug involved along with other factors. It is possible that a first offender may receive a reduced sentence for the first offense, depending on a Judge’s discretion. However, the sentencing guidelines for heroin possession are detailed in the chart below:

Other factors that may affect the penalties you face include whether you have a prior drug conviction, and whether you were in possession of the drug near a church, home, school, park, or business. Not only will you face the penalties described above if convicted, your driver's license may be suspended in addition.

If you or someone you know is dealing with a heroin or schedule 1 drug offense, it is imperative that you seek legal representation from a lawyer familiar with this area of the law. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.

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