Michigan Attorneys Defending Clients Facing Drug Crimes

Individuals engaged in the use or possession of illegal substances (or legal drugs without a valid prescription) are often unaware of the serious criminal ramifications of their actions. In Michigan drug crimes including the illegal use or possession of marijuana, cocaine, vicodin, other street drugs, and controlled substances are treated harshly by the legal system with penalties varying widely depending on the type and amount of controlled substance. For example, under Michigan law the mere possession of even a tiny amount of marijuana is a high misdemeanor punishable by up to a year in jail. Possession of marijuana with intent to deliver or delivery of marijuana is punishable by up to four years imprisonment. The possession of even a trace amount of cocaine is a felony punishable by up to four years in a state prison, and possession with intent to deliver or actual delivery carries a twenty year maximum sentence.

Over the years the criminal defense attorneys at Larin and Leonard have successfully defended hundreds of clients charged with possession of marijuana and other more serious drug crimes. In some cases there are constitutional search and seizure issues which can result in the suppression of evidence and outright dismissal of the criminal case. In other instances, even if the client is admittedly guilty, negotiated settlements can be reached whereby the charges are resolved without the stigma of a conviction, permanent criminal record, and mandatory loss of driving privileges which result from any drug crime conviction - even if the person was not driving at the time of the alleged offense.

Operating While Intoxicated or Impaired by Marijuana

Individuals apprehended in possession of marijuana or other controlled substances while operating a motor vehicle are in an even more perilous legal situation. These persons can generally be charged not only with possession of the marijuana or other controlled substance, but also with driving under the influence of a controlled substance or driving while impaired by the marijuana or controlled substance if any erratic driving occurred, or if the police and prosecutor can otherwise demonstrate that the person's ability to drive was under the influence or visibly impaired by the marijuana or other controlled substance involved.[Link to Driving Under the Influence of Drugs or While Impaired by Drugs]. These crimes are punishable under the same law and with the same penalties as though the person were under the influence or visibly impaired by alcohol because under Michigan law the terms "Operating While Intoxicated" and "Operating While Visibly Impaired" are defined to include being under the influence or visibly impaired by alcoholic liquor and/or a controlled substance.

Operating With the Presence of Marijuana

Moreover, in Michigan an individual who operates a motor vehicle with any presence of marijuana, cocaine, or Schedule 1 controlled substance in his or her body is subject to criminal prosecution even if he or she is not under the influence or visibly impaired by the drug. Michigan Law is clear on this point. The statute specifically prohibits operating a motor vehicle with the presence in one's blood of any marijuana, cocaine or Schedule 1 controlled substance. There is no mention or requirement in the statute that the driver's ability to operate be affected! This offense, Operating with Any Presence of Drugs (OWPD), carries the same penalties as operating a motor vehicle under the influence of liquor.

Thus, persons who use marijuana even infrequently are at great risk for criminal prosecution under this law if they subsequently operate a motor vehicle. Consider, the metabolites of prior marijuana use can be detected in the urine and blood for as long as 30 days or more following ingestion - long after any possible effect of the use has worn off. Nevertheless, if the marijuana metabolites are still present and the person operates a motor vehicle, Michigan judicial rulings hold that the individual is breaking the law and can be prosecuted, with the same penalties as for drunk driving, as though the person were actively under the influence of the marijuana, cocaine, or Schedule 1 controlled substances. This is true even if the person used the marijuana legally (in Amsterdam, for example) weeks earlier!

Medical Marijuana

Effective December 4, 2008 Michigan voters have decriminalized the medical use of marijuana. As a broad generalization individuals who are "qualifying patients" diagnosed as such by a physician and who have been issued state medical marijuana registration identification cards may, in limited circumstances, possess up to 12 marijuana plants and up to 2.5 ounces of usable marijuana for the purpose of medical treatment. In some circumstances other patients may also fall within the protections of the Michigan Medical Marijuana Act in prosecutions for the use or possession of marijuana, but only if a physician verifies a legitimate medical need for the use and the amount possessed is reasonably necessary for treatment. This is a new and developing area of the criminal law. Michigan courts have not as of yet clearly defined the parameters of potential medical marijuana defenses.

In the meanwhile, persons who use marijuana must understand that should they operate a motor vehicle while under the influence of marijuana that they can still be prosecuted for this crime. The Michigan Medical Marijuana Act clearly declares that this act does not permit any person to "operate, navigate or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana."

Contact Us Today

The attorneys at Larin and Leonard practice criminal law exclusively, specializing in the defense of drunk driving, driving under the influence of marijuana or other drugs, and other alcohol or drug related offenses. With years of experience our lawyers are well prepared to defend you vigorously and to the full extent of the law against any allegations of Operating a Motor Vehicle While Intoxocated or Under the Influence of Alcohol or Drugs and other alcohol and drug related crimes. Contact us Link to Contact Us today and discover the benefits Link to Benefits of Having an Attorney of having an expert criminal defense team on your side.