Drug Possession and Use in Michigan

A plain-language look at Michigan controlled substance possession and use charges: which are misdemeanors and which are felonies, the overdose exception, adult marijuana under the MRTMA, the 7411 first-offense deferral, and the court path.

Possession and Use: The Basics

Michigan has two separate drug laws for personal cases:

Possession, MCL 333.7403: knowingly or intentionally having a controlled substance without a valid prescription.
Use, MCL 333.7404: using a controlled substance without a valid prescription.

Use is always a misdemeanor. Possession can be a misdemeanor or a felony, depending on the drug and the amount.

Michigan also has a medical emergency exception. If you seek medical help for yourself or someone else for an overdose or other emergency, and the evidence was found because you sought help, you are not in violation of the possession or use laws for a personal-use amount. This protection does not stop other charges.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

Possession Penalties

At a high level, for possession under MCL 333.7403:

Narcotic drugs in schedule 1 or 2, such as heroin, fentanyl, or oxycodone, or cocaine, under 25 grams: a felony with up to 4 years and a fine of up to $25,000. The same penalty applies from 25 grams up to 50 grams. Amounts of 50 grams or more carry much higher penalties.
Methamphetamine or MDMA, any amount: a felony with up to 10 years and a fine of up to $15,000.
Most other schedule 1 through 4 drugs, such as diazepam without a valid prescription: a felony with up to 2 years and a fine of up to $2,000.
LSD, peyote, mescaline, DMT, psilocybin (mushrooms), or schedule 5 drugs: a misdemeanor with up to 1 year and a fine of up to $2,000.
A prescription form: a misdemeanor with up to 1 year and a fine of up to $1,000.

For use under MCL 333.7404, the maximums range from 90 days and $100 for marijuana, up to 1 year and $2,000 for schedule 1 or 2 narcotic drugs.

Adult Marijuana Under the MRTMA

Recreational marijuana is legal for adults 21 and older under the Michigan Regulation and Taxation of Marihuana Act. Adults may:

Possess up to 2.5 ounces, with no more than 15 grams as concentrate
Keep up to 10 ounces at home, plus what is grown there
Grow up to 12 plants at home for personal use
Give up to 2.5 ounces to another adult 21 or older, without payment or advertising

Going over the limits is usually not a crime. Having no more than the limit in a way the law does not allow is a civil infraction with a fine of up to $100. Up to twice the limit is a civil infraction with a fine of up to $500 for a first violation or $1,000 for a second; a third violation is a misdemeanor with a fine of up to $2,000. More than twice the limit is a misdemeanor, but jail is not allowed unless the violation was habitual, willful, and commercial, or involved violence.

The MRTMA does not allow driving under the influence of marijuana, using it while driving, or using it in a public place.

The Court Path

Misdemeanor possession and use cases stay in district court, starting with an arraignment on the charge, your rights, and bond. Felony possession cases follow a different path.

A felony case starts in district court, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County), and then moves to circuit court:

Arraignment on the complaint: the court tells you the charge, explains your rights, sets bond, and sets the next two dates.
Probable cause conference: 7 to 14 days after the arraignment. The prosecutor and your lawyer can discuss a possible plea, bond, and other issues.
Preliminary examination: 5 to 7 days after the conference. The prosecutor must show probable cause that a felony was committed and that you committed it. Witnesses testify under oath and your lawyer can question them.
Bindover: if the judge finds probable cause, the case is "bound over" to circuit court. If not, the judge must dismiss the charge or reduce it to a non-felony.
Circuit court arraignment: within 14 days after bindover, unless the district court handles it as the court rules allow.

Some steps can be waived or rescheduled. Ask your lawyer before agreeing to waive anything.

The 7411 Deferral and Other Options

MCL 333.7411 offers a deferral for a first drug offense. If you have no prior drug conviction in any state or federal court, and you plead guilty or are found guilty of use, or of possession at these levels, the court may place you on probation without entering a conviction:

Schedule 1 or 2 narcotic drugs and the related listed drugs, under 25 grams
Methamphetamine, MDMA, and other schedule 1 through 4 drugs
LSD, psilocybin, and the other listed drugs, schedule 5, or marijuana

Probation under 7411 includes a probation supervision fee. If you complete probation, the case is dismissed without a conviction, and the record is not public. The state police keep a nonpublic record that courts, police, and prosecutors can see. You can use 7411 only once.

HYTA (MCL 762.11) may also apply if you were 18 through 25, with prosecutor consent if 21 or older, and the court may delay sentencing for up to one year under MCL 771.1.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your charging papers, your bond paperwork, your court notices, any lab or test results you received, and proof of any valid prescription. Write your own notes about the stop or search while your memory is fresh, and share them only with your lawyer.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not use drugs or alcohol if your bond conditions prohibit them. Bond can require testing.
Do not assume you have used 7411 or HYTA before. Ask your lawyer to check your record.
Do not miss court. A missed date can lead to a bench warrant.

Drug cases depend on the exact substance, the amount, how it was found, and your record. Know which level you are charged with, follow your bond conditions, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a drug possession or use charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.