In Michigan, heroin is classified as a Schedule 1 controlled substance. According to Section 333.7211 of the Michigan Compiled Laws, administrators designate substances as Schedule 1 if they have a high potential for abuse, have no accepted medical use for treatment in the U.S. or lack acceptable safety standards for using in treatment under medical supervision. Being under the influence of heroin in Michigan is considered a misdemeanor offense punishable by up to one year in jail and $2000 in fines if convicted.
Penalties for possession
Possessing heroin qualifies as a felony offense in Michigan. Possession of up to 50 grams is punishable by fines up to $25,000 and four years in jail. Possessing 50 to 500 grams carries fines up to $250,000 and up to 20 years behind bars. Possession of 450 to 999 grams carries up to 30 years behind bars with fines up to $500,000. Possessing over 1,000 grams in Michigan may warrant a life sentence in prison and up to $1 million in fines. Possession with intent to deliver carries even harsher penalties.
Penalty for possession with intent to deliver
Possession with intent to deliver, distribute, sell or manufacture less than 50 grams of heroin are felony drug crimes warranting up to 20 years in jail and $25,000 in fines, if convicted. The penalties are the same for those convicted of actually manufacturing, distributing or delivering heroin in Michigan. Charges involving 50 to 99 grams carry up to 20 years in jail and up to $250,000 in fines. If the amount ranges between 450 and 999 grams, sentencing can last up to 30 years in jail and up to $500,000 in fines.
Possession with the intent to distribute is a Class B felony, but if the amount is substantial, the charges may qualify as drug trafficking, a Class A felony. Some of the factors that help determine the sentencing in these types of cases include the defendant’s criminal history, the amount involved and the proximity of where the offense occurred in relation to drug-free zones, like schools, libraries, parks and other public-use areas.