Drug laws in Michigan are relatively complex. People can sometimes unintentionally break the law because they don’t understand what is legal and what is not. Many people accused of violating controlled substances statutes in West Michigan hope to face simple misdemeanor charges.
However, prosecutors may pursue the most serious charges that they can justify given the circumstances. In some situations, an incident that a defendant expects to lead to misdemeanor drug charges could result in a felony charge instead.
When does drug possession shift from being a misdemeanor offense to a felony offense?
When the drug is dangerous
There’s a schedule for controlled substances that guides criminal prosecution. Schedule 1 drugs have no accepted medical use and are considered relatively dangerous, while Schedule 5 drugs have accepted medical use and pose limited risk to the public. Even simple possession offenses involving drugs with a lower schedule number can potentially lead to felony charges in some cases.
When the amount of drugs is excessive
The weight of the drugs found by law enforcement professionals can lead to harsher penalties based on the schedule of the drugs. Larger quantities of drugs are more likely to lead to felony charges. Particularly in cases where a person’s prior record or the items found in their possession indicate an intent to traffic the drugs to others, felony prosecution is possible.
Fighting back against the charges, negotiating a plea bargain or pursuing pre-trial diversion are all possible options for those who wish to limit the impact of pending felony drug charges. Defendants facing possession with intent or other major drug charges need help reviewing the allegations against them and developing a defense strategy, and that’s okay.