Legal Question in Criminal Law in Michigan

Delivery Of a Controlled Substance

what is the definition of Delivery of a controlled substance? what are its elements? what are its penalties?


Asked on 11/23/99, 7:41 pm

2 Answers from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Delivery Of a Controlled Substance

Delivery includes both knowledge of the nature of the substance and intent to deliver the substance to another.

Possession connotes dominion or the right of control over the substance with knowledge of its presence and character.

The statutory definition of delivery is found in MCL 333.7105(1). It also applies when you give a drug to a friend.

Elements are: delivery or intent to deliver, knowledge of nature of substance, and the substance is controlled.

penalties are determined by the type and amount of the controlled substance. Can range from a maximum of life (650 cases) to maximum of 2 years (schedule 5 cases.

Let me know the charge and I can tell you what the maximum sentence can be.

This is my free general "gut feeling" only, and does not constitute nor may it be construed as "legal advice" as to all aspects of your case or claim. It does not constitute nor may it be construed as creating any "attorney-client relationship", since (1) this message is public and non-confidential and (2) no contract has been entered into for any professional legal services.

Good luck to you.

Henry Legere

(810) 463-5821

(517) 699-5090

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Answered on 11/25/99, 11:19 am
Regina Mullen Legal Data Services, PLC

Re: Delivery Of a Controlled Substance

You can find all of this information on-line by going to the State of Michigan legislation website at www.michiganlegislature.org/law/

and doing a search for "controlled substance."

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Answered on 11/24/99, 4:18 pm


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