Legal Question in Criminal Law in Michigan

marijuana use, search and seisure

Yesterday I had 10 police officers raid my house. they had gotten reports of marijuana use. a couple of days ago i bought about 75 bags so i wouldnt run out. All I had was 4 grams of marijuana. but they were trying to bust me for selling. when you answer my question tell me what the punishment is and if they can bust me for selling if i only had 4 grams, i dont know if it makes any difference but i had a very small bag on me (in my pocket) would that make any difference. (there was less than a gram on me).


Asked on 3/14/02, 9:57 am

1 Answer from Attorneys

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

Re: marijuana use, search and seisure

The penalty for delivery/intent to deliver less than 5 kilograms or fewer than 20 plants of marijuana - Maximum 4 years imprisonment and/or a maximum $20,000 fine MCL 333.7401(2)(d)(iii). The way the marijuana was packed - 75 bags - could give the impression that you were intending to distribute it. Were any scales or packaging materials found in your home? An argument could be made that if none were found you were simply in possession of marijuana - a maximum of 1 year and/or $2,000 fine. Possession with intent to deliver is a felony while possesion is a misdemeanor. You should retain an attorney or if you are unable to afford an attorney request court appointed counsel. There may be problems with the search warrant which if so could result in a suppression of the evidence and a dismissal of the charges against you. Was there any mention in the search warrant affidavit that a controlled buy took place at your home? Are you also being charged with operating a drug house? Have they instituted civil forfeiture proceedings against you? As you can see there are many questions associated with your case which should be discussed with a competent attorney. Good luck.

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Answered on 3/14/02, 11:12 am


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