Manufacturing, delivering, or possessing with intent to deliver a Schedule 1 or 2 narcotic in Michigan is a felony. Under 50 grams carries up to 20 years in prison and a fine of up to $25,000, and the penalty rises to up to life at 1,000 grams or more. The charge is set by MCL 333.7401.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Delivery and intent to deliver at a glance
| Under 50 grams | Felony: up to 20 years, a fine of up to $25,000, or both |
|---|---|
| 50 to under 450 grams | Felony: up to 20 years, a fine of up to $250,000, or both |
| 450 to under 1,000 grams | Felony: up to 30 years, a fine of up to $500,000, or both |
| 1,000 grams or more | Felony: life or any term of years, a fine of up to $1,000,000, or both |
| Conduct covered | Manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver |
| How weight is counted | By the weight of any mixture containing the substance |
These tiers are for Schedule 1 or 2 narcotics. Other controlled substances have different penalties in the same statute. A lawyer should confirm which tier applies.
How does a delivery case move through court?
- Arraignment in district court, where bond is set.
- Preliminary examination. The prosecutor must show probable cause.
- Bindover to circuit court if probable cause is found.
- Resolution by dismissal, reduction, plea, or trial.
What matters in the defense
- Intent to deliver. Possession alone is a lesser charge. See narcotic possession. The prosecutor must prove intent to deliver.
- The stop and search. Many drug cases turn on whether police acted lawfully. See drug possession and sales defense.
- Informants and sales. Informant credibility and recordings can be challenged.
- Weight and testing. Lab results and measurement affect the tier.
Related page: misdemeanor or felony offense.
Frequently asked questions
What is the penalty for possession with intent to deliver in Michigan?
For a Schedule 1 or 2 narcotic under 50 grams, up to 20 years in prison and a fine of up to $25,000 under MCL 333.7401(2)(a).
How is it different from simple possession?
Delivery and intent to deliver carry much higher maximums than possession, so the intent element is often the main fight.
Talk to a Detroit drug charge attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 333.7401 in the Michigan Legislature’s text. This page is general information, not legal advice.