Possessing a Schedule 1 or 2 narcotic in Michigan is a felony. Under 50 grams carries up to 4 years in prison or a fine of up to $25,000. The penalty rises with weight, to up to 20 years at 50 grams and up to life at 1,000 grams or more. The charge is set by MCL 333.7403.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Narcotic possession at a glance
| Less than 25 grams | Felony: up to 4 years or a fine of up to $25,000, or both |
|---|---|
| 25 to under 50 grams | Felony: up to 4 years or a fine of up to $25,000, or both |
| 50 to under 450 grams | Felony: up to 20 years or a fine of up to $250,000, or both |
| 450 to under 1,000 grams | Felony: up to 30 years or a fine of up to $500,000, or both |
| 1,000 grams or more | Felony: life or any term of years, or a fine of up to $1,000,000, or both |
| How weight is counted | By the weight of any mixture containing the substance |
These tiers cover Schedule 1 or 2 narcotic drugs and the drugs described in MCL 333.7214(a)(iv). Other controlled substances have different penalties in the same statute. A lawyer should confirm which tier applies to your substance.
How does a drug possession 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
- The stop and search. Many drug cases turn on whether police had a lawful basis to stop, search, or enter. See drug possession defense.
- Possession. The prosecutor must prove you knew of and controlled the substance. Shared cars and homes raise this issue.
- Lab testing and weight. The weight includes the whole mixture, so testing and measurement can matter to the tier.
- Diversion and record clearing. Some first-time cases may qualify for options that avoid a lasting record. See expungement.
Related page: misdemeanor or felony offense.
Frequently asked questions
Is possession of cocaine or heroin a felony in Michigan?
Yes. Under MCL 333.7403(2)(a), possession of a Schedule 1 or 2 narcotic is a felony, with up to 4 years in prison or a fine of up to $25,000 when the amount is under 50 grams.
Does weight change the penalty?
Yes. At 50 grams the maximum is 20 years, at 450 grams it is 30 years, and at 1,000 grams or more it is life or any term of years.
Talk to a Detroit drug charge attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 333.7403 in the Michigan Legislature’s text. This page is general information, not legal advice.