Detroit Michigan Drug Crimes Defense Attorney
Michigan drug charges depend on the substance, the weight and whether the state alleges possession (MCL 333.7403) or delivery or intent to deliver (MCL 333.7401): possession of less than 25 grams of heroin or cocaine is a felony punishable by up to 4 years, and a first-time possession case may qualify for deferral and dismissal under MCL 333.7411. Attorney Kevin Bessant defends drug possession, delivery and trafficking cases in Wayne, Oakland and Macomb counties, and in federal court when the case is charged there.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Michigan drug charges at a glance
| Possession | MCL 333.7403. The penalty depends on the substance and weight. See cocaine and heroin possession. |
|---|---|
| Delivery or intent to deliver | MCL 333.7401. The penalty depends on the substance and weight. See drug delivery and possession with intent. |
| First-offense deferral | MCL 333.7411. For eligible first-time possession cases, the court may defer proceedings and place the person on probation; completing it leads to dismissal without an adjudication of guilt. |
| Marijuana | Adult-use possession within the legal limits is lawful under the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 and following). Amounts over the limits, and unlicensed sales, can still be charged. |
| Federal drug charges | 21 USC 841. The arresting agency and the quantity can put a case in federal court. See federal criminal charges. |
| Where it is heard | The district court for the place of arrest; felonies move to circuit court. |
Penalties are those stated in the statutes. Prior record, sentencing guidelines and other charges can change the outcome.
The Law Office of Kevin Bessant & Associates understands the devastating impact a drug conviction can have on your life. Drug Crimes Criminal Defense Lawyer Kevin Bessant has successfully provided aggressive court room litigation in defending persons charged with drug crimes and controlled substance offenses in Michigan. If you have been charged with a Misdemeanor or Felony Drug Crime charge in Wayne County, Oakland County, Macomb County, Monroe County, Livingston County, or Washtenaw County, please call our office immediately so we can help you today! The Law Office of Kevin Bessant & Associates can defend your case and protect your interests in court.
A drug crime conviction can have life-altering ramifications, and can cause significant hardships to an individual and their family. Common penalties for offenses include time in jail or prison, heavy fines, probation, community service, participation in a treatment program, driver’s license suspension, search and seizure of your property, and the loss of your right to own a weapon, obtain federal financial aid, or hold certain professional licenses.
Video: Detroit Michigan Criminal Defense Attorney Kevin Bessant explains how to defend against drug trafficking and drug possession criminal charges. (0:55)
Also, depending on the arresting agency or the amount of drugs involved, a charge can be prosecuted as a Federal Crime. Call Kevin Bessant today if you are under investigation or have been charged with the delivery or manufacturing of drugs and narcotics. The Law Office of Kevin Bessant & Associates is here to help!!
Cocaine and heroin penalties by weight
| Weight (any mixture) | Possession (MCL 333.7403) | Delivery or intent to deliver (MCL 333.7401) |
|---|---|---|
| Under 25 grams | Felony: up to 4 years or a fine of up to $25,000, or both | Felony: up to 20 years, 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 | Felony: up to 20 years, 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 | 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 or a fine of up to $500,000, or both | 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, or a fine of up to $1,000,000, or both | Felony: life or any term of years, a fine of up to $1,000,000, or both |
Other substances carry different ranges. See the cocaine and heroin possession guide and the drug delivery guide. A first-time possession case may qualify for deferral under MCL 333.7411.
Detroit Drug Crimes Criminal Defense Lawyer Can Keep You Out of Jail
A person can be arrested and charged in Michigan for the following drug related activities:
- Drug sales
- Drug Possession
- Drug Paraphernalia
- Drug distribution
- Drug manufacturing
- Drug trafficking
- Drug transportation
- Prescription fraud
- Marijuana crimes
If you have been arrested or charged with a drug crime in State or Federal Court call Kevin Bessant immediately for a free case evaluation and consultation. The Law Office of Kevin Bessant & Associates will aggressively defend your charges in court and persuade the jury to consider “all” of the evidence, not just the evidence the police and prosecution wants the jury to hear. You deserve to have a great legal team behind your case! You deserve the representation of Kevin Bessant to WIN your case.
Call today for a free consultation or online consultation.
Related guides
- Cocaine and heroin possession
- Drug delivery and possession with intent
- Felony firearm, when a gun is alleged with a drug charge
- Federal criminal charges
- Probation and parole violations
- Criminal expungement
Where we defend drug cases
Attorney Kevin Bessant has offices in Detroit (Wayne County), Eastpointe (Macomb County) and Southfield (Oakland County). Drug cases are heard in the district court for the place of arrest, including the 46th District Court in Southfield, the 37th District Court in Warren and the 41A District Court in Sterling Heights.
Service area pages: Warren, Sterling Heights, Dearborn, Livonia, Troy, Royal Oak, Pontiac, Novi, Ann Arbor, and Clinton Township, plus Wayne, Oakland, Macomb, Washtenaw, Monroe and Livingston counties.
Legal Authority: Statute and Case Law
Legal citations on this page last reviewed: October 2026
- Michigan’s controlled substance statutes are codified at MCL 333.7403 (possession) and MCL 333.7401 (delivery/intent to deliver), with the first-offender deferral at MCL 333.7411.
- Possession of less than 25 grams of a Schedule 1 or 2 narcotic or cocaine is a felony punishable by up to 4 years (MCL 333.7403). Adult-use marijuana is governed by MCL 333.27951 and following, and federal drug trafficking is at 21 USC 841.
- People v Wolfe, 440 Mich 508, 519-524 (1992) — the Michigan Supreme Court held that possession can be actual or constructive, that mere presence at a location where drugs are found is insufficient by itself, and that intent to deliver may be proven entirely by circumstantial evidence such as quantity or packaging.
- People v Konrad, 449 Mich 263, 271 (1995) — held that the essential question for constructive possession is whether the defendant had dominion or control over the substance, requiring some connection beyond mere presence.
For the current statutory text and published opinions, see the Michigan Legislature’s MCL database and the Michigan Courts case search.
About Attorney Kevin Bessant
- Licensed Michigan Attorney with the State Bar of Michigan and over 20 years of criminal defense trial experience.
- Michigan Super Lawyer, recognized annually from 2015 through 2026.
- Detroit Business Magazine (DBusiness) Top Lawyer, 2017.
- Listed among Expertise.com’s Best Criminal Defense Lawyers in Detroit.
- Interviewed by Fox 2 News Detroit (2016) regarding Michigan State Police breathalyzer calibration errors affecting nearly 2,000 DUI cases statewide between December 2015 and April 2016.
- Offices in Detroit, Eastpointe, and Southfield, Michigan, serving Wayne, Oakland, Macomb, Monroe, Livingston, and Washtenaw counties.
- Free case evaluation: 313-658-8159
Frequently Asked Questions
What drug-related charges can result in arrest in Michigan?
Common charges include drug possession, sales, distribution, manufacturing, trafficking, transportation, drug paraphernalia, prescription fraud, and marijuana-related offenses.
Can a drug charge become a federal case?
Yes. Depending on the arresting agency or the quantity of drugs involved, a drug case can be prosecuted as a federal crime rather than a state charge.
What are common penalties for a drug conviction in Michigan?
Penalties can include jail or prison time, heavy fines, probation, mandatory treatment programs, driver’s license suspension, property seizure, and loss of certain rights such as owning a firearm or receiving federal financial aid.
What Michigan counties does the firm defend drug charges in?
Wayne, Oakland, Macomb, Monroe, Livingston, and Washtenaw counties.
Is drug possession a felony in Michigan?
It depends on the substance and the amount. Possession of less than 25 grams of heroin or cocaine is a felony punishable by up to 4 years under MCL 333.7403, while some lesser-scheduled substances are misdemeanors.
What does intent to deliver mean?
Delivery under MCL 333.7401 covers transferring a controlled substance, and the prosecutor must prove intent to deliver. Under People v Wolfe, intent may be shown by circumstantial evidence such as quantity or packaging, and each of those facts can be challenged.
Can a first drug offense be dismissed?
Possibly. MCL 333.7411 lets the court defer proceedings for eligible first-time possession cases and place the person on probation. Completing it leads to dismissal without an adjudication of guilt, but eligibility depends on the charge and the person’s record.