Michigan Drug Crimes Defense Attorney

Drug crimes in Michigan carry some of the toughest penalties in the state, including long-term imprisonment, heavy fines, probation, and lifelong consequences for your career, reputation, and record. Whether you are accused of simple possession or a serious trafficking offense, the prosecution must prove every element of the charge beyond a reasonable doubt. As a former prosecutor, our attorney knows exactly how drug cases are built—and how to attack the weaknesses in the evidence, the search, and the police investigation.

We defend clients facing all levels of drug charges throughout Metro Detroit and Michigan. 

Overview of Michigan Drug Laws

Michigan’s drug laws cover controlled substances such as narcotics, stimulants, opioids, hallucinogens, prescription medications, and synthetic drugs. Charges may be filed as misdemeanors or felonies depending on:

  • Type of drug
  • Weight or quantity
  • Possession vs. distribution
  • Whether minors or weapons were involved
  • Prior convictions
  • Federal involvement

Even a minor drug charge can carry severe consequences without the right defense.

Schedule of Controlled Substances in Michigan

Michigan categorizes drugs into five schedules based on potential for abuse and accepted medical use:

  • Schedule 1: Heroin, LSD, ecstasy, hallucinogens (highest potential for abuse; no accepted medical use)
  • Schedule 2: Cocaine, fentanyl, methamphetamine, oxycodone, morphine
  • Schedule 3: Anabolic steroids, ketamine, some prescription medications
  • Schedule 4: Xanax, Valium, Ativan
  • Schedule 5: Lower-strength prescription drugs with limited quantities of codeine

The drug’s schedule plays a major role in determining the potential penalties. 

Drug Possession

Possession charges involve having a controlled substance on your person, in your vehicle, or anywhere police claim you had control. Many cases hinge on constructive possession, which can be challenged when drugs are found in shared spaces, vehicles, or homes.

Drug Distribution / Trafficking

Distribution or trafficking charges are among the most serious drug offenses. Prosecutors look for evidence such as large quantities, packaging materials, scales, cash, or digital messages—even though these items do not always prove intent to distribute.

Drug Manufacturing

Manufacturing charges can involve growing, cooking, processing, or producing illegal substances. These cases often involve aggressive search warrants, questionable investigations, and complicated chemical evidence that can be challenged.

Possession with Intent to Deliver (PWID)

PWID charges can be filed even without evidence of an actual sale. Prosecutors use quantity, packaging, or text messages to claim intent—but these assumptions are often inaccurate and can be successfully disputed.

Prescription Fraud

Prescription-related charges may involve forged prescriptions, doctor shopping, pharmacy theft, or unlawful possession of controlled medications. Many cases begin with misunderstandings, medical issues, or administrative errors—not criminal intent.

Marijuana Charges

Even with Michigan’s legalization framework, you can still be charged for possessing excess quantities, unlicensed distribution, transporting marijuana improperly, or operating a vehicle under the influence. Marijuana crimes also lead to federal charges in certain situations.

Cocaine Charges

Cocaine possession, PWID, or trafficking charges carry severe penalties, especially for larger quantities. Police often rely on unreliable field tests, informants, or questionable search techniques that can be challenged.

Heroin Charges

Heroin-related offenses are treated harshly due to the opioid epidemic. Even small amounts can lead to felony charges. Many cases involve addiction issues that courts may be willing to address through treatment instead of incarceration.

Methamphetamine Charges

Meth possession, manufacturing, and distribution charges can involve enhanced penalties when chemicals, equipment, or hazardous materials are found. These cases often rely on lab reports and search warrants that must be thoroughly reviewed.

Fentanyl Charges

Because of fentanyl’s potency, even trace amounts can lead to serious felony charges. Prosecutors typically push aggressively for harsh penalties, but fentanyl cases are highly technical and often involve issues with testing, lab contamination, or chain of custody.

Penalties for Michigan Drug Crimes

Penalties depend on the type of drug, its schedule, and the amount involved. Possible consequences include:

  • Misdemeanor or felony convictions
  • Jail or prison sentences
  • Large fines
  • Driver’s license suspension
  • Probation or parole
  • Mandatory drug treatment
  • Immigration consequences
  • Asset forfeiture
  • A permanent criminal record

Felony drug cases can carry decades in prison, especially for manufacturing or trafficking. 

Federal vs. State Drug Charges

You may face federal charges if:

  • The case involves interstate activity
  • Large quantities of drugs are seized
  • Firearms were present
  • The DEA, FBI, or Homeland Security becomes involved
  • The case involves fentanyl, meth, or heroin networks

Federal drug cases are extremely serious and require a defense attorney experienced in federal courts. 

Defense Strategies

Common defense approaches include:

  • Illegal search and seizure
  • Invalid traffic stop
  • Lack of probable cause
  • Problems with the search warrant
  • Lab testing errors or contamination
  • Drugs belonging to someone else
  • Entrapment in undercover operations
  • Constitutional violations
  • Chain of custody issues
  • Addiction treatment alternatives

Every case is different—your defense is tailored to the facts, the evidence, and your goals. 

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Drug Court Options

Michigan offers specialized drug courts that focus on rehabilitation rather than punishment. If eligible, you may avoid jail and even keep a conviction off your record by completing treatment, testing, and court supervision.

Drug court may be an option for first-time offenders and individuals struggling with addiction. 

Why Hire a Former Prosecutor?

As a former prosecutor, our attorney knows the tactics the state uses, how drug investigations are conducted, and where the weaknesses are in lab reports, search warrants, and police testimony. This insight allows us to build a proactive and strategic defense.

See What Our Clients Are Saying

Joshua A. Kaplan Criminal Defense Attorney provided prompt expert legal guidance throughout my case. His dedication to his clients and legal process unsurpassed. Joshua demonstrated a true personal interest in me and my situation . I would highly recommended him for your legal matter.

Richard S.

I tried to navigate the MI reinstatement process alone and failed. I live out of state and was lost, until I found Mr. Kaplan. He jumped in and helped me navigate the system. He never once made me feel like a criminal, or a bad person for the mistakes I’ve made. He listened, he supported, and he was professional the whole time. I wouldn’t have been able to do this without him. I went 15 years without a license and Josh helped change that for me. Highly recommend!

Amy G.

The best attorney I could have asked for. Josh is caring & knows how to make his clients feel represented. He is diligent and prompt & available when needed. I had another attorney before him that did not help me with my case & Josh really made sure I was taken care of. I highly recommend him to anyone who needs representation. Not only is he good at what he does, but he has a big heart and genuinely wants to help.

Alicia L.

What a True professional… You want Josh Kaplan leading your team! His representation helped me through a difficult Court case and if i would’ve went with any other attorney I know 1000% it wouldn’t have been in my favor. He made me feel comfortable through the entire process. Josh truly has your back! Thank you for your services Josh, you’re much appreciated Sir

Michael C.

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