POSSESSION OF MARIJUANA INFORMATION

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Possession/Use of Marijuana
I am charged with Possession or Use of Marijuana and need to know if I can get it deferred.  There are 2 ways to get a deferment: 

 

  1. Under MCL 333.7411 or aka “7411” this law allows an individual who has been charged with a non-major drug offense to walk away without a drug conviction after successful completion of the court’s sentence. Non-major drug offenses are usually simple possession of controlled substance offenses for marijuana, cocaine, heroin, or ecstasy. Major offenses not “7411″ eligible are offenses that involve delivery or manufacture of drugs, including possession with intent to deliver and maintaining a drug house. Prosecutors are reluctant to offer this plea to a defendant if he is not represented. You only get one bite at the apple; if you represent yourself and are not offered 7411 it makes much more difficult for me to try to get the plea. 

2. MCL 762.11 or aka HYTA is another deferral law that has specific age restrictions. To receive HYTA consideration, a defendant must have committed the crime charged between the ages of 17 and 21. HYTA is not allowed for a number of offenses, including all offenses for which the penalty is life, all traffic offenses, and most criminal sexual conduct offenses. MCL 762.11 (2),(3). As with the other deferral statues, HYTA will allow for a non-public record of the offense. Additionally, you must satisfy all the sentence requirements of the court.  Prosecutors are reluctant to offer this plea to a defendant if he is not represented.  You only get one bite at the apple; if you represent yourself and are not offered HYTA it makes much more difficult for me to try to get the plea. 

 

  1. So please call our office today at 616-915-6576 for a free consultation

Use of Marijuana:
Marijuana use is the least serious marijuana related charge in Michigan, but it is still a misdemeanor offense. If there is evidence that you smoked, used, or consumed pot/marijuana/weed, you can be charged with marijuana use.  Marijuana use is subject to penalties of up to 90 days in jail and a $1000 fine.

Driving Consequences:  1st offense is 6 month suspension and you can get a restricted after 30 days.  However if we can get a plea of 7411 you will be able to keep your license in most courts.  2nd offense is a 1 year suspension and you can get a restricted after 60 days. 

Possession of Marijuana:
If you are charged with possession of marijuana you could receive a potential sentence of up to one year in jail and fines of $2,000.

Driving Consequences: 1st offense is 6 month suspension and you can get a restricted after 30 days.  However if we can get a plea of 7411 you will be able to keep your license in most courts.  2nd offense is a 1 year suspension and you can get a restricted after 60 days.

Please call 616-915-6576 for a FREE consultation .