There are quite a few criminal laws on the books in Michigan that deal with Marijuana. This article will go over these laws and identify the maximum incarceration time and fines a person can face for these criminal charges. This article will also cover and explain the 7411 deferral program that is available to people charged with possession and use of marijuana.
Possession of marijuana in Michigan is a misdemeanor that is punishable by one year in jail and a maximum fine of $2,000 dollars. Possession of Marijuana in a park is a felony punishable by up to two years in prison and a fine of $2,000. Use of Marijuana is a misdemeanor punishable by 90 days in jail and a $100 fine. Unless someone has a very bad criminal record or a lot of prior marijuana convictions on their record, the odds of the person getting any jail time for either of these charges are slim.
Regarding the unlawful sale of marijuana in Michigan, a person who is caught trying to sell less than 5 kg of marijuana in Michigan is guilty of a felony where the maximum punishment is 4 years in prison and a $20,000 fine. Sale of marijuana of 5 to 45 kg is a felony punishable by seven years in prison and a $500,000 fine. Sale of marijuana over 45 kg is a felony punishable by 15 years in prison and a $10,000,000 fine.
Cultivation of less than 20 marijuana plants is a felony punishable by up to 4 years in prison with a $20,000. Cultivation of 20 to 200 plants is a felony punishable by up to 7 years in prison with a $500,000 fine. If someone is caught cultivating 200 plants or more, the maximum punishment is 15 years in prison with a $10,000,000 fine.
7411 is a diversion program available to people who are charged with possessing of marijuana and some other drug possession charges in Michigan. If a person has no prior drug offenses, their defense attorney maybe able to get the prosecutor and court to agree to allowing the defendant to plea guilty to certain drug possession charges under 7411.
7411 is a deferral, which means, that a person reaches an arrangement with the court to plead guilty to a drug possession charge if the court agrees to keep the charge and plea secret. The judge at sentencing will tell the person how long they will be on probation and the case will be dismissed and there will be no public record of it if they successfully complete probation.