Under Michigan law, a person commits a crime if they possess drugs with the intent to deliver, create, or manufacture a controlled substance. A violation of the PWID statute carries penalties that vary depending on the type and quantity of drugs possessed by a defendant.
Factors Influencing Sentence
The two most important factors influencing sentencing in a PWID case include the type and quantity of drugs involved. The PWID statute imposes longer sentences for more dangerous drugs to punish defendants who contribute to the spread of those dangerous drugs in the community. Similarly, larger quantities of drugs can lead to longer sentences to impose harsher penalties on defendants with larger drug distribution operations.
Other factors that can influence a court’s sentencing decision in a PWID case include:
• The defendant’s criminal record, including whether the record demonstrates a pattern of worsening behavior
• The defendant’s age, physical and mental health, education, and family history
• The effect of the defendant’s crime on any victims
• The defendant’s behavior while in custody
• The defendant’s acceptance of responsibility or expression of remorse
• The defendant’s potential for rehabilitation
Sentencing Guidelines in Michigan
The sentencing guidelines established in Michigan’s PWID statute include:
Schedule I or II narcotic drugs
• 1,000 grams or more: Life imprisonment or any term of years, a fine of up to $1 million, or both
• 450 grams or more but less than 1,000 grams: Up to 30 years in prison, a fine of up to $500,000, or both
• 50 grams or more but less than 450 grams: Up to 20 years in prison, a fine of up to $250,000, or both
• Less than 50 grams: Up to 20 years in prison, a fine of up to $25,000, or both
Marijuana
• 45 kilograms or more, or 200 plants or more: Up to 15 years in prison, a fine of up to $10 million, or both
• Five kilograms or more but less than 45 kilograms, or 20 plants or more but less than 200 plans: Up to seven years in prison, a fine of up to $500,000, or both
• Less than five kilograms or fewer than 20 plants: Up to four years in prison, a fine of up to $20,000, or both
Other sentencing guidelines include:
• Ecstasy, MDMA, or amphetamine: Up to 20 years in prison, a fine of up to $25,000, or both
• Any other controlled substance in Schedules I, II, or III: Up to seven years in prison, a fine of up to $10,000, or both
• Schedule IV drugs: Up to four years in prison, a fine of up to $2,000, or both
• Schedule V drugs: Up to two years in prison, a fine of up to $2,000, or both
Contact a Drug Defense Lawyer Today
If you’ve been arrested for possession of drugs with intent to distribute in Michigan, understanding your potential sentencing exposure can help you evaluate your legal options. Talk to drug defense attorney Jodi Hemingway to learn more about the Michigan sentencing guidelines for possession with intent to distribute. Contact us today for a confidential consultation with our team to discuss how we can help you protect your rights, reputation, and future.
