Dec 25, 2018

by Justin Van Den Heuvel

Drug use in America is increasing according to statistics from the Substance Abuse and Mental Health Services Administration. Since 2017, 30.6 million people in the U.S. age 12 and over have used an illegal drug of some kind. To take the statistics even further, they broke their study down by state and what they found out about Michigan was startling.

According to the study, 20.8 % of drug offenses in Michigan are related to heroin, a dangerous illegal drug that is also prevalent in Ohio and Wisconsin. The most common drug-related offenses nationwide are related to methamphetamines. Only two states, New Mexico and Arizona, reported marijuana as the most common drug-related offenses.

Out of all the drug-related charges in Michigan, the average prison time served is 77 months, and 95.3% of people charged with a drug-related offense take a plea deal.

Heroin Use Prohibited by Law

Both state and federal laws prohibit the sale and possession of heroin and other opiate drugs. Although first-time offenders in Michigan will likely only get probation and a minor fine for having possession of the drug, the charge can also lead to felony charges that result in large fines and prison time if convicted. This means that you need an experienced criminal defense attorneys on your side.

Possession of heroin without a prescription is banned by Michigan laws and is considered a felony. The laws also prevent the creation, manufacture, or delivery of heroin or the possession of heroin with the intent to create, manufacture, or deliver the drug. Medical practitioners licensed in Michigan may not prescribe, dispense, or administer heroin for any reason other than those purposes that are recognized within the scope of their medical practice.

Punishment for Heroin Offenses

Anyone who is charged with simple possession of heroin may receive a sentence that has been reduced if it is a first offense. The judge will have the discretion to sentence the defendant with drug rehabilitation or probation in lieu of prison time. If a prison sentence is in order, the length of the sentence will be based upon how much heroin was in the defendant’s possession. The jail time for possession of less than 50 grams can be up to four years and a fine of up to $25,000.

Punishment for possession of heroin with the intent to distribute or sell the drug is also based on how much heroin was found in the defendant’s possession. The sentence for up to 50 grams of heroin may include up to 20 years in prison and a fine of up to $25,000. Sale of heroin near a school can double those penalties.

Contact an Experienced Michigan Criminal Defense Attorney

With such stiff penalties for possession of heroin, it is easy to see why you need an experienced criminal defense attorney on your side. The attorneys at the Van Den Heuvel Law Office will review your case and create the best possible defense for you. Contact our office today to schedule a consultation.