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What does Michigan law state about possession of marijuana?

On Behalf of | Dec 31, 2019 | Criminal Defense

If the Michigan state prosecutor charges you with possession of marijuana, you’re looking at one year in the county jail and a fine of up to $2000. Even on a city case, you’re still looking at up to 93 days in jail and a $500 fine plus costs. And on top of that, there’s collateral consequences. According to NORML, even if you weren’t driving at the time in or even near a car, a conviction for possession of drugs or possession of marijuana will result in six months of driving.

Under federal law, 20 U. S. C. Section 1091, you will lose your ability to get federal student aid for one year for a drug or marijuana conviction. Remember, the police always have to have a legal reason to pull you. If the police pull you over or stop you illegally, then any evidence they find from the result of that stop must be suppressed.

Police also have to have a legal reason to search. You have to have a warrant or they have to have consent in order to search you. So if they’re on a fishing expedition and they ask you, is there any marijuana in the vehicle, or do you have any marijuana on you? If you say yes, you’ve now given the officer legal reason to search you, your car or your belongings. Make sure that you don’t give the officer consent to search. The answer should be you do not consent to any searches, just like with an illegal stop in illegal search is a violation of your Fourth Amendment right against illegal search and seizure.

This is not legal advice.