Possession of Analogues

Analogue drugs are drugs that are chemically similar to illegal narcotic drugs but are available with a valid prescription. Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan.

MCL 333. 7403 provides that a violation of this section as to a controlled substance classified as an analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

Don’t Settle for a Felony Record!

A person that is convicted of a felony cannot own or possess firearms, is forbidden to obtain certain licenses, and likely to experience many other lifetime setbacks. Don’t settle for a felony conviction when you can hire a law firm that has had more felonies dismissed than any other law firm in Macomb County.

Contact ABDO LAW for a FREE CONFIDENTIAL CONSULTATION if you find yourself facing any criminal matter. Metro Detroit: 586-412-5555

DISMISSAL of Analogue Drug Crimes

All drug crimes that involve “possession” are eligible for dismissal pursuant the following Michigan laws:

• Youthful Offenders/HYTA: The Holmes Youthful Trainee Act (HYTA) gives youthful offenders a golden opportunity to get most misdemeanor or felony matters sealed and dismissed.
• First Time Drug Offenders/7411: MCL 333.7411, or 7411, can be used once in a person’s lifetime to get a misdemeanor or felony drug crime sealed and dismissed.
• Deferral and Dismissal: Upon consent by the prosecutor and the Judge, a criminal case can be deferred and dismissed after a period of probation pursuant to MCL 771.1.

Felony drug crimes, including drug crimes that involve delivery, can also be dismissed pursuant to certain provisions of law. However, when a person is not eligible to utilize a special provision of law to get a dismissal of a felony, we can always fight to get a felony drug crime reduced to a misdemeanor.

Legal Possession: Does not Require Ownership or Actual Possession

In criminal matters, “possession” is broadly defined. Possession does not require ownership. The legal definition of possession covers actual physical possession and “constructive” possession. A person is in constructive possession of something that is within his or her control. Something, such as drugs, can be within a person’s control if it is inside a locked glovebox, a storage locker or in a personal dresser drawer.

Defenses to Criminal “Possession” Charges

You may be a victim of circumstances if you are charged with “possession of drugs” which can lead to a dismissal or finding of “not guilty” by asserting the following defenses:

• Lack of Knowledge: Lack of knowledge of the presence of an illegal object is a defense to a criminal charge which requires the element of possession. However, forgetting that you had something in your possession is not the same as lack of knowledge.
• Mere Presence: Being “merely present” in relation to a crime is not sufficient to convict a person of committing a crime. Therefore, a person cannot be convicted of a crime unless it can be proven beyond a reasonable that the person actually participated in the crime (aided or abetted). However, various roles in a criminal case, such as being the driver of a vehicle engaged in illegal activities or acting as a lookout person, constitute sufficient participation to support a conviction as an aider and abettor or co-conspirator.

Substance Abuse Problems

There is a crisis in the United States involving the use of legal (prescribed drugs such as Adderall, Xanax, Norco) and illegal drugs (heroin, cocaine, fentanyl, ecstasy, methamphetamine). The Center for Disease Control says that the drug overdose epidemic continues to worsen in the United States. Overdose deaths remain a leading cause of injury-related death in the United States. The majority of overdose deaths involve opioids. Deaths involving synthetic opioids (largely illicitly made fentanyl) and stimulants (such as cocaine and methamphetamine) have increased in recent years. In addition, overdose deaths accelerated during the COVID-19 pandemic.

Our job in representing a person charged with a drug crime is a combination of making recommendations for appropriate substance abuse treatment program(s) and getting the best result in the court system. We have found that being proactive with a substance abuse treatment plan can help save a life and have a positive impact on the final disposition of a criminal drug case.

Drug Delivery or Trafficking

All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. Delivery of analogues is a felony that can carry up to 7 years in prison and a fine of not more than $10,000.00, or both. A person convicted of drug delivery or trafficking is not eligible for MCL 333.7411 unless the charge is reduced to possession. Contact our lawyers to find out if you are eligible to get your criminal charges reduced and get your case dismissed under MCL 333.7411.

Metro Detroit’s Best Drug Crime Lawyers

Contact ABDO LAW immediately if you are being investigated or charged with any Michigan drug crime in the counties of Macomb, Oakland, Wayne, or St. Clair. Let our highly rated team of criminal defense lawyers manage your drug case from A to Z to get your seized property returned and the best resolution possible. If you have a drug problem, we will ask the court for a rehabilitative disposition. We have also successfully managed cases favorably for repeat offenders and habitual offenders. If you are confronted by the police or facing criminal charges, avoid making costly mistakes and know your rights:

• Do not talk to the police without a lawyer.
• Do not agree to be a snitch (cooperation with police).
• Do not consent to a search of your residence or vehicle.
• Never go to court without a lawyer because the judge, prosecutor and court clerks will not give you legal advice.
• Assemble the best professional team of specialists available if you or a loved one has a substance abuse problem.

CALL Abdo Law for a FREE CONSULTATION. Do not hesitate to consult with our Macomb County drug crime lawyers for immediate answers to your most pressing questions and a same day appointment or jail visit if necessary. Phone messages after business hours are forwarded to our attorneys 7/24/365. Payment plans and all credit cards accepted.

CALL: Metro Detroit: 586-412-5555