Possession of Marijuana
This is a fairly common offense, and nets people from ages 18 to their mid-60’s. Although most people who call my office about a Possession of Marijuana charge have no prior drug record, a number of people call with a prior marijuana or other drug crime in their past.
Whatever your thoughts about marijuana, one thing is sure; when you are charged with this offense and it sinks in that it is a criminal drug offense that can go on your record, and that it will cause your driver’s license to be suspended for a “drug crime,” it doesn’t seem so minor, after all.
For those with no prior drug record, there is good news. Most of the time, with a little effort and hard work, it can be handled in a way so that the whole thing can be kept off your record, there will be no “drug crime” reported to the Secretary of State, and your license will not be suspended. This is commonly referred to as a “section 7411,” which refers to the specific Michigan law listed under MCL 333.7411. Click here for the exact law in the Michigan Legislature’s official website. This means that when you apply for a job, you can safely say you have no conviction, at least for this offense.
For those with a prior drug record and who cannot realistically find a way to beat the charge, the concern really shifts to damage control and avoiding jail. Again, some effort and hard work here can really pay off, and in almost all cases, if things are done right, jail can be avoided.
There are certain things common to either scenario:
- You will almost always be placed on reporting probation, and be drug-tested as a requirement of that probation.
- The length of probation and whether or not you attend a class or series of classes depends on which court handles your case.
- You will pay fines and costs, ranging from about $300 to nearly $1000 (or even more in a second-offense case), depending again on which court handles your case.
Again, much of what is involved in handling these cases depends upon knowing the court, and what its procedures are regarding these offenses. In certain cases, the whole matter can be wrapped up in one court appearance, and in others, probably the majority of cases, two court appearances are necessary.