Delivery of Marijuana

Michigan Drug Crimes Attorneys Protecting Your Rights

Possession of marijuana with the intent to deliver is a serious crime in Michigan. So is manufacturing or cultivating marijuana, which can be charged if a medical marijuana grow operation is not strictly in accordance with the Michigan Medical Marijuana Act.

Prosecutors will charge a caregiver with a few too many plants or usable marijuana with a felony despite the fact that the caregiver believed they were operating within the law. The MMMA requires each grower possess a number of plants that does not exceed what is permissible by the act that is locked in an enclosed facility with no other persons having access. If there are two caregivers in the house, each with five patients, each caregiver can have 60 (12 for each patient) plants which must be separated. The other caregiver cannot have access to anything but their own plants. Further, patients can have access to only their plants. If they had a key to their plants plus another patient’s, the act has not been complied with and the section 4 protections can be lost.

It is important to understand that delivery of marijuana simply means knowingly giving the marijuana to another person. It is not necessary that money or anything else is exchanged.

In the state of Michigan, the following are penalties for convictions:

  • Possession of fewer than 20 marijuana plants or less than 5 kg of marijuana is a 4-year felony with a fine up to $20,000.
  • Possession of between 20 and 200 marijuana plants or between 5 kg and 45 kg of marijuana is a 7-year felony with a fine up to $500,000.
  • Possession of over 200 marijuana plants or over 45kg of marijuana is a 15-year felony with a fine up to $10,000,000.

If you have been arrested for a delivery or possession with the intent to deliver marijuana offense, then you must retain a skilled drug crimes attorney in Michigan. Barton Morris is considered one of the top criminal defense attorneys in Michigan.

Call (248) 368-0038 to schedule a free consultation with our drug crimes attorneys in Michigan.

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