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Thursday, February 2, 2017

SMOKING YOUR OWN OR SHARING; MISDEMEANOR OR FELONY??

I cannot tell you how many police reports I have read that read something like this..."I was just taking this joint over to share with a friend" or "we were smoking a joint and then..." As soon as a cop hears this, what would have been charged as a misdemeanor "use" or "possession" just blew up into a FELONY delivery!! Have you ever had a friend of relative that injured him/herself and was in need of some pain relief? And, did that friend or relative at that time ask you if you had any leftover pain medication that he could have (e.g. Vicodin, Oxycodone, etc.)?? If the answer to these questions was "yes" and, if in fact you did, your "favor" made you guilty of delivering a controlled substance.

Penalties for these types of deliveries are punishable by State prison.

Smoking a joint of marihuana with someone else, or, just "giving" a joint to someone else is also considered a felony delivery. The act of delivery does not require that the transfer be one for money.

The drugs listed above, Vicodin and Oxycodone are "schedule one" drugs and therefore carry some of the most punitive sentences. When the discussion turns to marihuana, although this is also classified as a "schedule one" drug, it is believed that this drug is soon to be re-classified as it has been determined that marijuana does have medicinal benefits.

Regardless, delivery of marijuana is still a very serious crime {in my book, any felony charge is serious), and should not be taken lightly

The following is the graduated scale of the penalties as the quantity of marijuana goes up:

  • 99 pounds (45 kilograms) or more, or 200 plants or more - up to 15 years in prison, or, a fine of up to $10,000,000.00, or both.
  • 11 pounds (5 kilograms) or more, but less than 99 pounds, or, 20 plants or more but fewer than 200 - up to 7  years in prison, or, a fine of up to $500,000.00 or both.
  • less than 11 pounds, or fewer than 20 plants - up to 4 years in prison, or, a fine of up to $20,000.00 or both.

As you may have guessed by now, all drugs are categorized by schedules. Different schedules provide different penalties for delivering the drugs listed in each.

Being charged with delivery of any type of controlled substance is a very serious crime. Depending on the type of drugs involved and whether the area involved is having any type of epidemic concerning its use/sale, will dictate how the prosecutor approaches resolution. Sometimes prosecutors take a "no offer" position for public policy reasons (too many deaths due to heroin overdoses), thus making any favorable disposition that much more difficult to obtain.

When you retain the services of Martin T. Lievois, 25 years of handling these types of criminal matters gives you a favorable advantage. Many "resources" may be explored in order to improve the outcome or "disposition" of a case but you must know about them in the first place.

If you would like to visit our websitehttp://michiganlicenserestorationlawyer.com/flint-mi-troy-mi-criminal-defense-lawyer_pa16797.htm, you can find many other topics that may be of interest.

Or call in Flint, the law offices of Martin Lievois at 810-232-3223. 


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| Phone: 810-232-3223
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| Phone: 248-498-2525

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