Cocaine is a schedule II substance in Michigan. Although cocaine is a schedule II substance, the law singles cocaine out for treatment as if it were a schedule I substance in terms of potential penalties.
Here is a list of the laws related to possession, use, sale, and driving for cocaine.
Possession of cocaine under 25 grams, or between 25 grams and 50 is a felony, punishable by up to 4 years imprisonment, a $25,000.00 fine, or both.
Although the penalties for cocaine possession under 25 grams and between 25 and 50 grams is the same, only cocaine possession under 25 grams is a a crime eligible for 7411 treatment. The 7411 law is described more fully below.
The potential penalties for cocaine possession increase when the amount in possession is increased.
Possession of cocaine in an amount between 450 grams and 1,000 grams is a felony, punishable by up to 30 years imprisonment, a $500,000 fine, or both.
Possession of cocaine in an amount of 1,000 grams is a felony, punishable by up to life in prison or prison for any number of years. MCL 333.7403.
The use of cocaine is a misdemeanor, punishable by up to 1 year in jail, a $1,000.00 fine, or both. MCL 333.7401.
Selling Cocaine or Possession with Intent to Sell Cocaine
The potential penalties for cocaine sales depend on the amount of cocaine charged in the offense:
- Under 50 is a felony, punishable by up to 4 years imprisonment, a $25,000.00 fine, or both.
- Between 50 grams and 450 grams is a felony, punishable by up to 20 years imprisonment, a $250,000 fine, or both.
- Between 450 grams and 1,000 grams is a felony, punishable by up to 30 years imprisonment, a $500,000 fine, or both.
- Over 1,000 grams is punishable by up to life imprisonment or any term of years, a $1,000,000, or both. MCL 333.7401.
Operating Under the Influence of Cocaine
Any amount of cocaine in your system could lead to a charge of operating while under the presence of a schedule I substance or cocaine.
The law is harsh in that there does not need to be any impaired driving, nor do you need to actually be under the influence of cocaine. All that is sufficient for a conviction is “any amount” of cocaine in the system.
Operating with cocaine is a misdemeanor, punishable by up to 93 days in jail, fines and costs, or probation. The penalties increase for second and subsequent offenses. MCL 257.625(8).
What is 7411?
7411 is a statute that allows first-time drug use and possession offenders to keep a conviction off their record. 7411 means a person will be put on probation and a conviction will remain non-public so long as probation is successful. The judge has the sole discretion of whether to allow 7411, which can come after a guilty plea or after a finding of guilt at trial. MCL 333.7411.
Have You Been Charged with a Cocaine Crime?
ArborYpsi Law can help. We have experience representing people on a spectrum of drug crimes. Whether you’re looking to take responsibility or challenge by trial we can help. Call today and we will set up a free initial consultation in which we can explain the law and what to expect.
Sam Bernstein is an Ann Arbor and Ypsilanti Criminal Defense Lawyer.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.