Drug Possession
MCL 333.7403 — the schedule and the amount set the charge
Knowingly or intentionally possessing a controlled substance is an offense unless it was obtained under a valid prescription or practitioner's order, or is otherwise authorized. Marijuana has its own rules for adults 21 and over, on the Marijuana And Drugs page.
| What was possessed | The maximum |
|---|---|
| What was possessedA schedule 1 or 2 narcotic, or a drug the section names by reference, under 50 grams | The maximumA felony: 4 years, $25,000, or both |
| What was possessedThe same, 50 grams or more but under 450 | The maximumA felony: 20 years, $250,000, or both |
| What was possessedThe same, 450 grams or more but under 1,000 | The maximumA felony: 30 years, $500,000, or both |
| What was possessedThe same, 1,000 grams or more | The maximumA felony: life or any term of years, $1,000,000, or both |
| What was possessedMost other schedule 1 through 4 substances | The maximumA felony: 2 years, $2,000, or both |
| What was possessedLysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn or psilocybin, or a schedule 5 substance | The maximumA misdemeanor: 1 year, $2,000, or both |
| What was possessedA prescription form | The maximumA misdemeanor: 1 year, $1,000, or both |
Calling for help with an overdose. A person who seeks medical help for their own overdose or drug related emergency, or is brought for help while incapacitated, is not in violation of this section for an amount only for personal use, where the evidence came from seeking that help. The same holds for someone who in good faith seeks help for another person or goes with them. It does not prevent an arrest or charge for any other offense.
Section 7453 makes it an offense to sell or offer to sell drug paraphernalia knowing it will be used with a controlled substance. Before an arrest the attorney general or a prosecutor has to give written notice at least 2 business days ahead, and a seller who complies has a complete defense while compliance continues. A violation carries up to 90 days, a fine of up to $5,000, or both, and up to 1 year and $7,500 for a person 18 or older selling to someone under 18.
Which drugs sit in which schedule is set out in other sections of the code. Local ordinances are not covered here.
Sources for this section (5)
- MCL 333.7403 — Possession of a controlled substance
- MCL 333.7453 — Selling drug paraphernalia
- MCL 333.27955 — Lawful marijuana activities for a person 21 or older
- MCL 333.7451 — Drug paraphernalia defined
- MCL 333.7455 — Penalties for selling drug paraphernalia
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.