(586) 243-4140
    Law Offices ofScott E. Rabaut
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    Drug Crimes

    From simple possession to delivery and manufacturing — your record, your freedom, and your future depend on the right defense.

    A drug charge in Michigan can mean jail or prison, fines, a criminal record, and driver’s license consequences. What happens next depends on the substance, the weight, your history, and how your case is defended from day one. Scott knows Michigan’s Public Health Code and fights for dismissals, deferrals, and reductions when the facts and the law allow.

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    Understanding the Charge

    Drug crimes in Michigan are governed primarily by MCL 333.7401 (delivery and manufacturing) and MCL 333.7403 (possession), within the Michigan Public Health Code.

    Charges are categorized by the controlled substance schedule. Schedule I and II substances generally carry the highest penalties — including heroin, cocaine, methamphetamine, and fentanyl.

    Common charges Scott defends include simple possession, possession with intent to deliver (PWID), delivery, manufacturing, maintaining a drug house, and drug paraphernalia.

    Marijuana possession in Michigan is largely decriminalized for adults under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), but charges still apply for distribution to minors, possession over legal limits, and operating a vehicle under the influence of marijuana. Drugged driving is often pursued as Operating With Any Presence of a Schedule 1 or 2 Controlled Substance (OWPD), which overlaps with OWI / DUI and OWPD defense.

    Scott has defended drug cases across Macomb, Oakland, Wayne, St. Clair, and Lapeer counties — including the 41A District Court in Sterling Heights and Shelby Township, 41B District Court in Clinton Township, and the 16th Circuit Court in Mt. Clemens for felony-level drug prosecutions.

    Call Now — (586) 243-4140

    Free initial consultation — ask questions and learn your options before you commit to anything.

    Potential Penalties

    OffensePenalty
    Possession of marijuana (over legal limit, adult)Civil infraction or misdemeanor depending on amount
    Possession of Schedule 5 (e.g., cough syrup with codeine)Up to 1 year imprisonment, $2,000 fine
    Possession of Schedule 4 (e.g., Xanax, Valium without prescription)Up to 2 years imprisonment, $2,000 fine
    Possession of Schedule 1–2 narcotic under 25 grams (cocaine, heroin)Up to 4 years imprisonment, $25,000 fine
    Possession of Schedule 1–2 narcotic, 25–449 gramsUp to 20 years imprisonment, $250,000 fine
    Possession with intent to deliver / delivery (under 50 grams, Schedule 1–2 narcotic)Up to 20 years imprisonment, $25,000 fine
    Manufacturing / delivery, 50–449 grams (Schedule 1–2)Up to 20 years imprisonment, $250,000 fine
    Manufacturing / delivery, 1,000+ grams (Schedule 1–2)Up to life imprisonment, $1,000,000 fine
    Maintaining a drug houseUp to 2 years imprisonment, $25,000 fine

    Source: Michigan Public Health Code, MCL 333.7401–333.7403. Penalties summarized here vary by quantity, schedule, prior record, and charging decisions. The exact exposure in your case depends on the specific substance, weight, and your criminal history.

    Facing These Penalties? Call Now — (586) 243-4140

    Free initial consultation — get clear guidance on what you are up against and what to do next.

    Why Hire Scott for This Case

    • ✓Has handled hundreds of drug-related cases across Southeast Michigan
    • ✓Understands Section 7411 deferrals — Michigan’s first-offender program that can result in dismissal and no public conviction record for eligible possession cases
    • ✓Experienced with motions to suppress evidence when traffic stops, searches, or warrants raise Fourth Amendment issues
    • ✓Defends both state and federal drug charges in the U.S. District Court for the Eastern District of Michigan
    • ✓Handles charges involving Schedule I, II, III, IV, and V substances — from marijuana over-limit cases to fentanyl, cocaine, and methamphetamine
    • ✓Flat fee pricing — you know the cost before you commit
    • ✓Background with the Macomb County Prosecutor’s Office provides insight into how drug cases are charged and where they can be challenged
    Call Now — (586) 243-4140

    Free initial consultation — speak with Scott about strategy and next steps at no upfront cost.

    Frequently Asked Questions

    Section 7411 is a Michigan statute (MCL 333.7411) that allows some first-time drug offenders to receive deferred adjudication. If you complete probation successfully, the case can be dismissed without a public conviction record. Eligibility is limited — for example, it generally does not apply to delivery or manufacturing. Scott regularly pursues Section 7411 outcomes for eligible clients charged with possession.

    Yes. Michigan recognizes constructive possession — drugs found in a vehicle, home, or area you control can lead to charges even if someone else owned them. Scott routinely challenges ownership, knowledge, and constructive possession theories.

    Simple possession means the drugs were for personal use. Possession with intent to deliver (PWID) is charged when quantity, packaging, scales, cash, or other facts suggest distribution. PWID can carry dramatically higher penalties — for example, up to 20 years versus up to 4 years for simple possession of some Schedule 1–2 narcotics under certain weights.

    Many professional licenses — medical, nursing, legal, real estate, CDL — require disclosure of drug convictions and may lead to suspension or revocation. Scott works to limit that exposure, including by seeking dismissals, deferrals, or reduced charges that may avoid automatic licensing consequences, depending on the board and the offense.

    Often, yes. The Fourth Amendment limits unreasonable searches and seizures. If police lacked probable cause for a stop, searched without a valid warrant or recognized exception, or violated procedure, evidence may be suppressed. Without that evidence, charges are sometimes dismissed or substantially weakened.

    Yes, in specific circumstances. Adults 21 and older may possess limited amounts under MRTMA, but charges can still arise for possession over legal limits (for example, more than 2.5 ounces outside the home or more than 10 ounces at home), unlicensed distribution, distribution to minors, operating a vehicle under the influence, and conduct that falls under federal jurisdiction.

    Federal prosecutions in the U.S. District Court for the Eastern District of Michigan can carry mandatory minimums and severe penalties. Scott is admitted to practice in federal court and defends federal drug cases.

    In many situations, yes. Under Michigan’s Clean Slate Act, several drug convictions may become eligible for expungement after a waiting period. Section 7411 avoids a public conviction when successfully completed. Scott assists with expungement petitions as well as Section 7411 where appropriate.

    The Right Move Is the One You Make Right Now.

    Every day that passes without the right attorney in your corner is a day the other side uses to build their case.

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    (586) 243-4140

    Law Offices of Scott E. Rabaut

    38600 Van Dyke Ave., Suite 200
    Sterling Heights, MI 48312

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