Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Both federal and state laws prohibit the possession and sale of heroin, other opiates, and similar narcotics. While first-time offenders in Michigan may only get probation and a fine for simple possession, prosecution typically leads to a felony charge that carries a stiff prison sentence. Michigan heroin laws are relatively strict, with most offenses resulting in prison time upon conviction.
The following chart outlines Michigan's heroin laws, including information about penalties for various criminal offenses. See FindLaw's Drug Charges section and the links at the end of this article to learn more.
| Classification | Michigan Public Health Code section 333.7212 classifies heroin as a Schedule 1 controlled substance. |
| Prohibited Conduct | Possession of heroin without a valid prescription is a felony and banned under Michigan Public Health Code section 333.7403. A violation of Michigan Public Health Code section 333.7401 is also a felony. That code section prohibits the manufacture, creation, or delivery of heroin or the possession with the intent to manufacture, create or deliver heroin. A licensed medical professional may not dispense, prescribe, or administer heroin for any reason other than a legitimate and professionally recognized purpose within the scope of the professional’s medical practice. |
Possession of Heroin |
A defendant charged with simple possession may receive a reduced sentence for the first offense. The judge has the discretion to sentence the defendant to probation and/or drug rehabilitation in lieu of prison. If the judge orders a prison sentence, the length of the sentence depends on the amount of heroin in the defendant’s possession. The minimum sentence, for possessing over less than 50 grams, up to four years in prison and up to a $25,00 fine, or both. |
Sale (Possession with intent to distribute) |
Similarly, prison sentences for possession with the intent to distribute heroin, also known as the sale of heroin, vary based on the amount of heroin possessed. The minimum sentence, for possession of up to 50 grams, is up to twenty years in prison and up to a $25,000 fine, or both. Sale of heroin to minor or near school property: could result in up to double penalties. |
If you have been charged with a drug offense and are facing prosecution, you may want to contact a Michigan drug crimes attorney. Defendants who cannot afford to hire an attorney may be eligible for representation from the local office of the public defender.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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