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Michigan Drug Cultivation and Manufacturing Laws

Created by FindLaw's team of legal writers and editors | Last updated February 12, 2018

The laws that regulate drugs are in constant flux, making it difficult to know what behavior is unlawful. Although Michigan is a state that allows medicinal use of marijuana, it's illegal to cultivate it. Michigan law also prohibits the manufacturing of drugs or possession of drugs with the intent to deliver, create, or manufacture them. This applies to various drugs and controlled substances such as heroin, methamphetamines, among others, and in various forms including prescription or counterfeit prescription drugs.

Like most states, Michigan has a "schedule" of drugs that is used to determine penalties and sentencing. If you're charged with violating Michigan's drug cultivation and manufacturing laws, then your punishment will depend on the drug involved and the amount of the drug.

Michigan Drug Cultivation and Manufacturing Laws at a Glance

The chart below provides a summary of statutes related to Michigan's drug cultivation and manufacturing laws, including links to important code sections.

Statutes
  • Michigan Compiled Laws 333.7401 (Drug manufacturing statute)
  • Michigan Compiled Laws 333.7212,14,16, 18, 20 (Controlled substances schedules)

Penalties and Sentencing

Marijuana:

  • 45 kilograms or more or 200 plants or more: Felony, punishable by imprisonment of up to 15 years, and/or a maximum fine of $10,000,000.
  • 5 kilograms or more, but less than 45, or 20 plants or more, but fewer than 200 plants: Felony, punishable by imprisonment up to 7 years and/or a fine up to $500,000.
  • Less than 5 kilograms or fewer than 20 plants: Felony, punishable by imprisonment up to 4 years and/or a fine not to exceed $20,000.

Controlled substance schedule 1 or 2 (narcotics):

  • 1000 grams or more, of any mixture containing that substance: Felony, punishable by a maximum of life imprisonment, and/or a fine not to exceed $1,000,000.
  • 450 grams or more, less than 1000 grams, of any mixture containing that substance: Felony, punishable by a maximum 30 years jail time and/or a fine up to $250,000.
  • 50 grams or more, less than 450 grams: Felony, punishable by up to 20 years in prison and/or a fine not to exceed $250,000.
  • Less than 50 grams: Felony, punishable by up to 20 years imprisonment and/or a fine of not more than $25,000.

Controlled substance schedule 1, 2, 3, (non narcotics, not marijuana):

  • Felony, punishable by up to 7 years in prison and/or a fine of not more than $10,000.

Schedule 5: Felony, punishable by imprisonment for not more than 2 years and/or a fine not to exceed $2,000.

Possible Defenses
  • Mistake of fact
  • Fourth Amendment violations

Related Offense
  • Drug possession: Michigan Compiled Laws 333.7403

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Michigan Drug Cultivation and Manufacturing Laws: Related Resources

Contact a Defense Attorney to Discuss Your Drug Case

Michigan's drug laws are very strict; if you're accused of violating them, then you're facing possible incarceration and/or costly fines. Anytime incarceration is a possibility, you should act in your best interest and consult with an experienced attorney who can put up a strategic defense on your behalf. Use FindLaw's directory to find one close to you.

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