An individual charged with a drug crime in Michigan (possession, delivery, manufacturing, possession with intent to deliver) may also face a charge known as Maintaining a Drug House whenever the drugs are associated with a residence or vehicle.
Definition of a Drug House: A Place or Vehicle Where Drugs are Used, Stored or Sold
Under Michigan law, MCL 333.7405(d) provides that a person “shall not knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances, or that is used for keeping or selling controlled substances in violation of this article.”
A person can be charged with maintaining a drug house if the drugs are kept anywhere the drugs can be kept, stored, or sold.
Penalties, Consecutive Sentencing, Double Penalty
The maximum penalty for the offense of Maintaining a Drug House is 2 years in prison and a fine of not more than $25,000.00, or both.
Consecutive Sentencing: Upon conviction of multiple drug crimes, Michigan drug laws require consecutive sentencing; as opposed to more favorable concurrent sentencing. This means that a person convicted of both Delivery of Marijuana and Maintaining a Drug House would have to serve the sentence for Delivery of Marijuana before serving the sentence for Maintaining a Drug House.
Double Penalty: In addition to the consecutive sentencing provision of Michigan criminal drug laws, a person faces a double penalty upon a second conviction of a drug crime under the statute. For example, if a person is charged with new offense of Delivery of Marijuana (a felony punishable by 4 years in prison) and has a past conviction for any other drug crime, a conviction for the new offense of Delivery of Marijuana could carry up to 8 years in prison (double penalty).
The Law Office of Michael Komorn has over 20 years of experience in defending persons charged with Drug Offenses. Since the adoption of the Michigan Medical Marijuana Act, Michael Komorn has successfully defended dozens of patients and caregivers who have been charged under Michigan drug statutes. Don’t wait for charges to come, call the Law Office of Michael Komorn and receive the peace of mind knowing that you are entering the legal system with Michigan’s premier medical marijuana attorney.
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for the rights of medical marijuana patients and their caregivers. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.