Controlled Substance Conviction Consequences - Part 1 - Michigan Criminal & Marihuana Lawyer - Josh Jones - ALL Felonies & Misdemeanors

Part I – Collateral Consequences For Controlled Substance Convictions: Employment & Student Loans

When it comes to controlled substance (or drug) charges here in the State of Michigan, the legislature has drafted a strict set of consequences to inflict onto those convicted of these various types of crimes. Not only are there fines, possible jail time, possible drivers’ license sanctions, and other requirements when convicted of a drug crime, but there are also possible consequences that involve an individual’s career, financial aid or other areas of an individual's life (which will be discussed in Part II - Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits).

The following areas involve possible consequences, and each provides a brief outline of those consequences.

1.     Employment

Health professionals: Relevant Authority: MCL §333.16221(b); Mich. Admin. Code R. 338.3145. A summary suspension of the license will occur if an individual is convicted of a misdemeanor controlled substance crimes involving delivery, possession or use. Individuals previously convicted of a controlled substance crime and currently under a sentence for that conviction cannot work as pharmacists or in related jobs. Moreover, an individual’s controlled substance license would be invalid if suspended, revoked or denied because of a drug crime conviction.

Long-Term Care (adult foster care facilities, nursing homes, hospices, etc.): Relevant Authority: 42 USC 1320a-7; MCL § 330.1134a, MCL § 333.20173a, MCL § 333.20173b. If an individual is convicted of a felony relating to manufacturing, distributing, prescribing, or dispensing of a controlled substance after August 21, 1996, then a lifetime ban in the field will attach to that individual. An individual is banned for five years after the conviction for certain misdemeanor controlled substance offenses, which are listed in the statute, and involve the creation, delivery, possession, or use of a controlled substance. An individual under the age of 18 generally receives a one-year suspension from the date of conviction for most misdemeanor controlled substance offenses. 

Private Security, Security Guard, Security Alarm Contractor: Relevant Authority: MCL § 338.1056(1)(e), MCL § 338.1060(1)(c), MCL § 338.1067. An individual is not allowed to have a conviction involving a controlled substance within the last five years, which includes felonies and/or misdemeanors. Therefore, a 5-year gap rule applies.

2. Federal student loans: Relevant Authority: 20 USC 1091(r)(1) IRC 25A(b)(2)(D). The Federal law suspends an individual’s eligibility for any grants, loans, or work assistance when he or she is convicted (either by state or federal) of a controlled substance that involves the possession or sale of a controlled substance and while receiving student aid. Furthermore, Federal law denies the hope tax credit to a student and his or her family if he or she has a prior felony drug conviction. In possession cases, the period of suspension begins on the date of conviction and will last one-year. There is an enhanced suspension of two years for a second possession offense and complete revocation for a third offense. A delivery drug conviction brings about a two-year suspension for the first conviction and complete revocation for a second conviction. However, there are waiver or rehabilitation provisions that are available to some individuals.

Please stay tuned and look for PartII - Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits. 

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