Showing posts with label Drugs. Show all posts
Showing posts with label Drugs. Show all posts

Friday, July 12, 2013

Michigan Marihuana Lawyer, Josh Jones - Controlled Substance Classifications Outlined


Controlled Substances And Their Classifications Explained, Kind Of
A controlled substance is “a drug, substance, or immediate precursor that is included in schedules 1 to 5.” MCL § 333.7104. The Board of Pharmacy determines which drugs, substances, and immediate precursors are assigned to each of the schedules. As set forth in MCL § 333.7202, the following factors are to be used by the Board of Pharmacy in determining a controlled substance’s placement on one of the five schedules:
1.     The drug’s actual or relative potential for abuse.

2.     If known, the scientific evidence of the drug’s pharmacological effect.
3.     The state of current scientific knowledge about the drug.
4.     The historical and contemporary patterns of the drug’s abuse.
5.     The scope, duration, and significance of the drug’s abuse.
6.     The public health risk related to the drug.
7.     The drug’s potential for producing psychic or physiological dependence liability.
8.     Whether the drug is an immediate precursor of another drug already regulated under the Act.
Schedule 1 Outlined:
MCL § 333.7211, requires that controlled substance classified as schedule 1 drug must have a high potential for abuse and either:
1.     has no accepted medical use in treatment in the United States, or
2.     lacks accepted safety for use in treatment under medical supervision, and it includes marijuana, opiates and opium derivatives (e.g., heroin), hallucinogenics (e.g., LSD, peyote, mescaline, and psilocybin), synthetic equivalents of the substance found in marijuana, MDMA (ecstasy), BZP, naphyrone (“rave”), mephedrone, methylenedioxypyrovalerone (“bath salts”), and other related substances.
Note: 11carboxyTHC, “a byproduct of metabolism created when the body breaks down the psychoactive ingredient of marijuana,” is not a schedule 1 controlled substance because it fails to meet the requirements of a schedule 1 controlled substance under MCL § 333.7212. See also People v Feezel.
Schedule 2 

MCL § 333.7213 explains that a substance classified as a schedule 2 drug must meet the following requirements:
1.     its potential for abuse is high,
2.     it has currently accepted medical use in treatment in the United States or it has currently accepted medical use with severe restrictions, and 

3.     its abuse could lead to severe psychic or physical dependence. 

Schedule 2 drugs include opium and opiate and their derivatives (e.g., codeine, morphine, methadone, hydrocodone, and oxycodone), coca leaves and derivatives (cocaine and cocainerelated substances), amphetamines, any substance containing methamphetamine, and central nervous system depressants (e.g., methaqualone and secobarbital). 

Schedule 3
MCL § 333.7215, classifies a substance as a schedule 3 drug if it meets all of the following requirements:
1.     it has less potential for abuse than the substances in schedules 1 and 2,
2.     it has currently accepted medical use in treatment in the United States, and
3.     its abuse could lead to moderate or low physical dependence or high psychological dependence. 

Schedule 3 substances include certain stimulants and depressants, and materials, compounds, mixtures, or preparations containing limited quantities of certain listed narcotic drugs, which can be found in MCL § 333.7216.
Schedule 4 and 5 decrease in the amount of abuse that can be found with using the substances listed. The chemical compounds and substances on these lists are determined by MCL § 333.7218 and MCL § 333.7220
DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

Thursday, July 11, 2013

Constructive Possession Explained - Michigan Marihuana Lawyer, Josh Jones - July 11, 2013


Constructive Possession - It Applies To All Sorts Of Items

The extension of possession without actually having possession is known as constructive possession. This means that an individual can be charged with a possession crime even though he or she may not actually and physically possess the criminal item or thing. 

Constructive possession can only occur if the individual being charged has control or dominion over the thing in question. Meaning, for example, and individual who owns and holds the only key to a security box would always have constructive possession over it. Therefore, if contraband were found inside the box then the owner could be charged for the contraband because he would be the only individual who could access or control what goes in and out of the box. However, there must still be proof shown that the individual owner knew of the contents or existence.

The theories of possession, and thus constructive possession, vary according to statute and the particular item of contraband in question. For example, a conviction for felony-firearm under Michigan law requires knowledge of the firearm and the firearm being reasonably accessible to the defendant. However, for a controlled substance charged, an individual can or could be convicted of a possession charge simply by having it in his house, if he were the sole owner and knew of the substance.

So in the end, constructive possession cases that bring about criminal possession charges will be case-by-case dealings. They will revolve around the circumstances of each individual’s case.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

Monday, July 8, 2013

Michigan Marihuana Lawyer - Controlled Substance Crimes - Section 7411 Delay


MCLA 333.7411 POSSESSION OF MARIJUANA
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.7411 Probation of individual with no previous conviction; entering adjudication of guilt upon violation of probation; discharge and dismissal without adjudication of guilt; nonpublic record of arrest and discharge and dismissal; effect of civil fine for first violation; requiring individual to attend course of instruction or rehabilitation program; failure to complete instruction or program as violation of probation; screening and assessment; participation in rehabilitative programs; payment of costs; failure to complete program as violation of probation.
Sec. 7411.
(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in subsection (2)(b), is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.
(2) The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:
(a) To a court, police agency, or office of a prosecuting attorney upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance, or an imitation controlled substance as defined in section 7341, covered in this article has already once utilized this section.
(b) To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.
(c) To the state department of corrections, a law enforcement agency, a court, or the office of a prosecuting attorney upon request of the department, law enforcement agency, court, or office of a prosecuting attorney, subject to all of the following conditions:
(i) At the time of the request, the individual is an employee of the department, law enforcement agency, court, or office of prosecuting attorney or an applicant for employment with the department, law enforcement agency, court, or office of prosecuting attorney.
(ii) If the individual is an employee of the department, law enforcement agency, court, or prosecuting attorney, the date on which the court placed the individual on probation occurred after March 25, 2002.
(iii) The record shall be used by the department of corrections, law enforcement agency, court, or prosecuting attorney only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.
(3) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.
(4) Except as provided in subsection (5), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.
(5) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.
PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

Friday, June 28, 2013

Open Intoxicants - MCL 257.624a - Josh Jones - Michigan Criminal & Marihuana Lawyer - ALL FELONIES & MISDEMEANORS


Open Intoxicants – Open Alcohol In A Motor Vehicle

Did you know that if you are in a vehicle that is upon a highway or otherwise open to the general public or generally accessible to motor vehicles you are not allowed to have an open container of alcohol? This applies to an individual driving or simply a passenger of the vehicle. See MCL § 257.624a.

The rule states that individuals are “not allowed to not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle.” MCL § 257.624a(1). The passenger area of a vehicle has been defined as: “the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.” MCL § 257.624a(5)(d).

If an individual is convicted of this crime for a first time he or she will receive two (2) points on his or her drivers license. Also, a misdemeanor will be placed on the individual’s record. Moreover, if an individual is convicted of the crime two (2) times within 7-years then he or she will receive a 30-day suspension followed by 60-days of having a restricted license. An individual convicted three (3) will receive a 60-day suspension with a 305-day restricted.

It is imperative to know what happens to your license when you plead guilty to or are convicted of an alcohol or drug crime. An individual may also have to perform community service and undergo substance abuse counseling at the direction of the court.

What’s more important is knowing that your past criminal history, if involving alcohol or drugs, will only bring about more licensing issues and stiffer requirements while on probation. Other crimes can too have an impact on when you can drive again.

Contact a criminal defense attorney immediately if you are involved in any kind of criminal action. Who has you back? Josh Jones.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

Wednesday, June 12, 2013

Controlled Substance Conviction Consequences - Part 2 - Michigan Criminal & Marihuana Lawyer - Josh Jones - ALL Felonies & Misdemeanors


Part II – Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits

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 the 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 housing or public benefits.

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

1.    Housing

a.     Private landlords

Private landlords may evict an individual for criminal activity related to the tenancy, which is common in drug cases. Furthermore, private landlords may also deny housing because of a criminal record. A lease or agreement between two individuals is a contract, and thus the terms in that contract are binding, which usually involves provisions about drug activity, use or the like.

b.     Conventional public housing and section 8 subsidies:
   
   Admission to programs: Relevant Authority: 24 CFR Subpart B - Admission
There is a mandatory denial of housing for individuals convicted of methamphetamine production. There is a presumption for denial is an individual has been convicted of a drug crime, which includes a family member engaging in illegal drug use. Moreover, there is a discretionary denial for any drug-related criminal activity, and thus an applicant may be required to exclude a family member who has participated in or has been culpable for criminal, alcohol, or drug-related activity.

Termination or eviction: Relevant Authority: 42 USC 1437d; 24 CFR 966.4
Mandatory termination is required for individuals convicted of methamphetamine production. However, there is discretionary termination for individuals engaged in illegal drug use. Discretionary termination is present when a tenant, a member of the tenant’s household, or a guest engages in any drug-related criminal activity on or off the premises or if any other person under the tenant’s control engages in any drug-related activity on the premises. Public Housing Authorities have the authority to evict individuals for drug-related criminal activity even if the tenant did not know, could not foresee, or could not control the behavior of other occupants or guests.

2.     Public benefits: Relevant Authority: 21 USC 862a BEM 203
Permanent revocation for an individual convicted of a drug-related felony, and thus he or she cannot receive federal cash assistance or food stamps during his or her lifetime. States are allowed to opt into or out-of that provision. In Michigan, individuals with one prior felony drug conviction will remain eligible for benefits; however, those with more than one felony drug conviction, which occurred after 1996, are not. However certain benefits will be excluded from the ban, which include, but are not limited to, emergency medical services, certain public health benefits, drug treatment programs, Medicaid, Social Security disability, and supplemental Social Security income. If considering moving to another state and having prior felony drug convictions research is advised because other states do enforce the ban described above.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.