Drug Crime Defense Attorney in Flint, Michigan

A drug charge in Michigan can follow you for the rest of your life — affecting your job, your housing, and your freedom. Whether you're facing a first-time possession charge or a felony trafficking allegation, the decisions made in the first days after an arrest matter enormously. At CF Legal, we represent clients across Genesee County and mid-Michigan who need a defense attorney who understands both the law and how law enforcement operates.

The question we ask before anything else is whether the charge itself should stand. Drug cases frequently hinge on whether the search, stop, or seizure that produced the evidence was conducted lawfully. Attorney Rick Hetherington spent years in law enforcement before becoming a defense attorney — which means he knows exactly what police are required to do, and exactly when they don't do it.

What You're Up Against: Michigan Drug Charges and Penalties

Michigan drug law distinguishes between possession, delivery, and manufacturing or trafficking — and the penalties escalate sharply based on the substance involved, the quantity, and your prior record. Understanding the charge against you is the first step toward building a defense.

Drug Charges We Defend in Genesee County and Mid-Michigan

Michigan's Controlled Substances Act covers a wide range of offenses. The most common charges we handle include:

Drug Possession

Possession of a controlled substance — including heroin, cocaine, methamphetamine, fentanyl, and prescription drugs without a valid prescription — ranges from a misdemeanor to a felony depending on the substance and amount. Possession of less than 25 grams of a Schedule I or II narcotic is a felony carrying up to four years in prison and fines up to $25,000. Larger quantities carry substantially longer sentences.

Drug Delivery and Distribution

Delivery or manufacture of a controlled substance is treated far more seriously than possession. A charge involving 50 grams or more of heroin or cocaine can carry a mandatory minimum sentence of 10 years and a maximum of life in prison under Michigan law. Even a first-time delivery charge involving smaller amounts can result in felony conviction and years of incarceration.

Michigan's Felony Drug Thresholds and Sentencing Ranges

Transferring or hiding assets before filing, which can create legal issues.

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Schedule I and II Controlled Substances

Michigan's most serious drug penalties apply to Schedule I and II substances — heroin, cocaine, methamphetamine, fentanyl, and similar narcotics. Sentencing thresholds are tied directly to weight:

 

  • Under 25 grams: up to 4 years, fines up to $25,000
  • 25–50 grams: up to 4 years, fines up to $25,000
  • 50–450 grams: up to 20 years, fines up to $250,000
  • 450 grams–1 kilogram: up to 30 years, fines up to $500,000
  • 1 kilogram or more: up to life in prison, fines up to $1,000,000

 

These ranges apply to possession. Delivery or manufacture at the same weight levels carries higher mandatory minimums and longer maximum sentences.

Marijuana Charges After Legalization

Michigan legalized recreational marijuana in 2018, but criminal exposure didn't disappear. Possession beyond the legal limit, sale without a license, and delivery to a minor remain criminal offenses. Charges involving marijuana near schools or parks carry enhanced penalties. If your charge stems from marijuana, the post-legalization landscape matters — and the specific facts of your case determine whether a defense is viable or whether a reduction is the more realistic goal.

Drug Trafficking Charges in Northern Michigan

CF Legal maintains an office in Frankfort and has represented clients throughout northern Michigan, including Traverse City and the surrounding region. Drug trafficking charges in rural and northern Michigan counties are prosecuted aggressively, and the same Fourth Amendment defenses that apply in Genesee County apply statewide. If you're facing a trafficking charge in northern Michigan, we can help.

Drug Treatment Court and Sobriety Court

Michigan's drug treatment courts — sometimes called sobriety courts — offer an alternative path for eligible defendants, particularly first-time offenders and those whose charges are connected to addiction. Successful completion of a treatment court program can result in reduced charges or dismissal. Not every defendant qualifies, and not every county's program is the same. We can evaluate whether treatment court is a realistic option in your case and advocate for your eligibility where it applies.

Prescription Drug Charges

Charges involving prescription medications — opioids, benzodiazepines, stimulants — are increasingly common and prosecuted under the same controlled substances framework as street drugs. Possession of a prescription drug without a valid prescription, or in excess of a lawful prescription, can result in felony charges. These cases often involve nuanced medical and pharmacy records, and the defense strategy reflects that complexity.

Federal Drug Charges

When a drug case crosses state lines or involves quantities that trigger federal jurisdiction, the stakes rise considerably. Federal drug sentences are governed by mandatory minimum guidelines that leave little room for judicial discretion. If you've been contacted by federal agents or charged in federal court, you need an attorney with the experience to navigate that system — and the litigation capability to fight your case if it goes to trial.

The Fourth Amendment and Drug Charges

In a significant number of drug cases, the most important question isn't whether the defendant possessed the substance — it's whether police had the legal authority to find it. The Fourth Amendment prohibits unreasonable searches and seizures, and evidence obtained through an unlawful stop, search, or seizure may be suppressible.

Common Fourth Amendment Issues in Drug Cases

Traffic stops that lacked reasonable suspicion, searches conducted without a valid warrant or a recognized exception, and K-9 sniffs performed after an unlawful detention are among the most frequently litigated issues in drug defense. When a court suppresses evidence, the prosecution's case often collapses. Rick Hetherington's law enforcement background gives him a precise understanding of what officers are trained to do — and what departures from that training look like in the record.

Local Court Familiarity

Legal outcomes can depend on local processes; working with someone familiar with Will County courts helps avoid unnecessary delays.

Frequently Asked Questions About Drug Charges in Michigan

  • What's the difference between possession and delivery charges in Michigan?

    Possession means you had a controlled substance for personal use. Delivery means you transferred — or intended to transfer — a substance to someone else. Delivery charges carry significantly higher penalties, and prosecutors sometimes pursue delivery charges based on circumstantial evidence like the amount found, packaging, or the presence of cash. The distinction matters enormously for sentencing, and we evaluate the evidence carefully to determine whether a delivery charge is actually supported by the facts.
  • Can a drug charge be dismissed if the search was illegal?

    Yes — if police conducted an unlawful search or seizure, a motion to suppress can exclude that evidence from trial. Without the evidence, the prosecution may have no viable case. Whether suppression is available depends on the specific facts of the stop and search. We review police reports, dashcam footage, and warrant documentation to identify every potential Fourth Amendment issue before advising on strategy.
  • What is drug treatment court and do I qualify?

    Drug treatment court is a supervised program that substitutes treatment and accountability for incarceration. Eligibility typically requires that the offense be nonviolent, that the defendant have no prior felony convictions, and that substance use be a contributing factor. Completion of the program can result in reduced or dismissed charges. Qualifying criteria vary by county, and we can assess your eligibility and advocate for your admission where the program is available.
  • I was charged with a marijuana offense even though marijuana is legal in Michigan. How is that possible?

    Michigan's legalization framework permits adults to possess up to 2.5 ounces of marijuana in public and up to 10 ounces at home. Possession beyond those limits, sale without a state license, and delivery to anyone under 21 remain criminal offenses. Charges near schools or parks carry enhanced penalties. Legalization narrowed the exposure — it didn't eliminate it.
  • Do you handle drug cases outside of Flint and Genesee County?

    Yes. We represent clients throughout mid-Michigan and northern Michigan, including clients in Saginaw, Davison, Fenton, Traverse City, and the surrounding areas. Our Frankfort office serves clients in northern Michigan, where we have handled drug trafficking matters in that region's courts.