What can I expect to happen for a first offense possession of marijuana charge?

I was stopped by officers in a park after hours. I had about 2 g’s of pot that my friend and I had been smoking. After they came, I was completely compliant off the bat and the officers were tough but not mean. They let us go without a ticket/arrest, however they said that they were charging me with possession of marijuana pending a lab test. It’s my first offense, so I have a completely clean record and was just caught making a stupid mistake for which I’ve definitely learned my lesson. What’s the realistic thing that will probably happen? I’m 18, starting college and have no money.

Asked on August 25, 2014 under Criminal Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Possession of any amount of marijuana in the state of Michigan is charged as a misdemeanor which carries a fine of $2,000, and up to a year in jail. You could also have your driver’s license suspended for six months, and be unable to drive at all during the first 30 days. After the thirty days is up, the Court can issue a Restricted License for the remaining five months.  The actual consumption of marijuana is charged as a separate crime, and should you be caught smoking marijuana in your own home you can be given 90 days in jail and a $100 fine. In most cases, due to the wide discretion of the judge, first-time offenders are often given community service, rehab and probation rather than time in jail for possession of marijuana. You are much better off having a lawyer and having him or her discuss this with the Prosecutor prior to entering a plea.  But I am unclear as to what is really going to happen since you were not arrested or ticketed. If you had to take a blood test and were then charged you need to ask for a public defender asap.  You seem to have learned from your mistake and it is very good this was not on school property.  The outcome would be one that probably included being kicked out. Good luck.

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