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Delivery Manufacture Of A Controlled Substance

Delivery/Manufacture Of A Controlled Substance

Michigan law enforcement handles delivery Manufacture of a Controlled Substance drug charges and cases much more severely than possession of drug charges. Manufacturing charges are treated more like cases involving the intent to deliver.

A person is guilty of manufacturing a drug when they take a legal substance, and by chemical processes or some type of extraction, they make the substance into an illegal substance. Manufacturing can also include taking a substance that is illegal and change it into another illegal substance.

The manufacturing of drugs can also be taking an illegal or legal drug that is illegal, repackage it and then sell it in an illegally. According to the law in Michigan a person cannot lawfully manufacture, create, deliver, or possess with the intent to manufacture, create, or deliver a controlled substance, a controlled prescription, a counterfeit prescription, or a counterfeit drug.

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The Current Michigan Law

Under Section 333.7401c of the Michigan Public Health Code a person maybe charged with delivery manufacture of a controlled substance in Michigan when they:

  • Own, possess or use a vehicle, building, structure, or land you know is being used to manufacture drugs, such as a trailer used to manufacture meth
  • Own or possess chemicals or lab equipment you know is being used to manufacture drugs
  • Provide chemicals or lab equipment to someone else when you know they’ll be used to manufacture drugs


A controlled substance could include any number of drugs, either illicit street drugs or legal prescription drugs when they’re being trafficked by unauthorized people and without valid prescriptions. Some common drugs involved in drug trafficking charges include:

Penalties For Violating Section 333.7401

A conviction for creating, manufacturing, possession or delivering, with intent under Section 333.7401 is felony charge in Michigan. If you’re convicted, the possible sentence can range from two years to life in prison. The penalties you face depend on the type of drug involved and the amount you were alleged to have trafficked.

The penalties below have been codified by the Michigan legislature. Remember, that the penalty you receive may also depend on the circuit court judge you are in front of.  There are some judges that hammer people at sentencing for drug charges and others that typically sentence a lot easier.

The statutory penalties when you’re convicted of violating Section 333.7401 include:

    • Schedule 5 drugs — You may be sentenced to up to 2 years in prison and required to pay a fine of up to $2,000.
    • Schedule 4 drugs — You may be sentenced to up to 4 years in prison and required to pay a fine of up to $2,000.
    • Schedule 1, 2, or 3 drugs other than narcotics, cocaine or marijuana — You may be sentenced to up to 7 years in prison and required to pay a fine of up to $10,000.
    • Gamma-Butyrolactone (GBL) — You may be sentenced to up to 7 years in prison and required to pay a fine of up to $5,000.
    • Ecstasy, MDMA or Methamphetamine — You may be sentenced to up to 20 years in prison and required to pay a fine of up to $25,000.
    • Less than 50 grams of a Schedule 1 or 2 narcotic or cocaine — You may be sentenced to up to 20 years in prison and required to pay a fine of up to $25,000.
    • 50 to 450 grams of a Schedule 1 or 2 narcotic or cocaine — You may be sentenced to up to 20 years in prison and required to pay a fine of up to $250,000.
    • 450 to 1,000 grams of a Schedule 1 or 2 narcotic or cocaine — You may be sentenced to up to 30 years in prison and required to pay a fine of up to $500,000.
    • 1,000 grams or more of a Schedule 1 or 2 narcotic or cocaine — You may be sentenced to up to life in prison and required to pay a fine of up to $1 million

When you are charged with manufacturing a controlled substance because you knew drugs were being made on your property or possessed, or with chemicals or lab equipment possessed, or provided, you face felony penalties under Section 333.7401c.

The general conviction for drug manufacturing under this section is up to 10 years in prison and a fine of up to $100,000. However, the penalties can be even harsher under certain circumstances, including:

  • Manufacturing Drugs in the Presence of a Minor — You may be sentenced to up to 20 years in prison and required to pay a fine of up to $100,000
  • Manufacturing Drugs Within 500 Feet of a Residence, Business, School, or Church — You may be sentenced to up to 20 years in prison and required to pay a fine of up to $100,000
  • Manufacturing Drugs Resulting in Hazardous Waste — When the alleged drug manufacturing results in the unlawful generation, treatment, storage, or disposal of hazardous waste, you may be sentenced to up to 20 years in prison and required to pay a fine of up to $100,000
  • Manufacturing Drugs Involving a Firearm — When the alleged drug manufacturing involves the possession, placement, or use of a firearm or weapon, you may be sentenced to up to 25 years in prison and required to pay a fine of up to $100,000
  • Manufacturing Methamphetamine — You may be sentenced to up to 20 years in prison and required to pay a fine of up to $25,000

Suspension Of Your Drivers License

In Michigan, anytime you’re convicted of an offense involving drugs, the Secretary of State’s Office must suspend your driver’s license.

  • First Conviction — 6 months driver’s license suspension, with the possibility of a restricted license after 30 days
  • Second or Subsequent Conviction — 1-year driver’s license suspension, with the possibility of a restricted license after 60 days

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  • 2675 44th Street SW
    Suite 208
    Wyoming, MI 49519
  • 616-438-6719
  • attorneyshawnhaff@gmail.com
Criminal Defense Law Center West Michigan

Attorney Shawn Haff
We are available by phone 24/7