A person charged with a Michigan drug crime (possession, delivery, manufacturing, possession with intent to deliver) also faces an additional charge known as Maintaining a Drug House whenever the drugs are associated with a residence or vehicle. Sometimes a person charged with a possession charge will get hit with an additional charge of maintaining a drug house in West Michigan. The Criminal Defense Law Center of West Michigan has seen it happen numerous times.
According to Michigan Law (MCL 333.7405) provides that a person shall not knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances, or that is used for keeping or selling controlled substances in violation of this article. It’s a shame that prosecutor’s have so many different charges they can hit a person with over drugs, but that is the current law in Michigan. Needless to say, Michigan needs to reform our drug laws asap!
The Criminal Defense Law Center of West Michigan has defended numerous people being charged with maintaining a drug house. You have to have an attorney by your side if you are facing this serious charge. Call us today at 616-438-6719 and we’ll talk to you for free about your case!
Maintaining a Drug House Penalties, Consecutive Sentencing, Double Penalty
The maximum penalty for the offense of Maintaining a Drug House is 2 years in prison and a fine of not more than $25,000.00, or both. Rarely do we see people get a full two years in prison for this crime, but people can do jail time when they get convicted for this charge.
Double Penalty: In addition to the consecutive sentencing provision of Michigan criminal drug laws, a person faces a double penalty upon a second conviction of a drug crime under the statute. For example, if a person is charged with new offense of Delivery of Marijuana (a felony punishable by 4 years in prison) and has a past conviction for any other drug crime, a conviction for the new offense of Delivery of Meth, a 20 year felony could carry up to 40 years in prison (double penalty).
Consecutive Sentencing: Upon conviction of multiple drug crimes, Michigan drug laws require consecutive sentencing; as opposed to more favorable concurrent sentencing. This means that a person convicted of both Delivery of Cocaine and Maintaining a Drug House would have to serve the sentence on one offense before serving the sentence on the other offense.
We know how to work the courtrooms of West Michigan to get you the best results possible. Do not go to court alone! Call The Criminal Defense Law Center of West Michigan today if you are facing any criminal charge!
(1) A person shall not do any of the following:
(a) If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333.
(b) If the person is a licensee, manufacture a controlled substance not authorized by his or her license or distribute, prescribe, or dispense a controlled substance not authorized by his or her license to another licensee or other authorized person, except as authorized by rules promulgated by the administrator.
(c) Refuse an entry into any premises for an inspection authorized by this article.
(d) Knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances in violation of this article.
(e) If the person is a practitioner, dispense a controlled substance under a prescription written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber licensed to practice in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances.
(2) A person who violates subsection (1) is subject to the penalties prescribed in section 7406.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;– Am. 1988, Act 30, Eff. Aug. 26, 1988 ;– Am. 1997, Act 153, Eff. Mar. 31, 1998 ;– Am. 2004, Act 536, Imd. Eff. Jan. 3, 2005 ;– Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;– Am. 2009, Act 150, Imd. Eff. Nov. 19, 2009 ;– Am. 2011, Act 155, Imd. Eff. Sept. 27, 2011 ;– Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;– Am. 2016, Act 49, Eff. June 13, 2016
Compiler’s Notes: Enacting section 1 of Act 49 of 2016 provides:”Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018.”
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