Michigan’s 7411 Law: Eligibility, Probation, and Dismissal

Michigan’s 7411 law, found at MCL 333.7411, lets a person charged with certain low-level drug offenses complete probation instead of taking a conviction. If probation is completed successfully, the court dismisses the case without entering a judgment of guilt, and the offense does not appear on the public criminal record. It is generally a one-time benefit, it requires the court’s consent, and several important consequences sit outside Michigan law entirely.

What Charges 7411 Covers

The statute reaches three categories: possession of a controlled substance under specific subsections of MCL 333.7403, use of a controlled substance under MCL 333.7404, and a second-time possession or use of an imitation controlled substance under MCL 333.7341.¹ Manufacturing, delivery, and trafficking charges are not eligible.

Use offenses under MCL 333.7404 are misdemeanors, but the underlying penalty depends on the substance. Unauthorized use of a Schedule 1 or 2 narcotic carries up to one year in jail and a $2,000 fine. Other Schedule 1 through 4 substances carry up to one year and a $1,000 fine. Psychedelics such as LSD and psilocybin carry up to six months and a $500 fine. Marijuana use carries up to 90 days and a $100 fine.² Those penalties matter because they are what you face if 7411 is denied or later revoked.

Michigan’s recreational marijuana legalization has reduced the everyday relevance of 7411 for marijuana cases, since adults 21 and older can legally possess up to 2.5 ounces. Possession above that limit, possession by someone under 21, or use in prohibited settings can still bring charges where 7411 applies.

Who Qualifies

You must have no prior drug convictions under any federal or state law involving controlled substances.¹ An old out-of-state marijuana possession conviction disqualifies you, even if it looked minor at the time.

Two consents are needed. The statute requires the “consent of the accused,” so no one can be forced into a 7411 disposition. And the judge has full discretion to grant or deny it, weighing your background, the circumstances of the offense, and your prospects for rehabilitation. Identical charges in different courtrooms can produce different outcomes.

Because a successful 7411 is not a conviction, the statute does not technically bar a second one. In practice, courts keep a nonpublic record of every 7411 disposition, and judges can see it when a new request comes in. Most treat 7411 as a once-in-a-lifetime benefit.¹

Plea or Trial: How You Get 7411

A common misunderstanding is that 7411 requires a guilty plea. The statute covers both people who plead guilty and people who are found guilty at trial.³ You do not have to give up a defense to remain eligible. If you go to trial, lose, and the offense qualifies, the judge can still grant deferral rather than entering a conviction.

Most 7411 dispositions do follow a guilty plea because they are typically negotiated as part of a plea arrangement. But the trial option matters. It removes a pressure point that might otherwise push someone into pleading guilty to a charge they could win.

What Probation Looks Like

Once the judge grants 7411 status, judgment is withheld and you are placed on probation for up to five years (60 months). Conditions are tailored to the case and often include drug testing, substance abuse counseling, community service, and participation in a drug treatment court program when the court finds it appropriate.¹

The probation supervision fee is set by statute at $30 per month without electronic monitoring and $60 per month with it. Over a full 60-month term, that runs to $1,800 without monitoring or $3,600 with it. The full amount is technically due when probation is ordered, though courts can approve monthly installments.⁴

Beyond the supervision fee, drug testing, counseling sessions, and treatment programs typically come out of the defendant’s pocket. Costs vary by jurisdiction and by the specific conditions imposed. They add up quickly over a multi-year term, and falling behind on fees or missing court-ordered appointments because of cost is a common route to a probation violation.

What Happens If You Finish Successfully

Complete every condition and the court must discharge you and dismiss the proceedings. The statute states plainly that this happens “without adjudication of guilt” and, with limited exceptions, is not a conviction for any legal purpose. You avoid the enhanced penalties that apply to second or subsequent drug offenses, and the charge does not appear on your public criminal record.¹

For employment applications, housing applications, and most background checks, the offense effectively does not exist. The consequences that survive dismissal are covered below.

What Happens If You Violate Probation

Failing to comply puts everything at risk. If the court finds a violation — a failed drug test, a missed counseling appointment, a new arrest, or unpaid fees — the judge can revoke 7411 status and enter the conviction that was originally deferred. You then face the standard penalties for the underlying offense, including possible jail time and fines based on the severity of the original charge.¹

Not every slip triggers revocation. Judges have discretion, and many will modify conditions or extend the term on a first violation. A pattern of non-compliance, or a serious new offense, almost always ends in revocation. Treat every condition as non-negotiable, because the alternative is a conviction on the original charge.

Who Can Still See the Record

A successful 7411 dismissal keeps the offense off your public record, but it does not erase it from every system. The Michigan Department of State Police retains a nonpublic record of the arrest, proceedings, and disposition. That nonpublic record is accessible to courts, law enforcement, the Department of Corrections, and prosecuting attorneys for use in performing their duties, and can be used to evaluate whether an applicant meets employment criteria for positions within those agencies.¹

Practically: if you are later charged with a new offense, the prosecutor and judge can see the prior 7411. If you apply for a job with a law enforcement agency, corrections department, or prosecutor’s office, the hiring authority can access it. For the general public, private employers, and standard background check companies, the record should not appear.

Immigration Consequences for Non-Citizens

This is where 7411 can become dangerous for non-citizens. Federal immigration law uses its own definition of “conviction” that is broader than Michigan’s. Under the Immigration and Nationality Act, a conviction exists for immigration purposes when a person enters a guilty plea or is found guilty, even if the court withholds a formal judgment of guilt, as long as the judge imposes some form of punishment or restraint on liberty. Probation counts as a restraint on liberty.

A 7411 disposition checks both boxes: the person pleads guilty or is found guilty, and the court imposes probation. Michigan law treats a successful 7411 as a non-conviction, but federal immigration authorities can treat it as a conviction that triggers deportability. Nearly any drug conviction makes a non-citizen deportable, with the only narrow exception being a single offense of simple possession of 30 grams or less of marijuana with no prior drug record. If you are not a U.S. citizen, consult an immigration attorney before accepting any plea arrangement, including one that leads to 7411.

Firearms Concerns

Federal firearms law creates a separate problem during and after 7411 probation. Under 18 U.S.C. § 922, it is illegal for anyone who is an “unlawful user of or addicted to” a controlled substance to possess a firearm or ammunition.⁵ The federal prohibition is not tied to whether you were convicted. It is tied to whether you are an unlawful user. Someone on probation for a drug offense, especially with drug testing conditions, sits in a gray area at best.

After successful completion, the picture improves. Because 7411 is not a conviction, the federal prohibition against firearm possession by convicted felons should not apply. If the underlying conduct involved a substance that remains illegal under federal law — marijuana, for example, which is still a Schedule I substance federally — continued use could independently disqualify you regardless of your Michigan record status.

Employment and Professional Licensing

For most private-sector jobs, a completed 7411 is good news. It is not a conviction, it should not appear on standard background checks, and you can generally answer “no” on applications asking whether you have been convicted of a crime.

Professional licensing is more complicated. Many boards ask not just about convictions but about arrests, charges, or participation in diversion programs. The wording of the question controls the answer. “Have you ever been convicted of a crime?” is a different question from “Have you ever been arrested or charged with a crime?” or “Have you ever participated in a pretrial diversion or deferred adjudication program?” If the question reaches arrests or diversions, you may have to disclose even a successfully completed 7411. A false answer on a licensing application can itself be grounds for denial or revocation. Read every question carefully, and check with the licensing board or an attorney if the wording is ambiguous.

1
Michigan Legislature. MCL – Section 333.7411 – Public Health Code (Excerpt)
2
Michigan Legislature. MCL – Section 333.7404
3
Michigan Courts. Deferred Adjudication of Guilt Under 7411
4
Michigan Legislature. MCL – Section 771.3c
5
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts