In Michigan, possession of a controlled substance less than 25 grams is a felony under MCL 333.7403(2)(a)(v), punishable by up to 4 years in prison and a fine of up to $25,000.1Michigan Legislature. MCL – Section 333.7403 – Controlled Substances Penalties That statutory ceiling sounds severe, and it is, but it is not the whole picture for a first offense. Michigan also has a first-offender deferral statute, MCL 333.7411, that can let you plead guilty, complete probation, and walk away with the case dismissed and no conviction on your record. For anyone charged at this weight tier without a prior drug record, understanding both provisions is where a defense strategy starts.
What the Under-25-Gram Charge Actually Covers
This tier applies to Schedule 1 and 2 narcotic drugs, the category Michigan treats most harshly. Schedule 1 narcotics include heroin. Schedule 2 covers fentanyl, oxycodone, cocaine, and similar substances. The weight is measured by the entire mixture, not the pure drug. A gram of powder that tests positive for fentanyl is a gram for charging purposes even if most of what’s in the bag is filler.
Prosecutors must prove two things: that what you had was a controlled substance under Michigan law, and that you knowingly or intentionally possessed it. Possession can be actual, meaning the drugs were on your person, or constructive, meaning they were somewhere you controlled and you knew they were there. Constructive possession takes more than proximity. If police find a baggie in a shared apartment or under a passenger seat, the state still has to show you knew about it and had the ability to control it. Michigan sets no minimum quantity, so residue or trace amounts can support a charge in this tier.
The MCL 333.7411 First-Offender Deferral
The under-25-gram tier is one of the offenses that qualifies for deferral under MCL 333.7411, and this provision is often the single most important thing to know about the charge. If you’ve never been convicted of a drug offense anywhere, in Michigan, another state, or federal court, the court can accept your guilty plea without entering a judgment of conviction and place you on probation instead.2Michigan Legislature. MCL – Section 333.7411 – Deferred Proceedings
Probation conditions typically include a supervision fee, possible drug treatment or education, and sometimes participation in a drug treatment court. If you complete every condition, the court discharges you and dismisses the case. That dismissal is not a conviction for legal purposes. It does not trigger the repeat-offender enhancement discussed below, and it avoids most of the collateral consequences a felony conviction would carry.
The limits matter. You get one 7411 deferral in your lifetime. The court has to consent; it is not automatic. If you violate any probation condition, the judge can enter the conviction and sentence you under the ordinary felony penalty. Because the under-25-gram tier is expressly among the offenses the statute reaches, an eligible first-time defendant at this weight is in the strongest position the statute contemplates.
Defenses That Often Fit This Weight Tier
Challenging Possession and Knowledge
The most common defense at this level is that the drugs weren’t yours and you didn’t know they were there. Cases involving shared vehicles, roommates, or a bag someone else left behind turn on this issue constantly. Proximity alone isn’t enough; the state has to prove knowledge and the ability to control the substance. If the only link is that a bag of pills was found under the seat of a car you happened to be driving, that’s often a case with real holes.
Illegal Search and Seizure
Evidence obtained through an unreasonable search can be suppressed, and if the drugs go, the case usually goes with them. Traffic stops that escalated into vehicle searches without probable cause, warrantless entries into a home, and pat-downs that exceeded their lawful scope are common suppression grounds.
A recent Michigan development matters here. In 2025, the Michigan Supreme Court held in People v. Armstrong that the smell of marijuana alone no longer establishes probable cause to search a vehicle, overruling People v. Kazmierczak.3Michigan Courts. Motion to Suppress Warrantless Search or Seizure Because recreational marijuana is legal for adults in Michigan, marijuana odor is now just one factor in the probable-cause analysis. If the search that produced the narcotics in your case was triggered solely by marijuana smell, that search may be vulnerable to a suppression motion.
Valid Prescription
Possessing a controlled substance that was lawfully prescribed to you is not a crime. If you’re charged with possessing oxycodone, Adderall, or a similar prescription drug and you have a valid prescription in your name, that ends the case. The defense requires documentation, so a prescription bottle, pharmacy records, or the prescribing provider’s records are what actually carry it.
A Second Offense Changes the Math
If you have a prior drug conviction, MCL 333.7413 lets the court double both the maximum prison sentence and the maximum fine for the underlying offense.4Michigan Legislature. MCL – Section 333.7413 – Controlled Substances Penalties Applied to the under-25-gram tier, that raises the ceiling from 4 years and $25,000 to 8 years and $50,000.
Michigan counts any prior drug conviction as a predicate, including out-of-state and federal convictions, and the prior doesn’t have to involve the same drug or the same type of offense. A prior marijuana conviction can serve as a predicate for enhancement on a later narcotic charge. This is one of the reasons the 7411 deferral is so valuable: a successful deferral is not a conviction, so it does not serve as a predicate for enhancement later.
Collateral Consequences of a Conviction
The prison ceiling and the fine are only part of what a conviction at this tier can cost you.
Firearms. A drug possession felony is a “specified felony” under Michigan law because an element involves unlawful possession of a controlled substance. You lose the right to possess a firearm, and it doesn’t return automatically. You must wait at least five years after finishing your full sentence, paying all fines, and completing probation or parole, and then apply to have your firearm rights formally restored.5Michigan Legislature. MCL – Section 750.224f – Possession of Firearms by Felons
Employment and licensing. A felony drug conviction shows up on background checks. Employers in healthcare, education, finance, and government often will not hire someone with a drug felony. Professional licensing boards for nurses, pharmacists, real estate agents, and similar fields routinely deny or revoke licenses based on drug convictions. Landlords running background checks frequently reject applicants with felony records.
Immigration. For non-citizens, this is often the consequence that matters most. Federal law makes any non-citizen convicted of a controlled substance offense deportable, with only one narrow exception for a single offense involving 30 grams or less of marijuana for personal use.6Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A conviction at the under-25-gram narcotic tier does not fall within that exception. If you are not a U.S. citizen, you need an attorney who understands both criminal and immigration law.
Voting. Michigan restores voting rights upon release from incarceration. You cannot vote while confined in jail or prison after a conviction, but once you are out, even while still on probation or parole, you can register and vote.
Clearing the Record Later
If a 7411 deferral is not available and you take a conviction, Michigan’s Clean Slate framework may still let you clear the record eventually. Eligible felony convictions are automatically set aside 10 years after sentencing or release from prison, whichever is later, and automatic expungement covers up to 2 felonies and up to 4 misdemeanors.7Michigan Attorney General. Automatic Expungements – Michigan Clean Slate
If your record is beyond what automatic expungement covers, you can petition the court. The expanded petition process allows expungement of up to three felonies and an unlimited number of misdemeanors, with certain serious offenses excluded. Possession under 25 grams is not among the excluded categories, so the path is realistic if you stay out of trouble.
One boundary worth noting: this article addresses Michigan state charges, which is where the great majority of possession cases at this weight are prosecuted. Federal simple possession is a separate track with its own penalties and its own first-offender program, and it typically comes into play only when the arrest occurred on federal property, involved a federal investigation, or crossed state lines.