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  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Default Caught With Four Pounds Of Weed In Michigan

    Early Sunday Morning my half brother who has been 18 six months was arrested on a charge of Delivery/poesession of 4 lbs of weed. (State of Michigan, Bay County) Over 5 hour drive from home one way. This kid does not even have a drivers liscense yet. The driver was older and had prior convictions (of what I don't know). My brother is in jail and the driver has gone home. Looks like he is taking the rap for this older guy. Because the older guy had priors and would be looking at serious time for this offense--he has several little children at home - so my brother doesn't want them to go without a Dad like hid did- Our father died in 2002 when my half brother was only 12 years old.
    The strange thing is my brohter doesn't hang with the pot smoking crowd.
    He was a wrestler, going undefeated many times. He also is a weightlifter. Now tell me this kid is training his butt off at wrestling practice and smoking weed. I doubt it. His coach just praised him up one side and down the other as what a very cooperative, shows initative, team player- does what he is asked without any probem He was made a captain of his team while he was a Sophmore- kind of early but he was mature enough for the responsibility.
    Thats the whole word to describe my little brother responsiblie.
    He moved out of his mother's house at age 17 to a small apartment. He told her he was tired of her drinking away his social security death benefit checks but when he needed ten dollars well she was broke. He kept going to school and worked construction all summer- he has worked construction 3 summers straiight. Everyone says he is a very hard worker- will work any chance he can.
    There was NO CLUE TO ANYONE WHO KNEW HIM THAT HE WAS INVOLVED WITH WEED AT ALL LET ALONE TO THIS EXTENT. Somehow in the last few months he has gotten in with the wrong crowd that is older. But understand I am not saying he is not responsible for his own actions.
    Still 4 pounds that is a lot of weed.
    He has a crystal clean record up to this incident.
    Does anyone feel he can get a 7411 in the state of Michigan with this amount of weed against him? Does anyone feel he will get a full felony and go to prison- if so how long might he be sentenced (NO I DON'T WANT HIM TO GO TO PRISON)
    Shocked Sister

  2. #2
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: 4 Lbs Of Weed In Michigan

    Interesting case here. 4 pounds in considered a felony in most states I know of. In Texas I believe it's a felony of the 3rd degree (2-10 years in prison), or it could even be a 2nd degree felony (2-20 years). I'm not familer with Michigan though...

    However, there is a good chance he will be offered a probation sentence. Most non-voilent first offenders rarely do prison time.

    Oh yeah, the time he serves in jail will go toward his sentence.

    Edit: In Texas possession of 4 pounds would only be a state jail felony (180-2 years in JAIL)

  3. #3
    Join Date
    Dec 2007
    Posts
    3

    Default Re: 4 Lbs Of Weed In Michigan

    Thanks for your reply. We are in Michigan. I am hoping this kid gets a chance at a life.

  4. #4
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: 4 Lbs Of Weed In Michigan

    Quote Quoting truth0754
    View Post
    Thanks for your reply. We are in Michigan. I am hoping this kid gets a chance at a life.
    I suspect the laws are more lenient in Michigan. You have to consider how Texas laws are 60% stricter then the national average.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: 4 Lbs Of Weed In Michigan

    MCL 333.7411 (the statute governing 7411 sentencing) does not apply to convictions for manufacture or distribution. What you describe is likely to be charged as a felony under this statute:
    Quote Quoting MCL 333.7401 Manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver controlled substance, prescription form, or counterfeit prescription form; dispensing, prescribing, or administering controlled substance; violations; penalties; consecutive terms; discharge from lifetime probation; “plant” defined.
    * * *
    (2) A person who violates this section as to:
    * * *

    (d) Marihuana or a mixture containing marihuana is guilty of a felony punishable as follows:
    (i) If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for not more than 15 years or a fine of not more than $10,000,000.00, or both.

    (ii) If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for not more than 7 years or a fine of not more than $500,000.00, or both.

    (iii) If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for not more than 4 years or a fine of not more than $20,000.00, or both.
    * * *
    I doubt that your brother is headed to prison, but he needs a lawyer.

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