Legal Question in Criminal Law in Michigan

Re: average sentance?

We cannot tell you what the state-wide "average" sentence is for this crime. Too many variables come into play, including the defendant's prior criminal record, the judge's sentencing tendencies, whether there are any aggravating case facts involved, whether the jail is already near capacity, etc.

The maximum sentence is 1 year in jail and/or $1,000 fine. (The judge is not required to give any jail time, so it's possible that 0 days will be ordered behind bars, or any number up to one year.) A defendant can be placed on probation up to 2 years. The conviction will be abstracted to the Secretary of State, and a "drug crime" conviction notice will be added to the driving record, and the person's driving privileges will be suspended for 6 months.

Re: average sentance?

There are sentencing guidelines which judges are required to use, however, they can deviate from the guidelines with good cause - either lowering your time or adding more time. Your sentence can also depend on your criminal history, if any. I would not be able to opine on the "average" sentence that people receive - I'm not even sure anyone has these statistics.

Because it is only 1/2 ounce, there is no 'presumption' that you intended to distribute, which is good. It is also a misdemeanor, and not a felony.

The current penalty for possessing marijuana is not more than 1 year in jail and/or a $1,000 fine.

However, don't be alarmed - if this is your first offense, it does not necesarily mean you will receive any jail time. Possessions of such a low amount of marijuana - especially if your first offense - is often given no jail time and the person is placed on probation, which usually includes drug counseling and weekly or monthly checkins during the probation period. There is always a fine imposed. Exactly what sentence you get depends on the prosecutor, the officers involved, your history, and the judge.

I hope this helps. Thanks.