Delivery or Manufacture of Marijuana in Michigan is a 4 year felony. This includes less than 5 kilograms of marijuana or 20 Plants of Marijuana. Delivery or Manufacture of more than 5 kilograms but less than 45 kilograms of Marijuana is a 7 year felony. Delivery or Manufacture of 45 kilograms or more of Marijuana is a 15 year felony. As stated before, Possession of Marijuana is a lessor offense, and can be a 1 year misdemeanor or less depending upon where the case is prosecuted. A defense to marijuana cases, if applicable, is the Michigan Medical Marijuana Act that applies to both caregivers and patients.
Possession of Marijuana can be actual or constructive possession. Actual possession means that the marijuana is in the Defendant’s hand, pocket, or otherwise on his or her person. Constructive possession means that the Defendant had dominion and control over the marijuana, but did not actually possess it. An example of constructive possession of marijuana would be if a police officer arrested a Defendant in his home, but located marijuana in a search of the glove compartment of his car. Possession can also be joint, which in relation to a criminal prosecution means that more than one person has the right (albeit, not in a legal sense) to possession the marijuana in question.
Delivery means that the Defendant transferred or attempted to transfer the marijuana to another person knowing that the substance was marijuana, and intending to transfer it to another person. This has to go beyond just preparing to commit a crime, to a point where the crime would have been completed but for some sort of interruption that occurred. Being merely present where any crime has been committed, without anything more, is not enough to support a conviction for an offense.