Michigan Criminal Attorneys Blog
The following are misdemeanor drug offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code:
98.11.01 Possession or Use of Marijuana. No person shall knowingly or intentionally possess or use marijuana except as authorized by state law. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.
98.11.02 Possession of Drug Paraphernalia No person shall possess a hypodermic syringe or needle or any other instrument or implement adapted for the use of narcotic or dangerous drugs. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
Exceptions. This Section does not apply to the following:
a. Possession where authorization was issued by a licensed physician within a period of one (1) year.
b. Manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research or teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists and embalmers in the normal legal course of their respective business or profession.
98.11.03 Loiter with Intent to Use or Sell Drugs. No person shall loiter, frequent or live in any place with the intent to use, sell, dispense, furnish, give away, store or keep illegal drugs, hypodermic syringes, needles, empty gelatin capsules or narcotic paraphernalia. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
98.11.04 Unlawful Possession of Chemical Agent. No person shall possess a chemical agent, including nitrous oxide, with the intent to breath, inhale, or ingest for the purpose of causing a condition of intoxication, elations, euphoria, dizziness, or dulling of the senses or for the purpose of changing, distorting, or disturbing the audio, visual, or mental processes. This section shall not prohibit the possession of a chemical agent, including nitrous oxide, for the purpose of administering anesthesia for medical or dental purposes by a licensed practitioner. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
98.11.05 Unlawful Use of Chemical Agent. No person shall intentionally breath, inhale or ingest any chemical agent for the purpose of causing a condition of intoxication, elations, euphoria, dizziness, or dulling of the senses or for the purpose of changing, distorting, or disturbing the audio, visual, or mental processes. This section shall not prohibit the inhalation of any anesthesia for medical or dental purposes administered by a licensed practitioner. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
98.11.06 Unlawful Delivery of Chemical Agent. No person shall possess a chemical agent, including nitrous oxide, with the intent to deliver to another person knowing or having reason to know that the other person will use the chemical agent in violation of Section 98.11.04 or 98.11.05. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
According to Troy Criminal Code 98.01.03, in addition to the penalties provided above, the court may impose any sanction or remedial measure provided in state law for misdemeanor offenses.
A person who aids, abets, counsels, commands, or procures the commission of the above offenses shall be punished as if that person were the principal. A principal is a person who commits any of the above listed offenses. The word “person” includes any individual, co-partnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
When charged with an offense related to drugs in Troy, Michigan it is important to hire an experienced local criminal lawyer to assist you. An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.
There are many lawyers who claim to do more than what they are able – just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.