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It is illegal to knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form without a valid reason to have the controlled substance and/or a prescription pad.

Guilty knowledge is essential element of offense of possession of controlled substance.

The accused’s knowledge of presence of substance in question was essential element required for conviction of unlawful possession of narcotics.

Actual or constructive possession is one of elements which must be proved in prosecution for possession of controlled substance.

A conviction for the offense of possession of a controlled substance requires proof that the defendant had actual or constructive possession of the substance; possession may be established by evidence that the defendant exercised control or had the right to exercise control of the substance and knew that it was present.

A defendant has constructive possession of a controlled substance where a person purchases the substance as agent for the defendant and pursuant to the defendant’s express instructions and the defendant as owner of the substance is entitled to exercise dominion and control over it even though the defendant never actually gains physical possession of the substance

There are many different crimes that relate to possession of a controlled substance.  In order to determine what crime/charge applies to each case, Michigan organizes controlled substances into different ‘Schedules’. 

Schedule I drugs are high risk and are not considered safe to use even under medical supervision.

  • Schedule I Drugs:  
    • Heroin
    • Ecstasy
    • LSD

Schedule II drugs have a high likelihood of abuse which leads to psychological and physical dependence. 

  • Schedule II Drugs:
    • Cocaine
    • Vicodin 
    • OxyContin
    • Oxycodone
    • Morphine
    • Methadone
    • Adderall

Schedule III drugs have a less likelihood of abuse, compared to Schedule I and II drugs, which leads to less psychological and physical dependence. 

  • Schedule III Drugs:
    • Vicodin
    • Codeine and hydrocodone products mixed with aspirin or acetaminophen
    • Tylenol with Codeine
    • Suboxone
    • Anabolic steroids

Schedule IV drugs are abused and can be addictive and create psychological and physical dependency, but less than Schedule I, II, and III drugs.

  • Schedule IV Drugs:
    • Valium
    • Xanax
    • Soma
    • Klonopin

Schedule V drugs are considered to have the lowest risk of all scheduled drugs. 

  • Schedule V Drugs:
    • Robitussin AC
    • Cough medicines with codeine

Possession of a Controlled Substance can be found under MCL 333.7403 


The penalty for possession of a controlled substance varies depending on the Schedule drug.   Possession of a Controlled Substance can range anywhere from a misdemeanor to a felony.  The amount of the controlled substance and the type of controlled substance will determine the penalty.  If found in possession of a  prescription form, without proper authorization, that charge is a misdemeanor punishable by imprisonment for not more than 1 year.  

Nicole was not only in the Drug Unit as a prosecutor, but Nicole was also the head of the Fraudulent Prescription Unit.  

Nicole has the knowledge and experience needed to properly defend you when it comes to drug crimes related to controlled substances and/or prescription drugs. Nicole has fought on behalf of doctors, pharmacists and nurses to make sure their license remains intact. 

If you are charged with possession of a controlled substance, and  you have a proper prescription for that controlled substance, Blank Law, PC will assist you in making the proper arguments in order to get your case dismissed.   


  • Duress –  may be a defense if a person is forced under threat of harm to possess the drugs
  • Intoxication – may be a defense, especially if it affects a person’s ability to form the proper intention needed for the charge; or
  • Possession of a proper prescription – may be a defense if the accused had a valid prescription or license to possess the controlled substance.
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