Michigan Possession With Intent to Deliver Lawyer

Possession with intent to deliver, often called PWID, is one of the most serious drug charges in Michigan. Depending on the drug and the amount, it can carry up to 20 years in prison or more, and police don’t need to catch you selling anything to bring the charge. Attorney Christopher Brown, a former Detroit police officer, defends PWID charges in Oakland, Macomb, and Wayne Counties. He knows how narcotics investigations are run, how informants and controlled buys are used, and where those cases break down.

This page covers possession with intent to deliver in depth. For simple possession, marijuana laws, fentanyl, and other drug charges, visit our Oakland County drug crime lawyer page.

Recent Possession With Intent to Deliver Results

Every case is different, and past results do not guarantee a similar outcome.

20-Year Cocaine Delivery Felony Reduced, Then Dismissed Under 7411 — Detroit

Our client was the target of a narcotics investigation. The informant was a close friend who was angry with our client over an unpaid debt. Detroit police obtained a search warrant based on an alleged controlled buy, and our client was charged with possession with intent to deliver 50 to 449 grams of cocaine, a 20-year felony.

At the preliminary examination, testimony established that police never searched the informant before the alleged buy and never recovered the marked money. We filed motions to dismiss highlighting the informant’s motive and the failures in the investigation. The prosecutor reduced the charge to possession of less than 25 grams, a four-year felony, and our client was granted 7411 status. After one year of probation, the case was dismissed, with no conviction and no public criminal record.

Detroit, Wayne County

20-Year Felony Dismissed; Case Ultimately Dismissed Under 7411 — Pontiac

Our client was driving her boyfriend’s car, which was registered to him. Police stopped her for a traffic violation and arrested her for driving on a suspended license. During an inventory search of the car, officers found a large men’s coat in the trunk. In its pocket were 40 rocks of cocaine. Prosecutors charged her with possession with intent to deliver, a 20-year felony.

At the preliminary examination in the 50th District Court, the testimony distanced her from the coat and the drugs inside it. After the case moved to Circuit Court, the prosecution dismissed the felony. Instead, it offered her simple possession of less than 25 grams under Section 7411, Michigan’s first-offender deferral. She completed probation, and the case was dismissed.

See more drug crime case results.

What Is Possession With Intent to Deliver in Michigan?

Michigan law makes it a crime to “manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance” without legal authorization. MCL 333.7401(1).

The prosecutor does not have to prove that you actually sold anything. Instead, they try to prove two separate things: that you knowingly possessed the drugs, and that you intended to deliver them to someone else. Intent is usually argued from circumstantial evidence such as quantity, packaging, scales, cash, or text messages. Possession and intent are separate questions, and the defense can attack either one.

Michigan Possession With Intent to Deliver Penalties

In a Michigan possession with intent to deliver case, the penalty depends on the type of drug and, for some drugs, the amount. These are the maximum penalties under MCL 333.7401(2):

For narcotics like cocaine and heroin, the weight is the weight of the entire mixture, not just the pure drug. “Prescription pills” are not one category: the penalty depends on the pill’s active ingredient and how it is scheduled under Michigan law. For narcotic cases, a prison sentence can also be ordered to run consecutively with a sentence for another felony.

Second Offenses Can Double the Penalty

If you have a prior drug conviction, the judge may impose up to twice the normal maximum prison term, twice the normal fine, or both. MCL 333.7413(1). This is separate from Michigan’s general habitual offender laws, and the two shouldn’t be assumed to stack. The exact exposure depends on your prior record and what the prosecutor files.

Is There a Mandatory Minimum?

For most PWID charges in Michigan, no. The penalties in the table are maximums, and the sentencing guidelines, your record, and the defense presented all shape the actual sentence. Certain repeat offenses involving delivery near a school or library are an exception and carry a mandatory minimum.

How Prosecutors Try to Prove Intent to Deliver

In Michigan possession with intent to deliver cases, no single fact proves intent, but prosecutors often combine several:

• Quantity: an amount the prosecutor says is more than personal use
• Packaging: individual baggies or other sale-ready packaging
• Scales and supplies: digital scales, baggies, or cutting agents
• Cash: the amount, denominations, or where it was found
• Phone evidence: texts, social media messages, or call records
• Surveillance: alleged hand-to-hand exchanges or short visits
• Informants and controlled buys: testimony and marked money from an alleged purchase

Each of these has innocent explanations, and none of them automatically proves intent. We test every inference against the full record.

Informants and Controlled Buys

Many Michigan possession with intent to deliver cases begin with a confidential informant, and informants often have their own reasons to cooperate, from reduced charges to personal grudges. In a controlled buy, police are supposed to search the informant before and after the purchase, provide marked money, and watch the exchange. We examine the informant’s motives, criminal history, and any promises made, and whether police actually followed their own procedures. In our Detroit case, police skipped the search of the informant and never recovered the marked money, and those failures helped turn a 20-year felony into a dismissal.

How We Defend a PWID Charge

The Drugs Weren’t Yours: Constructive Possession

Being near drugs is not the same as possessing them. When drugs are found in a shared car, home, or room, the prosecutor must show that you knew they were there and had the ability to control them. We look at who owned or used the space, who else had access, whether the drugs were hidden, and whether any fingerprints, DNA, or messages actually connect them to you. That is how our Pontiac client avoided a 20-year felony.

Search Warrants and Informant Tips

Michigan law requires a search warrant affidavit to state facts, not conclusions, and when information comes from an unnamed informant, to show why the informant is reliable. MCL 780.653. We review the warrant, the affidavit, and the inventory for weaknesses. If police included a false statement or left out important facts, deliberately or recklessly, the defense can ask for a hearing to challenge the warrant under Franks v. Delaware. If the corrected affidavit doesn’t establish probable cause, the evidence can be suppressed.

Consent Searches and Traffic Stops

Police often claim a person agreed to a search. We check whether consent was truly voluntary, who gave it, and whether the search stayed within its limits, and we compare the police report with body camera and dash camera video. In one of our drug cases, the video showed our client never consented, and the case was dismissed.

Lab Testing and Weight

The weight of the drug often decides which penalty tier applies. We review the lab report, the testing method, whether each package was tested or only a sample, how packaging weight was handled, and the chain of custody. A police field test or estimated weight is not the final word.

Entrapment

Michigan uses an objective test for entrapment: whether police conduct would have pushed a law-abiding person into committing the crime, or was so reprehensible that it can’t be tolerated. Simply giving someone the opportunity to sell is not entrapment, but aggressive tactics by police or informants can be.

Reducing PWID to Possession, and the 7411 Option

One of the most important goals in a PWID case is often reducing the charge to simple possession. That can cut the maximum penalty dramatically, and for an eligible client it can open the door to a 7411 deferral. Under MCL 333.7411, a first-time offender charged with certain possession offenses can be placed on probation without a conviction being entered; if probation is completed, the case is dismissed and the record is not public.

Section 7411 does not apply to a delivery or PWID conviction itself, and it can be used only once, by someone without a prior drug conviction. That’s why the reduction matters: in both our Detroit and Pontiac cases, the 20-year PWID charge was reduced to possession, and the case was ultimately dismissed under 7411. Learn more about how a 7411 deferral works.

Forfeiture of Cash, Cars, and Homes

In drug cases, police often seize cash, vehicles, and other property. Forfeiture is a separate case from the criminal charge, with its own deadlines, and missing a deadline can mean losing the property even if the criminal case goes well. Since 2019, Michigan generally requires a criminal conviction or guilty plea before seized property worth $50,000 or less can be forfeited, with limited exceptions. A car is not automatically forfeitable just because drugs were found in it. If your property was seized, keep every notice and inventory and talk to a lawyer right away.

Other Consequences of a Drug Conviction

A PWID conviction can follow you well beyond the sentence. Depending on the offense and your situation, it can affect immigration status for non-citizens, your right to own a firearm, professional licenses, employment, housing, and some public benefits. These consequences should be reviewed before any plea, not after.

Mistakes to Avoid After a PWID Arrest

• Talking to police about the case before you speak with a lawyer
• Assuming a small amount, or no completed sale, means you can’t be charged
• Consenting to a search, or unlocking your phone, without legal advice
• Deleting messages or moving drugs, cash, or other evidence
• Contacting the informant or any witness about the case
• Posting about the case or discussing it in group chats
• Accepting a plea before reviewing immigration, forfeiture, and other consequences
• Missing a forfeiture claim deadline

Possession With Intent to Deliver FAQ

They only found a small amount. Why am I charged with intent to deliver?

The amount isn’t the only factor. Prosecutors may point to packaging, scales, cash, messages, or informant claims to argue intent. But none of those automatically proves it, and each can be challenged.

The drugs weren’t mine. Can I still be charged?

Yes, under a theory called constructive possession. But the prosecutor must prove you knew about the drugs and could control them. Simply being in the same car or home is not enough.

Will they take my car or my cash?

Police can seize property, but seizure is not the same as forfeiture. For property worth $50,000 or less, Michigan generally requires a conviction or guilty plea first, and you have a deadline to file a claim.

Is there a mandatory minimum sentence?

For most PWID charges, no. The statute sets maximum penalties, and the actual sentence depends on the guidelines, your record, and your defense. Some repeat offenses near schools or libraries are an exception.

Can I get 7411 on a PWID charge?

Not on the PWID charge itself. Section 7411 applies only to certain possession and use offenses. But if the charge is reduced to possession and you have no prior drug conviction, 7411 may become available.

Talk to a Michigan Possession With Intent to Deliver Lawyer

If you’ve been charged with possession with intent to deliver, or police are investigating you, the time to act is before the preliminary exam. Attorney Christopher Brown offers free consultations 24/7, in person at our Troy office or virtually. Call (248) 468-1468 or contact us online. We defend drug charges throughout Oakland County, including Troy and Pontiac, and across Macomb and Wayne Counties.