Knowingly possessing a controlled substance is a crime in Michigan. Depending on the classification of the substance and the amount, a person convicted of the offense can face steep fines and decades of imprisonment.
However, offenders who violate the law in or near a public or private park face an additional criminal charge. What is this offense, and what are the criminal penalties?
Delivery or intent to deliver controlled substance in or within public or private park
By Michigan law, it’s illegal to perform any of the following in or within 1,000 feet of a public or private park:
- Possessing a controlled substance
- Possessing a controlled substance with the intent to deliver it to a minor
- Delivering a controlled substance to a minor
- Manufacturing a controlled substance or possessing facilities/equipment used to manufacture controlled substances
So, even if a person had no intent to give their controlled substances to a minor, they can face charges for violating this law. Possessing equipment or a location used to produce controlled substances also triggers a violation. As long as these offenses occur in or near a public or private park, a violation occurs.
The penalties for possessing or delivering controlled substances in or near parks
A violation of Michigan’s law against possessing or delivering controlled substances in or near parks is punishable by up to two years of imprisonment. However, this term of imprisonment is in addition to the other penalties a person would face for a separate conviction of possessing, delivering or manufacturing controlled substances.
To summarize, a person convicted of possessing, delivering or manufacturing controlled substances can face an additional criminal charge if their offense took place in or near a public or private park. If you’re accused of this offense, don’t underestimate what this additional criminal charge means. Consider working with a legal professional to understand your defense options in court.