Definition of a Drug House: A Place or Vehicle Where Drugs are Used, Stored or Sold
Under Michigan law, MCL 333.7405(d) provides that a person “shall not knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances, or that is used for keeping or selling controlled substances in violation of this article.”
A person can be charged with maintaining a drug house if the drugs are kept anywhere the drugs can be kept, stored, or sold.
Penalties, Consecutive Sentencing, Double Penalty The maximum penalty for the offense of Maintaining a Drug House is 2 years in prison and a fine of not more than $25,000.00, or both.
Consecutive Sentencing: Upon conviction of multiple drug crimes, Michigan drug laws require consecutive sentencing; as opposed to more favorable concurrent sentencing. This means that a person convicted of both Delivery of Marijuana and Maintaining a Drug House would have to serve the sentence for Delivery of Marijuana before serving the sentence for Maintaining a Drug House.
Double Penalty: In addition to the consecutive sentencing provision of Michigan criminal drug laws, a person faces a double penalty upon a second conviction of a drug crime under the statute. For example, if a person is charged with new offense of Delivery of Marijuana (a felony punishable by 4 years in prison) and has a past conviction for any other drug crime, a conviction for the new offense of Delivery of Marijuana could carry up to 8 years in prison (double penalty).
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