If you have no criminal
history, you (or your attorney) should ask the prosecutor if you can plead guilty to the misdemeanor under MCL(NNN) NNN-NNNN Under that statute, you are placed on probation (usually 1 year). During that year, if you comply with the terms of your probation, the case will be dismissed at the end of your probation. Probation can include, but not be limited to, fines/costs, no other convictions, attend a class or counseling, community service, and any other term set by the judge. The judge COULD also make you turn in any guns during probation. However, on a first offense, this is very unlikely. If you do not receive a 7411, a conviction will immediately go on your record and your license will be suspended for 6 months.
If your home were to be searched while you were on probation and marijuana was found, it is quite possible that you will lose your 7411 and a conviction will be entered, you will get new charges for marijuana (either possession or manufacture/delivery of marijuana--if scales, baggies, etc. are found) and you will get a new weapons charge (if the gun was not registered, etc.)
Under Michigan law, you do NOT have to turn in your legally registered gun (unless the judge orders you to do so). Also, you can still purchase a weapon if you have a misdemeanor conviction. HOWEVER, federal law prohibits anyone who has been convicted of a misdemeanor or felony from possessing/purchasing a weapon.
Moreover, a recent federal court
decision even prohibits persons in Michigan who have a medical marijuana card from possessing/purchasing a weapon.
The botXXXXX XXXXXne is that you want to get a MCL(NNN) NNN-NNNNfor your first marijuana conviction. That way, no conviction appears while you are on probation and if you complete probation. That way, you don't have to worry about being able to purchase/possess a legal weapon.
However, if you do NOT successfully complete probation, a conviction will appear on your criminal history, and under federal law, you will not be able to possess/purchase a weapon. So, if your house is searched and marijuana is found, you will most likely lose your 7411 status and be charged again with a drug offense.
I hope you find this information useful.
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