Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.7411 (2026)

Possession or use of controlled substance or imitation controlled substance; probation; terms and conditions; violation; discharge and dismissal; deferral of proceedings; nonpublic record of arrest, court proceedings, and disposition; nonpublic record open to certain individuals and entities; purposes; course of instruction or rehabilitation program; conviction of second violation; screening and assessment; costs.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.7411 Possession or use of controlled substance or imitation controlled substance; probation; terms and conditions; violation; discharge and dismissal; deferral of proceedings; nonpublic record of arrest, court proceedings, and disposition; nonpublic record open to certain individuals and entities; purposes; course of instruction or rehabilitation program; conviction of second violation; screening and assessment; costs.

Sec. 7411.

    (1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as otherwise provided by law, is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.

    (2) All court proceedings under this section shall be open to the public. Except as provided in subsection (3), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral shall be closed to public inspection.

    (3) Unless the court enters a judgment of guilt under this section, the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge under this section. However, the nonpublic record shall be open to the following individuals and entities for the purposes noted:

    (a) The courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor's office has violated his or her conditions of employment or whether an applicant meets criteria for employment with the court, law enforcement agency, department of corrections, or prosecutor's office.

    (b) The courts of this state, law enforcement personnel, and prosecuting attorneys for the purpose of showing either of the following:

    (i) That a defendant has already once availed himself or herself of this section.

    (ii) Determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

    (c) The department of human services for enforcing child protection laws and vulnerable adult protection laws or ascertaining the preemployment criminal history of any individual who will be engaged in the enforcement of child protection laws or vulnerable adult protection laws.

    (d) The Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603, as follows:

    (i) The court placed the individual on probation after March 25, 2002.

    (ii) If, at the time of the request, the individual is seeking licensure as a law enforcement officer under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, the Michigan commission on law enforcement standards may use the record to determine whether the individual meets the requirements for licensure as provided in that act.

    (iii) If the individual is licensed or certified as a law enforcement officer under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, the Michigan commission on law enforcement standards may use the record to determine whether the license or certificate may be revoked as provided in that act.

    (iv) If the individual is seeking admission to a law enforcement training academy, the Michigan commission on law enforcement standards may use the record to determine whether the individual meets the requirements for admission to the academy as provided in the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

    (v) If the individual is seeking a waiver from the law enforcement officer minimum standards regarding training requirements, the Michigan commission on law enforcement standards may use the record to determine whether the individual meets the requirements for the waiver as provided in the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

    (4) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.

    (5) Except as provided in subsection (6), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program is a violation of the terms of probation.

    (6) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program is a violation of the terms of the probation.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1984, Act 347, Eff. Mar. 29, 1985 ;-- Am. 1988, Act 144, Imd. Eff. June 6, 1988 ;-- Am. 1993, Act 169, Eff. Sept. 30, 1993 ;-- Am. 2002, Act 79, Imd. Eff. Mar. 25, 2002 ;-- Am. 2004, Act 225, Eff. Jan. 1, 2005 ;-- Am. 2012, Act 549, Eff. Apr. 1, 2013 ;-- Am. 2013, Act 223, Eff. Jan. 1, 2014 ;-- Am. 2016, Act 291, Eff. Jan. 2, 2017

PopularName Notes:

Act 368
Notes of Decisions
Cited in 28 cases (5 in the last 5 years), 1982–2024 · leading case: People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009).
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People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). · cites it 39× “The trial court granted all three defendants deferral status under MCL 333.7411 and placed them on probation for six months.”
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). · cites it 17× “We are asked in this case to determine whether a person who was charged with a drug felony and successfully employed the provisions of MCL 333.7411 is considered to be a convicted felon for purposes of obtaining a concealed pistol license.”
United States v. Petros, 747 F. Supp. 368 (E.D. Mich. 1990). · cites it 9× “§ 333.7411, the Michigan “First Offender Statute”, invalid for purposes of the enhanced penalty provisions of 21 U.”
People of Michigan v. Farrin Lee Felton, 928 N.W.2d 307 (Mich. Ct. App. 2018). · cites it 2× “He agreed to testify against defendant in exchange for a reduction in those charges to simple possession and sentencing under MCL 333.7411 such that upon successful completion of a term of probation, the charges against him would be dismissed without an adjudication of guilt.”
People v. James, 705 N.W.2d 724 (Mich. Ct. App. 2005). · cites it 3× “The record indicates that defendant was previously charged with possession of marijuana and sought deferred sentencing under MCL 333.7411(1), which provides that “[w]hen an individual who has not previously been convicted of [a controlled substance offense] pleads guilty to .”
Al-Najar v. Mukasey, 515 F.3d 708 (6th Cir. 2008). · cites it 2× “Rather, he pleaded guilty to possession of a controlled substance, in violation of Mich. Comp. Laws § 333.7411 . By entering his plea of guilty, Al-Najar admitted that the substance he possessed on December 14, 2001, was a controlled substance.”
In Re Forfeiture of $1,159,420, 486 N.W.2d 326 (Mich. Ct. App. 1992). · cites it 2× “The case was adjudicated under MCL 333.7411; MSA 14.15(7411) and he was placed on probation.”
People v. Giovannini, 722 N.W.2d 237 (Mich. Ct. App. 2006). “” MCL 333.7411(1); MSA 14.15(7411)(1). The omission of similar language from the YTA indicates that the Legislature did not intend to exclude youthful offenders with more than one conviction from participation.”
Barakat v. Holder, 621 F.3d 398 (6th Cir. 2010). · cites it 3× “Approximately five years later, Barakat pled guilty in the Recorder’s Court in the City of Detroit to possession of less than twenty-five grams of cocaine in violation of Mich. Comp. Laws § 333.7403 (2)(a)(v). The state court sentenced him to one year of probation pursuant to…”
McElroy v. Michigan State Police Crim. Just. Info. Ctr., 731 N.W.2d 138 (Mich. Ct. App. 2007). · cites it 2× “7411(1) provided that her discharge and dismissal was “not a conviction.” Id. at 430, 436-438.”
Carr v. Midland Cty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2004). · cites it 17× “We are asked in this case to determine whether a person who was charged with a drug felony and successfully employed the provisions of MCL 333.7411 is considered to be a convicted felon for purposes of obtaining a concealed pistol license.”
In re Klocek, 805 N.W.2d 213 (Mich. Ct. App. 2010). · cites it 2× “Because it was a first offense, the defendants were allowed to participate in a diversionary program under MCL 333.7411. Benjamin, 283 Mich App at 527 .”
Show all 28 citing cases →
— Mich. Comp. Laws § 333.7411(1) — 15 cases
People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). “The trial court granted all three defendants deferral status under MCL 333.7411 and placed them on probation for six months.”
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). “We are asked in this case to determine whether a person who was charged with a drug felony and successfully employed the provisions of MCL 333.7411 is considered to be a convicted felon for purposes of obtaining a concealed pistol license.”
People v. James, 705 N.W.2d 724 (Mich. Ct. App. 2005). “The record indicates that defendant was previously charged with possession of marijuana and sought deferred sentencing under MCL 333.7411(1), which provides that “[w]hen an individual who has not previously been convicted of [a controlled substance offense] pleads guilty to .”
People v. Giovannini, 722 N.W.2d 237 (Mich. Ct. App. 2006). “” MCL 333.7411(1); MSA 14.15(7411)(1). The omission of similar language from the YTA indicates that the Legislature did not intend to exclude youthful offenders with more than one conviction from participation.”
United States v. Petros, 747 F. Supp. 368 (E.D. Mich. 1990). “§ 333.7411, the Michigan “First Offender Statute”, invalid for purposes of the enhanced penalty provisions of 21 U.”
— Mich. Comp. Laws § 333.7411(2) — 4 cases
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). “We are asked in this case to determine whether a person who was charged with a drug felony and successfully employed the provisions of MCL 333.7411 is considered to be a convicted felon for purposes of obtaining a concealed pistol license.”
People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). “The trial court granted all three defendants deferral status under MCL 333.7411 and placed them on probation for six months.”
In re Klocek, 805 N.W.2d 213 (Mich. Ct. App. 2010). “Because it was a first offense, the defendants were allowed to participate in a diversionary program under MCL 333.7411. Benjamin, 283 Mich App at 527 .”
Carr v. Midland Cty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2004). “We are asked in this case to determine whether a person who was charged with a drug felony and successfully employed the provisions of MCL 333.7411 is considered to be a convicted felon for purposes of obtaining a concealed pistol license.”
— Mich. Comp. Laws § 333.7411(2)(a) — 1 case
People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). “The trial court granted all three defendants deferral status under MCL 333.7411 and placed them on probation for six months.”
— Mich. Comp. Laws § 333.7411(2)(b) — 1 case
People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). “The trial court granted all three defendants deferral status under MCL 333.7411 and placed them on probation for six months.”
— Mich. Comp. Laws § 333.7411(3) — 1 case
People of Michigan v. Lawrence Charles Scribbling (Mich. Ct. App. 2014).
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