Michigan Minor in Possession Law

New Legislation Would Make Minor in Possession a Fine Instead of a Crime

Senator Rick Jones has introduced a bill that aims to modify the penalties young people encounter when drinking under the legal age of 21. Should SB 0332 get passed, the charge of ‘minor in possession would be amended from a punishable crime to a civil infraction. In other words, no more jail time for underaged drinkers.

For those of us who have left that pivotal age behind in the pages of our personal histories, we may find ourselves asking the question: why? Why would anyone want to modify this law to make underaged drinking less of a crime. After all, wouldn’t that be the same thing as saying that it “wasn’t all that bad” for teenagers to get drunk?

But that, according to Senator Jones, is not the point here. Jones is a former Sheriff and says that he does take the issues of alcohol abuse and underaged drinking very seriously. But that is no reason to overreact.

The real issue here, Jones claims, is that minor in possession charges are clogging up the courts. When explaining his proposal recently, Jones said that he had been told by a number of prosecutors that minor in possession charges happen so regularly, and are a huge waste of the court’s time.

Misdemeanor on record affects persons future job prospects

In addition, he explained, the long term effects on a young person’s life far outweighs the severity of the crime. “Young people have found that having a misdemeanor on their record prevents them from getting college scholarships, sometimes getting into college, and certainly it affects future job prospects.”

Another factor, according to Jones, is the issue of “undetectable” alcohol replacements. Several parents have apparently confided in him the fact that more and more students are considering other drugs instead of alcohol nowadays. Why, you wonder? Because the current law requires that officers demand a breathalyzer test for all minor in possession suspects.

On that logic, more and more students are apparently turning to drugs that won’t be detectable on a Breathalyzer test in order to have a good time. By adopting the law, it will make Breathalyzers optional instead of a requirement.

Should the new bill pass, Michigan’s minor in possession laws would change, doing away with the jail time and keeping only the fines. As the bill now stands, a minor in possession charge, first time around, would be punishable by a fine of up to $100. Second time around the fine goes up to $200. But if there is a parole violation or something similar in the mix, the result could be 30 days in jail.

Jones did not demand a vote at the most recent Senate hearing, but instead suggested that the issue be discussed and minor adjustments be made to the bill in order to gain votes from opposing Senators.

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