Last year Michigan Senator Rick Jones, a Republican from Eaton County, introduced a somewhat controversial bill that aimed to modify the penalties young people encounter when drinking under the legal age of 21. The bill, if passed into law, would change underaged drinking from a criminal charge to a civil infraction, like a speeding ticket. That would mean no jail time and no criminal record for offenders.
Is this a good idea? Not everyone thinks so. Michigan State Representative Marcia Hovey-Wright has expressed concern that this will simply make underaged drinkers think that they can buy their way out of trouble. An invitation, in a way, to not take the issue seriously. Senator Tonya Schuitmaker, who opposed the bill right from the start, believes that it will actually promote underaged drinking among teens. Some have even said that Jones is going “soft.”
But Senator Jones. a former Eaton County Sheriff, says that he does take underaged drinking and alcohol abuse very seriously. These bills, he insists, aren’t about being “soft on underaged drinking,” but rather about clearing court dockets. Minor in possession charges are clogging up the courts, Jones explained, when introducing this bill last year, which many prosecutors believe is a huge waste of the court’s time and of taxpayer dollars.
Another factor which Jones believes is of equal importance, is the impact that a criminal charge can have on a young person’s life. Giving a young person a criminal record will negatively impact them for the rest of their life, affecting both their ability to get a good job and their familial relations. Because “criminalizing someone for having a beer” Jones says, is just outrageous
The bill (SB 332-333) passed the Michigan Senate earlier this year in March and was then referred to the House of Representatives Criminal Justice committee. Several months later, they have just been passed by the Criminal Justice Committee and will now move to the full Michigan House of Representatives for consideration.
If signed into law, these bills would change the first Minor in Possession infraction from a punishable crime to a civil infraction. This means that anyone under the age of 21 caught with alcohol would be faced with a $100 fine instead of a potential 90 day jail sentence and a $500 fine. A second offense would remain a misdemeanor crime punishable by up to 60 days in jail and a $500 fine.
The criminal defense lawyers at The Kronzek Firm point out that people under age 21 can possess marijuana if they have a card, but they can’t possess a glass of beer under any circumstances. That seems ironic to us.