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Jan
10
2012
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Posted 129 days ago ago by Rich Migala  0 Comments
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Recently the University of Michigan released a study showing that young people in Michigan are reducing their level of alcohol abuse or misuse but at the same time increasing their use of marijuana. The study found young people view marijuana use as less detrimental or criminally harmful and more acceptable socially than drinking.
From a criminal law perspective that view couldn’t be further from the truth. Certainly it is more difficult for a police officer to determine if a person is under the influence of marijuana than being intoxicated or impaired by alcohol, so from that standpoint their view may have merit. But when you compare the criminal penalties or sanctions for possession of marijuana versus those for a minor in possession of alcohol, the difference is dramatic and draconian.
The first offense penalty for minor in possession of alcohol is a maximum one hundred dollar fine. No potential jail time, no license suspension. First offense possession of marijuana carries a possible sentence of one year in jail, maximum two thousand dollar fine, and a mandatory six month license suspension.
A second offense comparison is even more startling. Second offense MIP carries a maximum two hundred dollar fine, possible thirty day jail sentence (under very limited circumstances), and ninety day license suspension. A second offense possession of marijuana conviction is a two year felony, maximum fine of four thousand dollars, and a mandatory one year license suspension.
A first offense possession of marijuana arrest that takes place in a public park is potentially a two year felony. Even a first offense use of marijuana conviction is a 90 day misdemeanor.
The laws in Michigan clearly treat those in possession of marijuana much harsher than a minor who uses alcohol. While young people may view using marijuana as more socially acceptable, they should also understand that it carries a much higher risk of going to jail, having their license suspended, paying an exorbitant fine, and having a felony on their record.
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