No, MM Report readers, this column is not an April Fool’s joke.
Effective April 1, 2021, police in Michigan will now be required to issue an “appearance ticket” for a slew of misdemeanors, for which the penalty is one year in jail or less. Under the old rules, practically any misdemeanor (such as small time drug violations) meant the cuffs were on, your rear end was in the back of a squad car and you were on your way to the lock up. Under the new rules you now get the equivalent of a traffic ticket, requiring you to show up in court and face the charges.
For some reason this important development has not been treated as “news” in the mainstream media.
I found this out as Moderator of the Safer Michigan Coalition (SMC) listserve. SMC consists of 350+ cannabis reform activists, attorney’s, canna business persons, CPA’s, lobbyists and public policy makers. It is primarily a news feed for cannabis related media stories, legal and public policy developments. It is also a forum for respectful commentary.
One of our members monitors Michigan State Police news and legal updates. He came across this gem of information in the March 18, 2021 issue of the “Michigan State Police Legal Update.”
The publication reads: “Public Act 393 of 2020, effective April 1, 2021, amended MCL 764.9c to require persons arrested for certain misdemeanors and ordinance violations having a maximum penalty not exceeding 1 year in jail to be issued and served an appearance ticket and be released from custody.”
The bulletin goes on to say release is required “unless (1) issue of an appearance ticket is expressly prohibited...or (2) the officer is able to articulate the presence of one of the allowable circumstances authorizing the officer to take an arrested person before a magistrate and promptly file a complaint. MCL 764.9c(4)”
So what does this mean in plain English? What is “expressly prohibited” from getting an appearance ticket?
It means almost immediate incarceration for misdemeanor domestic violence, assaultive crimes, skipping bond, flashing a gun, stalking, breaking and entering, 4th degree child abuse and indecent exposure. If you are sloppy drunk driving a motor vehicle, fail to follow a “reasonable” instruction from a cop, or refuse to produce identification, nothing changes. You are still on your way to jail.
Beyond the kinds of misdemeanors noted above, if a cop does not issue an appearance ticket, the burden of proof is on the criminal justice system and it gives you a better shot at acquittal. A sympathetic judge could even dismiss the case. While one cannot collect damages solely for a cop’s failure to issue an appearance ticket, if other misconduct is present and you are found not guilty, your chances of prevailing in a police misconduct lawsuit are now magnified in your favor.
For me personally I get a chuckle of satisfaction from all this. For the record, I was arrested three times in my life. Each time I spent a night in the lock up. I have no official criminal record.
In 2001, I got into a verbal altercation with a cop and called the man an asshole when he was engaged in an illegal traffic stop. I was arrested for “disorderly conduct” housed in the lock up and my car was impounded. The case was so ridiculous, the City of Detroit Law department failed to prosecute the matter. The case was dismissed “with prejudice” (to the City of Detroit) therefore I was free to sue the City in Federal Court for false arrest. The City decided to settle and I cashed a check for $17,500
On another occasion, I was caught in a massive traffic jam at Detroit Metro Airport and they say I was spotted by a hidden camera toking on a roach. That led to my arrest, a trip to the lock up and a couple other charges. I refused to cooperate. In the end, the blood test for weed came up negative, and my blood alcohol content was under the legal limit. I pleaded out to refusing to take a PBT (Preliminary Breath Test), paid a $400 fine to Romulus District Court and my record was officially expunged.
Finally in 2010, I was parked on the side of I-94 near Jackson talking on the phone. It was a warm summer day and my car windows were open. I was so into the phone call with a reporter from M Live, I did not notice a state police car had pulled up. The cop walked up to my auto and spotted a flask containing a splash or so of Jack Daniels. I refused to cooperate, confess to any crime or take a PBT. As the drama continued, crude back and forth insults were exchanged by both parties. Among other things, I questioned the cop and his partner’s sexual identity. Comments like that may not have been helpful, but I figured I was screwed anyway, so what the hell. When all was said and done, the court ordered blood draw came up zero for drugs or alcohol. I paid a $300 fine for open intoxicants and the record was expunged.
I like to imagine these incidents could have been more easily resolved if the “appearance ticket” rule was on the books. Justice would still have been served for far less expense, rancor, and time for all concerned.
What does all this mean for cannabis aficionados reading this column, who happen to be growing a little too much weed or engaging in small time business transactions without a license? It means life will be easier in a law enforcement encounter.
“Any simple misdemeanor marijuana violation” now falls into the appearance ticket zone, explained prominent Benton Harbor defense attorney Daniel Grow. He went on to say that this package of legislation passed last year, dealt not only with appearance tickets, but also ended the practice of automatic loss of one’s driver’s license for a drug conviction. “Those days are over” explained Mr. Grow.
Lapeer cannabis defense attorney Bernard Joncuns, cautioned however that anything involving “drugged driving” or getting busted behind the wheel with THC in one’s system “is still dangerous and there’s no guarantee you will get an appearance ticket.”
“I’m sure the Michigan State Police are not happy about this,” Mr. Joncuns continued, “ but it is the result of too many years of police abuse. Young people in college towns, working persons and persons of color are going to benefit the most.”
So does this mean all cops are going to obey the spirit or letter of the law? Of course not.
However, it does mean those of us who pride ourselves in understanding our rights, can smile knowing we have another legal tool to work with-- and avoid becoming helpless victims.
Sometimes it takes a while for the system to change bad things in a positive way. On a karmic level though, the chickens eventually come home to roost.
