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Free those unlucky enough to get caught January 15, 2019
In November 2018, the people of Michigan overwhelmingly voted to legalize marijuana for recreational use, passing Proposition 1 by a margin of 55.9 to 44.1%. The next step is to correct the harm done in past years by the criminalization of marijuana. Anyone in prison for possession or sale must be freed as soon as administratively possible.
While it is true that they knew they were violating the law, those convicted were a small percentage of users and sellers. They were the ones unlucky enough to get caught. The reason that most didn't get caught was that it was a victim-less crime. No one was hurt, so no one was calling for justice and it didn't come to the attention of law enforcement. For every user or seller punished, there were many of us who did the same thing and suffered no consequences. A 2016 University of Michigan survey found that nationwide, nearly 80% of 55-year-olds tried marijuana sometime in their lives. (source)
Bills were introduced in the 2018 legislative session to free marijuana offenders if Proposition 1 passed. Senate Bill 1200 allowed persons convicted of marijuana possession - but not sale - to have those convictions set aside. House Bill 6508 required the release of prisoners convicted of the use, possession or distribution of marijuana. Neither bill passed, but they are expected to be reintroduced in the 2019 session.
Actually, no one is currently serving time for simple possession, according to Chris Gautz, Public Information Officer for the Department of Corrections. Seventy-three are there for possession plus another felony; eight of them might be eligible for a reduced sentence. Gautz didn't tell me how many were serving for manufacture/delivery, but Corrections' 2016 Statistical Report says there were 105.
In addition to freeing prisoners with marijuana convictions, those serving time for other offenses whose sentences were lengthened because of prior marijuana offenses need to be re-sentenced. In a December 15, 2016 story, I told how John Kelsey II was sentenced to 20-45 years in prison for fleeing and eluding in the first degree. He allegedly was the one being pursued by Ingham County Deputy Grant Whitaker in December 2014 when Whitaker lost control, crashed and died. The maximum sentence for fleeing and eluding in the first degree is 15 years. (Section 750.479a(5) of the Michigan Penal Code) However, because Kelsey was a "habitual offender", having three or more previous felony convictions, the law allowed a sentence of life or less. (MCL 769.12) Kelsey's three prior felonies occurred more than 13 years earlier (see Kelsey Record). Two - from an arrest in the year 2000 - were for possession of marijuana and fleeing the police. The third was in 2003 for selling marijuana. Two of those three felonies should be wiped from his record and his sentence should be reduced from 20-45 years to 15 years. Or less.
The people of Michigan have spoken and now every effort must be taken to make sure no one is serving time or being punished in any way at the hands of the state for past marijuana offenses. While the harm to these prisoners and their families is immeasurable, we know that it also costs taxpayers $35,000 a year to house a prisoner.
Send comments, questions, and tips to stevenrharry@gmail.com, or call or text me at 517-505-2696. If you'd like to be notified by email when I post a new story, let me know.
A comment from Le Roy Barnett of Grand Ledge:
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