Lansing Passes 2017 PA 265 Removing Automatic Mandatory Life Sentencing for Drug Offenders

On December 28, 2017, the Michigan Legislature as well as Governor Snyder sent 2017 PA 265 to the Secretary of State for entry into the Michigan Compiled Laws. The Public Act offered to change a variety of provisions of the State's criminal laws. The most significant change, however, was an amendment to M.C.L. § 333.7413( 1) and (2 ). Those areas imposed added charges upon individuals convicted of a second narcotics-related offense. While the demand for a sentencing improvement for 2nd or subsequent wrongdoers whatsoever is open for debate, the regulation, before the passage of the bill, needed the imposition of mandatory life sentence, without the opportunity of parole, for a second offense of possession with intent to supply more than 50 grams of cocaine, or, about 2/5 the weight of a bar of Dove Soap.

The Old Plan: Under the present law, which will not much longer be in effect after March 28, 2018, if an individual has ever before been founded guilty of a narcotics associated infraction involving 50 grams or more of an illegal drug, a second sentence, under the old variation of the statute, enforced a required life sentence without the opportunity of parole. The only other criminal offense in Michigan that has such a sentence is First Degree Murder. Put simply, the legislation, prior to this modification, treated two sentences for possessing with the intent to sell or provide, really supplying, or producing 50 grams of cocaine or an equivalent, in the same manner as a premeditated murder, or killing a law enforcement agent in the line of duty. The old scheme was set up in the 1980s, specifically, the statute M.C.L. § 333.7413 was last modified in 1988, when the US Governments, as well as the States, were in the middle of the "War on Drugs" and also were instituting serious penalties for all narcotics related offenses. Since that time, the majority of States, and the Federal Government, have reduced penalties for certain, low-level drug offenses, even for repeat culprits. Michigan's old repeat drug offender sentencing provisions had not caught up with the brand-new plan.

The New Scheme: Under the new variation of the bill, the repeat narcotics wrongdoer sentencing provisions have actually been modified and also reduced. Most importantly, the mandatory lifer stipulations regarding narcotics offenses have actually been removed. To put it simply, a person founded guilty of a 2nd or succeeding drug infraction can no longer be punished to life without the opportunity of parole. Instead, the second or subsequent violation can subject the individual to a maximum sentence of up to two times that otherwise imposed by the law. Given the prolonged sentences that are imposed for possession with intent to deliver cocaine, delivery of cocaine, and production of cocaine, those double-time sentences can still be significant, yet there is no mandatory life imposition, and also there is the opportunity of a probationary sentence instead of prison, as well as eligibility for parole. These are substantial and crucial changes for anyone that is facing charges for narcotics-related offenses, and an important development that any type of criminal defense lawyer managing these situation ought to know about. The brand-new adjustments to the law will certainly become effective on March 28, 2018. The legislation does not indicate whether it will be applicable retroactively or not, though typically, such laws are not considered to apply to cases that were closed prior to implementation.