Criminal Justice (Drug Policy)

HB 5105 modifies Michigan's sentencing rules for marijuana possession offenses under the Public Health Code. It lowers penalties for most possession amounts, reclassifying some as misdemeanors (e.g., 1-5 kilograms or 50-100 plants becomes a misdemeanor punishable by up to 1 year in jail or a $20,000 fine). For larger amounts, it reduces maximum prison terms (e.g., 45+ kilograms now carries a max 10-year felony instead of 15 years). The bill directly affects individuals convicted of marijuana offenses under current law, altering sentencing based on quantity. It is pending in committee after introduction on October 22, 2025.

SB 432 expands probation eligibility for certain major controlled substances offenses (excluding heroin, fentanyl, carfentanil, and their derivatives) that were previously ineligible under Michigan law. It allows courts to delay sentencing for up to one year to enable defendants to participate in drug treatment programs, requiring the court to document the reason for the delay in writing. The bill establishes a monthly supervision fee of $30 (without electronic monitoring) or $60 (with monitoring), capped at 12 months, which can be paid in installments or waived for indigent individuals. This applies to adult defendants not subject to juvenile probation.