When someone passed you a joint at a Kid Rock concert at Pine Knob and you inhaled it, or not, then passed it to another did you realize you committed a felony? It is in Michigan where delivery of a drug to another is illegal and it does not matter whether it was for a profit. Specifically, Michigan law forbids the knowing delivery of any controlled substance to another. For marijuana, it is a four (4) year felony. Delivery of less than 50 grams of cocaine is a twenty (20) year felony. Why?
Because the Michigan legislature wants to make policing and criminally prosecuting drug dealers easy. If the police had to show an actual sale or exchange of money took place it would make their job even harder. Practically, the police and prosecutors typically do not charge someone with a felony for passing a joint, bowl or bong to another in a social setting. That is not the behavior that the law was intended to outlaw. But what if the police get carried away or simply make a mistake? Legally, in Michigan, it may not matter. The trend regarding marijuana in this country may force Michigan to make a change.
This is what happened in Massachusetts. At Boston Common they have an annual pro marijuana rally called the “Boston Freedom Rally” aka Hempfest much like Ann Arbor’s Hash Bash. At Hempfest, just like at Hash Bash attendees publically smoke marijuana with each other. Boston police watched Kiiyan Jackson share a joint with her friends which led to a search of her backpack. The police found 10 small bags of marijuana. Kiiyan was prosecuted for possession of marijuana with the intent to distribute. In a liberal and critical April 2013 decision the Massachusetts Supreme Judicial Court ruled that “the social sharing of marijuana is akin to simple possession, and does not constitute the facilitation of a drug transfer from seller to buyer”
In 2008 the State of Massachusetts legalized the possession of one ounce of marijuana. Public consumption of marijuana became a civil infraction and not a criminal misdemeanor. Therefore the Supreme Court stated that the police cannot justify a search based upon the observation of several individuals sharing marijuana in a social setting.
The same Supreme Court also threw out gun possession charges when the Boston Police stopped a vehicle and searched the car based upon the fact they smelled marijuana and the driver admitted to its possession.
The current trend across the country is pro marijuana. Every year more states adopt medical marijuana laws. Two states recently out right legalized small amounts of marijuana. As conservative as our Michigan Supreme Court currently is, when it comes to marijuana, Michigan voters are not. It is only a matter of time before Michigan’s courts and legislature recognize and follow the conscious of its constituents and of a majority of Americans.
