Editorial: Punishment for violation of minor in possession law does not fit the crime


Let us be clear: We do not endorse the consumption of alcohol by people under the age of 21.

However, underage drinking is a reality of university life. Not just here, not just today. It has always been — for generations.

Minor in possession citations are handed out to Central Michigan University students every week. Mount Pleasant police say their department issues between 300 and 400 citations each year.

Each semester, thousands of underage CMU students drink illegally. Most of them do not get caught.

For some who do, the consequences are steep.

Under state law, a first time minor in possession offender faces a $100 fine and is charged with a misdemeanor. A second is a fine of up to $200 a possible 30 days in jail and another misdemeanor charge.

That punishment does not fit the crime.

State Sen. Rick Jones, R-Grand Ledge, has extensive background in law enforcement and introduced a bill that would change first-offense MIPs from a criminal misdemeanor to a civil infraction. Under his revision, a misdemeanor would be given only after a third offense.

On March 3, the State Senate passed Bill 332. We encourage Michigan’s House of Representatives to take the next step, by passing it. Gov. Rick Snyder should then sign it into law.

Jones says the current law is inconsistent and depends on prosecutor discretion. We agree.

There are 83 counties in Michigan. That means there could be 83 different standards for what the appropriate punishment should be for an MIP.

A misdemeanor on your record can affect someone’s ability to get a job, scholarship or car loan.

It is absurd to leave something as potentially harmful to a young person’s life and reputation up to the mood of a bureaucratic official.

A teachable moment should not be one that follows you for the rest of your college career and beyond.

The House should consider a precedent on an issue closely related to this one. The state’s medical amnesty laws often come into effect when a call for help is made to aid an underage person who has had too much to drink.

We favor a less punishment-heavy approach based in common sense.

We encourage you to e-mail your local state rep, and lobby them to vote in favor of Bill 332. Send your thoughts to opinion@cm-life.com as well. We’d be happy to publish your letter to lawmakers.

Laws can and should change over time. On the topic of underage drinking, they have — wildly.

Michigan once lowered the legal drinking age to 18 in 1972 before the National Minimum Drinking Age Act of 1984. MIP became a misdemeanor in Michigan in 1995.

Our state’s legislative branch should support a society that favors modernized regulations and laws.

This is a question of fairness. The punishment for a minor in possession charge in Michigan should fit the crime. 

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