Criminal Justice (Sentencing)

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.

HB 5126 creates new sentencing guidelines specifically for theft of cargo offenses in Michigan. It amends Michigan's Code of Criminal Procedure (MCL 777.16r) to establish distinct sentencing parameters for cases involving the theft of cargo, which currently lack specific guidelines. The bill directly affects courts, prosecutors, and defendants in cargo theft cases by providing clearer sentencing standards for these offenses. This is a procedural change to sentencing guidelines, not a new criminal charge or penalty. The bill was introduced on October 23, 2025, and referred to the Judiciary Committee.

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.

SB 256 amends Michigan's criminal sentencing guidelines to reduce penalties for tampering with utility services (like electricity or water) that could shut off a residence. It specifically changes sections 777.16o and 777.16s of the Michigan Penal Code to reflect that certain utility tampering acts are now decriminalized, shifting them from criminal offenses to civil or administrative matters. The bill directly affects individuals who might interfere with utility services to a home, such as low-income residents attempting to avoid shutoffs. This change removes potential criminal charges for these specific acts while maintaining safety and service protections.