Frequently Asked Questions

Questions

1. What does the initiative do?


2. How does this initiative change the definition of a drug kingpin?


3. What if a drug dealer doesn't fit the definition of a "major trafficker?"


4. Isn’t this law simply “de facto decriminalization” of drug use?


5. Does the initiative apply to all drugs, or just marijuana?


6. What will the new Drug Sentencing Commission do? Who will serve on it?


7. Who is eligible for diversion to drug treatment? Who is not?


8. Does the initiative provide a “carrot and stick” approach to treatment?


9. Isn’t drug use often just a symptom of greater problems, like lack of education or employment training? How can we treat the drug use without treating the underlying problems?


10. Will this initiative take money away from drug prevention and treatment programs now working in Michigan?

Answers

1. What does the initiative do?

The Michigan Drug Reform Initiative will, if enacted by voters this November 5th, establish a comprehensive drug sentencing system that sets appropriate sentences for drug traffickers and provides treatment to non-violent drug users. Specifically, the initiative will:

a) mandate a 20-year mandatory minimum sentence for drug kingpins and major drug traffickers (first part of Section 24);

b) establish a Drug Sentencing Commission that will construct sentencing guidelines for mid- and low-level drug dealers based on the offender’s criminal history and role in the crimes (second part of Section 24); and

c) provide court-ordered treatment instead of conviction or jail for certain non-violent drug users (Section 25).

To ensure that the diversion of drug users to treatment is effective, the initiative will appropriate $18 million to treatment programs. Investing in treatment is much more cost-effective than spending the same amount on simply recycling drug users through the criminal justice system.

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2. How does this initiative change the definition of a drug kingpin?

Current law defines a kingpin primarily by the amount of drugs seized by police.

The Michigan Drug Reform Initiative defines a kingpin (or major drug trafficker) by that person’s role in organizing and profiting from the crime, and sets a mandatory minimum prison term of 20 years. The initiative would also ban behind-the-scenes plea bargaining to avoid that sentence.

The initiative defines a kingpin as someone who earns or attempts to earn a net profit of at least $500,000 while leading, organizing or managing five or more people in a drug distribution scheme. For those who earn or attempt to earn at least $250,000 while managing five or more people, the 20-year mandatory minimum sentence is triggered when it is also shown that one or more aggravating factor applies, including using violence to further the distribution of drugs, having prior drug trafficking convictions, and using minors to distribute drugs.

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3. What if a drug dealer doesn't fit the definition of a "major trafficker?"

If prosecutors cannot prove that a drug dealer fits the initiative's definition of a "major drug trafficker," the offender will still get a stiff sentence based on the severity of the crime and his or her role. The length of a person’s sentence will be determined by factors like using a gun or committing violence, having a prior record of dealing, supervising or managing other dealers, using minors to distribute drugs, the amount of money at stake, the person’s age, and so on.

The initiative requires sentencing guidelines that “adequately punish violations of law, protect public safety, ensure that prison and jail space are used cost-effectively, preserve judicial discretion while reducing disparities in sentencing, promote the treatment and rehabilitation of substance-abusing offenders, and facilitate the successful re-entry of offenders into the community.”

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4. Isn’t this law simply “de facto decriminalization” of drug use?

No. The initiative ensures that the punishment fits the crime, whether the offender is a user, a street dealer or a kingpin.

Even for mere users, drug possession remains a felony, and the initiative provides them a choice — punishment under current law or court-supervised treatment. There is no “get out of jail free” card. People who do not meet the initiative’s clear criteria for eligibility will not even have the choice to enter treatment diversion — instead they will be sentenced under the new guidelines. And those who request treatment but do not follow through, or fail out of treatment, will get jail time — up to sixty days behind bars for first- and second-time drug use offenders (up to six months for repeat offenders).

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5. Does the initiative apply to all drugs, or just marijuana?

The Michigan Drug Reform Initiative applies to any illegal drug use offense, including but not limited to marijuana. Though its treatment provisions target users of cocaine, heroin and methamphetamine, who have the greatest treatment needs, the initiative also applies to other drugs, including, for instance, the illegal abuse of prescription drugs.

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6. What will the new Drug Sentencing Commission do? Who will serve on it?

The initiative establishes a 25-member Drug Sentencing Commission to develop a comprehensive and fair system for sentencing middle- and low-level dealers. The commission will also set up a drug treatment diversion program for non-violent drug users (see Section 25).

The initiative provides that the governor and the legislature appoint the commission, which will be made up of a diverse group of experts, including judges, prosecutors, criminal defense lawyers, doctors, and drug treatment specialists. The members are appointed for a limited term, and commission is directed to meet at least twice a year.

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7. Who is eligible for diversion to drug treatment? Who is not?

The initiative creates an expert committee from within the Drug Sentencing Commission to develop the treatment diversion program in Section 25. The committee’s final plan must be approved by the full commission. The initiative sets up the eligibility criteria as follows:

Always eligible: First- or second-time offenders charged with illegal drug possession for personal use — and no other distinct crimes. A person can request treatment at any time from arrest and arraignment through conviction and sentencing.

Never eligible: A person convicted of, or with pending charges for, trafficking, manufacturing or distributing illegal drugs; a person who committed a violent felony within the previous five years or was in prison for committing a violent crime; or a person caught driving under the influence of alcohol or illegal drugs.

Eligible only with the court’s approval: A repeat drug offender, meaning a person with two or more drug charges after enactment of this measure; or a person caught committing a non-violent crime in addition to drug possession.

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8. Does the initiative provide a “carrot and stick” approach to treatment?

Absolutely. The initiative combines a comprehensive treatment program, the prospect of benefits (like dismissal of criminal charges upon successful completion), and the threat of jail time for those who fail out of treatment.

Each person entering treatment under the initiative’s program will be supervised by a range of people who are trying to steer the person toward success. If a person uses drugs again while in treatment, the initiative provides for the court to impose sanctions or tighten up the treatment program. Beginning with the third relapse, the judge can jail the person for a short time as a “wake-up call,” or even remove the person from treatment entirely and terminate the program, jailing the person for up to two months, or up to six months in the case of repeat offenders.

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9. Isn’t drug use often just a symptom of greater problems, like lack of education or employment training? How can we treat the drug use without treating the underlying problems?

The Michigan Drug Reform Initiative was written with full recognition of the complexity of problems people face in addition to drug abuse and addiction. The goal of the initiative is, in fact, to treat the whole person, and not just symptoms like drug abuse.

When a treatment plan is designed for each person, it will include recommendations for necessary literacy training, vocational training, family counseling and similar services that can help address problems underlying drug abuse. All of these programs — not just drug counseling — become part of the required treatment regimen, and the funds provided in the initiative will go to pay for these services.

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10. Will this initiative take money away from drug prevention and treatment programs now working in Michigan?

No. One provision of the initiative guarantees that the new money provided for treatment programs will be spent above and beyond pre-existing funding for treatment. In fact, the initiative requires the state government to restore funding levels in place in fiscal year 2000-2001 for drug treatment, prevention and related rehabilitation programs. This provision guarantees that the initiative’s programs will be added to current programs, and this year’s expected budget cuts to treatment will be reversed.

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