Washtenaw County prosecutor will no longer charge marijuana or entheogenic plant cases; will support expungement of old criminal convictions

Ann Arbor – Washtenaw County Prosecutor Eli Savit—who took office Jan. 1—on Jan. 12 announced his office would no longer charge cases related to the use, possession, or small-scale distribution of marijuana or entheogenic plants (naturally occurring psychedelics). In addition, Savit announcedhis office would support the expungement of old criminal convictions arising from marijuana or entheogenic-plant offenses.

In a pair of policy directives, Savit emphasized the racially disproportionate consequences of the War on Drugs, as well as “pharmacological effects” of both substances.

“America’s long experiment with cannabis criminalization has failed,” the marijuana policy reads. “For nearly 100 years, cannabis has been functionally illegal in the United States—tethering countless Americans to the criminal justice system, and imposing severe collateral consequences.”

“The costs of cannabis criminalization, moreover, have not been borne equally,” the policy continues. “Instead, those costs have been borne disproportionately by Black and indigenous people of color.”

The policy notes Michigan has “positioned itself as a leader in the marijuana legalization movement.” In 2018, voters enacted Proposal 1, a ballot initiative that legalized the use and possession of small amounts of marijuana for recreational use. But the directive emphasizes Proposal 1 still “results in some arbitrariness”—since people can still face criminal consequences for possessing too much marijuana.

“Cannabis,” the policy continues “is as safe as alcohol. It is therefore no more appropriate to charge someone for having ‘too much’ marijuana’ than it is to charge someone for having ‘too many’ bottles of wine.” Accordingly, the new directive provides “the Prosecutor’s Office will decline to file criminal charges for the use or possession of marijuana—whatever the amount at issue.”

The policy directive also notes that, unlike in other states, the legalization of marijuana in Michigan did not provide for automatic expungement of old marijuana-related records.

“Simply put,” the policy directive reads, “people should no longer bear the stigma of a criminal record for activity that is no longer a crime. Accordingly, the Washtenaw County Prosecutor’s Office will not contest any application for expungement where the underlying offense was for use, possession, cultivation, or distribution of marijuana.”

The entheogenic plant directive notes that in 2020, Ann Arbor’s City Council “unanimously adopted a resolution declaring the use, growth, possession, and distribution of entheogenic plants to be ‘the lowest law enforcement priority for the City of Ann Arbor.’” Given that entheogenic plants are “functionally decriminalized in Washtenaw County’s largest city,” the directive notes that “it would be capricious to continue pursuing entheogenic-related charges originating in other parts of the county.”

“More fundamentally,” the policy continues, “prosecuting entheogenic-plant use or possession is not in the interest of justice.” The policy notes that entheogenic plants are not generally addictive, do not present a significant risk of a fatal overdoes, and are not associated with violent behavior.

 The directive also provides that the Prosecutor’s Office would not contest the expungement of old entheogenic-plant-related convictions.

Under the directive, criminal charges may still be filed against large-scale enterprises who are distributing controlled substances in violation of health and safety standards, or who are distributing such substances to children. The Prosecutor’s Office will also continue to file charges for operating a motor vehicle under the influence of a controlled substance.

“For far too long, the War on Drugs has imposed severe and unjust criminal consequences on  communities—particularly communities of color,” Savit said. “Today’s directives are a first step in moving past that troubling legacy.

“Many of us know people who have used substances like marijuana or psychedelics without facing criminal consequences. We should no longer continue to perpetuate the cruel roulette wheel that imposes criminal consequences only on an unlucky few.

“Equally important is that we allow those with old convictions to get their lives back on track. A criminal conviction can impact a person’s ability to get a job, obtain housing, or continue their education. For that reason, we will no longer be contesting expungement for marijuana or entheogenic-related offenses.”

The full policy directives are available to view at https://www.washtenaw.org/DocumentCenter/View/19154/Cannabis-and-Marijuana-Policy (cannabis and marijuana) and https://www.washtenaw.org/DocumentCenter/View/19155/Entheogenic-Plants-Policy (entheogenic plants). Savit pledged his office’s policy directives will be made publicly available.