Gongwer News Service

Prisoner possession of a controlled substance is not a strict-liability offense, the Michigan Supreme Court ruled on Monday, reversing the Court of Appeals.

The court in People v. Tadgerson (MSC Docket No. 165678) relied on the 2015 passage of MCL 8.9, which the majority opinion said significantly reduced the number of strict-liability offenses.

Additionally, the court disagreed with both the trial court and the Court of Appeals, which ruled that MCL 800.281(4) imposed strict liability on prisoner possession.

Further, the court ruled prisoner possession of a controlled substance requires proof of "intent, knowledge or recklessness."

Justice Kyra Harris Bolden wrote the opinion, which was signed by Chief Justice Megan Cavanagh, Justice Richard Bernstein, Justice Elizabeth Welch and Justice Kimberly Thomas.

Justice Brian Zahra wrote a dissent, and Justice Noah Hood did not participate as he was not on the bench when the case was argued.

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