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People v. Sinclair

387 Mich. 91, 194 N.W.2d 878 (1972)

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People v. Sinclair

Michigan Supreme Court
387 Mich. 91, 194 N.W.2d 878 (1972)

Facts

Political activist John Sinclair (defendant) gave two marijuana cigarettes to a pair of police officers who had conducted a months-long undercover investigation of suspected illegal narcotics activity in the area surrounding Wayne State University. Sinclair was convicted of unlawful possession of marijuana and was sentenced to nine-and-a-half to 10 years in prison pursuant to Michigan Compiled Laws Annotated (MCLA) 335.151, a Michigan statute that classified marijuana as a narcotic drug. The court of appeals affirmed Sinclair’s conviction, and Sinclair appealed to the Michigan Supreme Court, arguing that MCLA 335.151’s classification of marijuana as a narcotic violated Sinclair’s equal-protection rights. Before the Michigan Supreme Court issued its decision in the matter, the Michigan legislature passed the Controlled Substances Act of 1971, a statute that reclassified marijuana as a distinct type of substance and significantly reduced the penalties for marijuana-related offenses. The Michigan Supreme Court issued a per curiam decision reversing Sinclair’s conviction. Rather than issuing a majority opinion, the justices issued separate concurring opinions.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Brennan, J.)

Concurrence (T.G. Kavanagh, J.)

Concurrence (Williams, J., joined by T.M. Kavanagh, C.J.)

Concurrence (Swainson, J.)

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