People v. Reuther

I agree with the majority except insofar as they find no merit to defendant’s argument that the trial court lacked authority to impose a probationary period in excess of two years. In my opinion, this assertion is meritorious. The issue of whether two-year misdemeanors are to be treated as felonies or misdemeanors has arisen in various contexts in this Court. None of this Court’s opinions, however, has affirmatively acknowledged what I perceive to be a split of authority on this particular issue.

By MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c) possession of marijuana with the intent to deliver is…