MIX-UP THREATENS DRUG SENTENCES

75 may have received harsher punishment in Ecstasy cases.

MT. CLEMENS -- About 75 people serving probation or jail time on drug
violations in Macomb County may have received harsher sentences than they
deserved because county prosecutors overcharged them by misinterpreting
state law.

Since March of last year, the Macomb County Prosecutor's Office has been
charging people found with the party drug Ecstasy under methamphetamine
laws. Prosecutors thought Ecstasy was a variant of methamphetamine.

Ecstasy actually is listed with a different family of drugs under state
law, and possession carries a maximum two-year prison sentence. A
methamphetamine charge can carry a maximum prison sentence of up to 10 years.

Prosecutors discovered the flap after a defense attorney brought it to
their attention earlier this month. They call the situation an embarrassing
mishap. But prosecutors contend the problem can easily be corrected because
most of the defendants convicted under methamphetamine laws received
probation anyway, and those sent to jail had criminal histories.

"If they would've been eligible for probation, they would've gotten it,"
said Assistant Prosecutor David Portuesi, head of the office's drug crimes
unit, which is responsible for the mix-up.

Portuesi said only five or six people were sent to jail or prison since
2001 on methamphetamine charges. They all had criminal histories.

However, at least one defense attorney contends the misinterpretation of
the law may have led to harsher, longer probation sentences in some cases.
Paul Stablein said it also may have prevented some people from applying for
a first-time offenders status that allows defendants to clear their record
if they stay out of trouble.

"The court looks a lot differently at someone charged with a 20-year felony
than they do at someone with a seven-year felony," said Stablein, the
attorney who discovered the overcharging after one of his own clients was
charged with possessing methamphetamines even though he had Ecstasy.

Scientifically, drug experts say Ecstasy and methamphetamines are very
similar. Both are stimulants and often appeal to teen-agers. But Ecstasy
has hallucinogenic properties and often gives people a heightened sense of
euphoria.

Portuesi said he's already amended half the cases in which defendants were
overcharged and is in the process of contacting the remaining defense
attorneys. He said it'll be up to judges involved to amend any sentences,
if necessary.

(SIDEBAR)

Sentencing Guidelines

Sentencing guidelines vary in Michigan for people convicted of possessing
methamphetamine and Ecstasy, especially under harsher laws passed last
year. Maximum sentences are:

Possession

* Methamphetamine: 10-year felony
* Ecstasy: 2-year felony

Possession With Intent To Deliver

* Methamphetamine: 20-year felony
* Ecstasy: 7-year felony

Source: Macomb County Prosecutor's Office