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Music Festival Mayhem: How to Navigate Open-Container and Possession Arrests at June Events in Michigan

Michigan’s summer music scene is legendary. From Electric Forest and Movement to small-town weekend jam fests, the energy is electric. But while the beats are high and the vibes good, law enforcement shows up just as strong—especially when it comes to open-container laws and drug possession. If you or someone you know has been ticketed or arrested at a music festival in Michigan, understanding what you’re up against is crucial. Let’s break down Michigan’s legal landscape surrounding these charges and how to protect your future.

Open Container Laws in Michigan

Michigan’s open container law is straightforward, but easily misunderstood—especially in a party atmosphere like a music festival. MCL 257.624a makes it a misdemeanor to transport or possess an open container of alcohol in a motor vehicle that is on a public highway, including festival parking lots if the lot is accessible to the public road.

What Counts as an “Open Container”?

Legally, an open container includes:

  • A previously opened bottle or can of alcohol;
  • A flask filled with alcohol;
  • A cup or tumbler containing any alcoholic beverage.

It does not matter if the driver was drinking, or if the alcohol was technically finished. If the container isn’t sealed, you’re at risk of a ticket—or worse.

Penalties for an Open Container Violation

  • Up to 93 days in jail
  • A fine up to $500
  • 2 points on your Michigan driver's license
  • Possible driver responsibility fees and probation

Bottom line: It’s more than a slap on the wrist. Music festivals often mean cramped car camping, tailgating, and drinks in coolers. All of that can expose you to charges if you’re not careful where and how you drink.

Marijuana and Drug Possession at Festivals

Yes, recreational marijuana is legal in Michigan for adults 21 and over—but that doesn’t mean it’s a free-for-all at festivals held on public property, city parks, or state-run venues. The nuances here trip up a lot of festivalgoers and result in possession charges that can seriously derail your summer plans—and your record.

Where Can You Use Marijuana?

Under Michigan’s Regulation and Taxation of Marijuana Act (MRTMA), marijuana use is only legal:

  • On private property with the owner’s permission
  • Inside a private residence or designated consumption area (rare at festivals)

So even if the festival is 420-friendly, city or township law enforcement may have a different opinion. If use occurs in a tent visible to the public or law enforcement, it can be treated as public use, which is still illegal.

Possession on Federal or State Land

This one’s big. If the festival takes place on federally owned or state-managed land like a park or campground, marijuana remains prohibited. That means even a small amount can get you slapped with criminal charges.

Other Substances: Controlled Substances Charges

Dozens of festival arrests every year involve MDMA (Ecstasy), LSD, ketamine, shrooms, and prescription medications like Adderall or Xanax. If you don't have a valid prescription in your name, you’re now looking at felony possession under Michigan law.

Penalties Based on the Substance

  • Schedule I or II Substances (MDMA, LSD, Cocaine): Felony charges, up to 4 years in prison for possession under 25 grams, plus fines up to $25,000
  • Prescription Drug Possession Without Valid Script: Misdemeanor, up to 1 year in jail and fine of $1,000
  • Marijuana Possession Over the Legal Limit (more than 2.5 ounces): Civil infraction or misdemeanor depending on facts

The biggest mistake is assuming officers will “go easy” at a festival. In reality, Michigan police are regularly assigned to patrol festivals aggressively, often undercover or in plain clothes, looking exactly for this sort of behavior.

What Happens If You’re Arrested At a Festival

First, don’t panic—being respectful and calm can go a long way. But you also don’t want to give up your rights. Michigan law gives you the right to remain silent and ask for an attorney. You don’t have to explain what you had in your pocket or justify why a bottle was open in the backseat.

The Process Usually Works Like This:

  1. You’re detained or handcuffed on-site after suspected possession or open container violation
  2. Officers may issue a citation and release you (more common for marijuana or open container), or you may be taken to county jail and booked
  3. You’ll be scheduled for arraignment—this usually happens within a few days if you’re in custody, or 2-3 weeks by mail if you’re released

Common Courts for Festival Arrests

Many festivals happen in western Michigan counties like Muskegon (Electric Forest) or Washtenaw County (Ann Arbor Summer Fest). Your case will likely be heard in a local district court depending on where you were arrested. These include:

  • 60th District Court in Muskegon
  • 14-A District Court in Washtenaw
  • Ottawa County 58th District Court

Make sure you appear. Failing to show can turn a simple misdemeanor into a bench warrant and serious trouble.

Common Defenses for Festival Arrest Charges

If you’re facing a charge from a Michigan music festival, you still have options. Every case is unique, but here are a few defenses that could apply:

  • Lack of Knowledge: For possession, the prosecution must prove you knowingly possessed the substance. Being near illegal substances is not the same as owning them.
  • Illegal Search: Police need probable cause to search your bag, tent, or person. If they didn’t have a warrant or legal reason, the evidence may be thrown out.
  • Substance Testing: Sometimes the police claim something is a controlled substance, but don't test it properly. Your attorney can challenge that.
  • Medical Marijuana Card: If you have a valid card under Michigan's medical marijuana program, that may provide a defense depending on location and quantity.

The sooner you hire a defense lawyer, the sooner evidence can be preserved and recording requested. Time is not on your side once the court system gets ahold of your case.

How to Get Help After a Festival Arrest

The vibe at a music festival should not land you with a permanent criminal record. If you were arrested or cited in Michigan for open container or drug possession—especially at a summer music event—we can help. At Boria Law, we’ve handled festival cases with outcomes ranging from full dismissals to non-criminal resolutions like 7411 deferrals for drug possession and MIP dismissal programs.

Attorney Aaron J. Boria knows how prosecutors handle these cases and what judges expect. We’ll review the evidence, talk about your options, and aggressively defend your rights while keeping your record in mind. In fact, protecting your criminal record is often our number one priority.

Contact Boria Law at (734) 453-7806 for a free consultation today. We're available for in-person meetings or remote consultations depending on your location. Don’t let one night out turn into years of damage to your reputation or your future.

Conclusion

Music festivals in Michigan are meant for dancing, community, and making memories—not scrambling for a legal defense. But when law enforcement oversteps or you make a mistake, the consequences can be lasting. Open containers, drug possession, or even alleged paraphernalia can lead to criminal charges, jail time, and long-term collateral damage.

Understanding the law is the first step. Knowing your rights is the second. Hiring an experienced Michigan criminal defense lawyer may be the most important of all. Whether you’re facing a minor ticket or a felony, we’ll fight to keep your record clean and help you move forward.

Call (734) 453-7806 for a free case evaluation. We defend clients across Michigan and have successfully handled dozens of music festival-related arrests. Let us help you get back to enjoying the music—with peace of mind.