Plymouth-Canton Graduation Open House Parties: Social Host Liability for Michigan Parents

Late May and early June are graduation season for Plymouth-Canton Educational Park (the P-CEP campus shared by Canton, Plymouth, and Salem High Schools). Open houses, backyard parties, and pool parties run through the weekends — and so do calls to the police about noise, underage drinking, and after-party incidents.

If you are a parent hosting a graduation open house, Michigan's social host laws can put you — not just your guests — at legal risk.

Michigan's Social Host Statute

Under MCL 436.1701(2), it is a misdemeanor to knowingly allow a person under 21 to consume or possess alcohol on property you own, lease, or otherwise control — unless that person is your own child. The penalty for a first offense is a fine of up to $1,000 and up to 60 days in jail. A second or subsequent offense carries up to $2,500 in fines and 90 days in jail.

A related statute, MCL 750.141a, makes it a misdemeanor for an owner or occupant of a residence or premises to knowingly allow a "social gathering" where minors are consuming alcohol or controlled substances. A first offense carries up to 30 days in jail and up to $1,000 in fines.

Michigan also has civil social host liability under court decisions interpreting MCL 436.1701 — if you furnish alcohol to a minor and that minor causes an injury or death, you can be sued in civil court for damages.

Minor in Possession Penalties

Under MCL 436.1703, a minor who possesses or consumes alcohol commits a civil infraction for a first offense (fine up to $100, possible substance abuse education and community service). A second offense is a misdemeanor punishable by up to 30 days in jail (only under certain conditions) and a $200 fine. A third or subsequent offense is a misdemeanor with up to 60 days in jail and a $500 fine.

Practical Steps for Parents Hosting an Open House

• Do not provide alcohol to anyone under 21, even your child's friends, and even with parental "permission."
• Watch for guests bringing their own alcohol to the party.
• Consider checking IDs at the door if your event is large.
• Arrange rides or designate adult drivers in advance.
• If a guest appears intoxicated, take their keys and arrange a safe ride home.

If the Police Are Called

If neighbors or others call the police about a party at your home, be respectful and cooperative. You generally do not have to consent to a search of your home without a warrant, but the area visible from the street or driveway is fair game for officers' observations. Anything you say can be used against you. If you are arrested, contact a lawyer immediately.

Call Boria Law Today

If you were charged in connection with a graduation open house — whether as a parent, host, or attendee — attorney Aaron J. Boria of Boria Law can help. Boria Law handles social host and MIP cases throughout the Plymouth-Canton area.

Call (734) 453-7806 today for a free consultation.