A Macomb County judge has dismissed marijuana possession charges against two former Fitzgerald Public Schools officials, ruling that the state’s cannabis legalization law takes precedence over an older statute that made it a crime to have marijuana within 1,000 feet of a school.
The decision by 37th District Court Judge John M. Chmura in Warren is a significant win for cannabis users. For years, prosecutors have used drug free zones to add charges in cases involving marijuana use near schools.
But Chmura said the Michigan Regulation and Taxation of Marihuana Act (MRTMA), the 2018 law that legalized cannabis for adult use, is clear that it overrides any conflicting statute. The judge refused to enforce the 1,000-foot rule and dismissed marijuana charges against former Fitzgerald Superintendent Hollie Lyn Stange and former food services director Amanda Gail Carroll.
The ruling on Thursday closes the case against Carroll. But Stange still faces a misdemeanor charge of possessing a weapon in a weapons-free zone. Police alleged they found a handgun in Stange’s car after allegedly spotting her smoking weed near Fitzgerald High School in December.
Chmura upheld the gun charge, siding with prosecutors that police acted in good faith when they searched her vehicle.
Stange is scheduled to return to court on Oct. 16 for a pretrial hearing.
Macomb County Prosecutor Peter J. Lucido, a Republican, blasted the ruling and said his office may appeal.
“It is deeply concerning that, in legalizing marijuana, the legislature also eliminated the safeguard that prohibited its use near school zones,” Lucido said in a statement Monday. “Perhaps that was not their intent, but it is the effect. We should not encourage the use of drugs — even legal ones — near our schools or around children. The legislature should revisit both MRTMA and the Health Code and amend MRTMA to restore the 1,000-foot rule, ensuring that this important protection is once again part of the law.”
Stange and Carroll were arrested Dec. 20 after police claimed they saw the women smoking weed in a vehicle near the high school. Both were later pulled over in separate traffic stops, and police said they found a handgun in Stange’s car.
Drunken driving charges filed against both women were previously dismissed.
Steve Neavling
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