PONTIAC (AP) — The Michigan Court of Appeals has broken new ground with its interpretation of a law involving drugs near schools.
Two people were charged in Oakland County with possessing drugs for delivery within 1,000 feet of a school.
But the appeals court says prosecutors needed to show that the men planned to actually deliver the drugs to someone within that school zone.
In a 2-1 decision last Friday, the appeals court agreed that Judge Phyllis McMillen correctly dismissed the enhanced charges.
Judge William Murphy says the law is aimed at drug dealers who sell drugs near a school — not a trafficker who simply lives near a school or travels nearby.
Judge Peter O’Connell disagreed, saying lawmakers wanted to crack down on drugs near schools, no matter the delivery point.
- Posted November 04, 2016
- Tweet This | Share on Facebook
Appeals court limits use of law targeting drugs near schools
headlines Macomb
- Leadership role
- State officials issue statements on the death of Rev. Jesse Jackson Sr.
- Court orders EES Coke Battery to comply with clean air act and pay $100 million civil penalty
- Public health, green groups sue EPA over repeal of rule supporting climate protections
- Judge grants hearing, expresses concerns ex-Michigan coach Moore may have had rights violated
headlines National
- A wave of lawsuits has resulted from online comments after Charlie Kirk’s assassination
- Goldman Sachs top lawyer resigns after emails show Jeffrey Epstein friendship
- Failed indictment of 6 Democratic lawmakers blamed on Jeanine Pirro-picked prosecutors
- Federal judges may address ‘illegitimate forms of criticism and attacks,’ according to new ethics opinion
- Senate GOP aims to reveal companies funding lawsuits
- Bad Bunny’s ‘love conquering hate’ message at Super Bowl reiterated by judge sentencing assaulter
