Macomb County Prosecutor Peter Lucido has announced that after a motion hearing, 37th District Court Judge John M. Chmura dismissed the charge of possession of marijuana on school property against former Fitzgerald Public Schools Superintendent Hollie Lyn Stange and former Food Services Director Amanda Gail Carroll.
The hearing last week was to decide a motion on whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), which prohibits possession of marijuana in a school zone, preempted the Public Health Code, which prohibits possession of marijuana within 1,000 feet of a school zone.
Chmura found that the plain language of MRTMA states that it takes precedence over any other statute in conflict with it.
Therefore, he would not read the 1,000-foot rule into the MRTMA statute.
As a result of that decision, the possession of marijuana charges against both women were dismissed. As that was the only charge against Carroll, her case is dismissed.
Also at issue was Stange’s charge of Possessing a Weapon in a Weapons-Free zone, a 93-day misdemeanor and the search of her vehicle if she did not violate the law by smoking marijuana within 1,000 feet of a school zone.
The prosecution argued that the charge should stand because the police were acting in good faith when they searched the vehicle Stange was driving after finding her smoking marijuana near the school zone.
Chmura agreed and Stange is scheduled for a pretrial hearing on Thursday, Oct. 16.
Lucido said the legislature should revisit both MRTMA and the Health Code and encouraged lawmakers “to 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 last December arrested after both women were allegedly smoking marijuana in Carroll’s vehicle within 1,000 feet of Fitzgerald High School grounds. After both women separately drove away from the scene, traffic stops occurred and a handgun was allegedly found in Stange’s vehicle.
Charges of Operating While Intoxicated against both women were previously dismissed without prejudice.
The hearing last week was to decide a motion on whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), which prohibits possession of marijuana in a school zone, preempted the Public Health Code, which prohibits possession of marijuana within 1,000 feet of a school zone.
Chmura found that the plain language of MRTMA states that it takes precedence over any other statute in conflict with it.
Therefore, he would not read the 1,000-foot rule into the MRTMA statute.
As a result of that decision, the possession of marijuana charges against both women were dismissed. As that was the only charge against Carroll, her case is dismissed.
Also at issue was Stange’s charge of Possessing a Weapon in a Weapons-Free zone, a 93-day misdemeanor and the search of her vehicle if she did not violate the law by smoking marijuana within 1,000 feet of a school zone.
The prosecution argued that the charge should stand because the police were acting in good faith when they searched the vehicle Stange was driving after finding her smoking marijuana near the school zone.
Chmura agreed and Stange is scheduled for a pretrial hearing on Thursday, Oct. 16.
Lucido said the legislature should revisit both MRTMA and the Health Code and encouraged lawmakers “to 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 last December arrested after both women were allegedly smoking marijuana in Carroll’s vehicle within 1,000 feet of Fitzgerald High School grounds. After both women separately drove away from the scene, traffic stops occurred and a handgun was allegedly found in Stange’s vehicle.
Charges of Operating While Intoxicated against both women were previously dismissed without prejudice.
––––––––––––––––––––
Subscribe to the Legal News!
https://www.legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
