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Legal Quirk Lets School Officials Smoking Pot Near School Off The Hook

  • Team MIRS
  • 4 days ago
  • 2 min read

(Source: MIRS.news, Published 09/08/2025) A former public school superintendent and another official who were caught smoking pot near a school last year had their charges dropped because of a conflict in state law, something the Macomb County prosecutor says needs to be addressed.

 

Possession of marijuana on school property charges against former Fitzgerald Public Schools superintendent Hollie Lyn Stange and former food services director Amanda Gail Carroll were dismissed Thursday after the judge held that the Michigan Regulation and Taxation of Marijuana Act (MRTMA) doesn't outlaw it.


a pot plant in a school

 

Judge John M. Chmura in Warren held that the MRTMA states it takes precedence over conflicting statutes and, as a result, he did not read the 1,000-foot-rule found in the Public Health Code to apply to the MRTMA statute.

 

"It is deeply concerning that, in legalizing marijuana, the Legislature also eliminated the safeguard that prohibited its use near school zones," Macomb County Prosecutor Peter Lucido said 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," the prosecutor noted.

 

The MRTMA prohibits possession of marijuana in a school zone and the Public Health Code prohibits possession of marijuana within 1,000 feet of a school zone.

 

Lucido said he's reviewing the ruling to determine if he will appeal.

 

Meanwhile, Chmura said Stange's possessing a weapon in a weapons-free zone charge, a 93-day misdemeanor, would stand.

 

Assistant Prosecutor Christopher Urban argued police acted in good faith when they searched Stange's vehicle after finding her smoking marijuana near the school zone.

 

Chmura agreed with the prosecution.

 

Stange is scheduled for a pretrial hearing on Oct. 16.

 

Stange and Carroll were arrested on Dec. 20 after both women were allegedly smoking marijuana in Carroll's vehicle within 1,000 feet of Fitzgerald High School grounds.

 

Police initiated traffic stops on both vehicles after the women separately drove away from the school. A handgun was allegedly found in Stange's vehicle.

 

Charges alleging both women were operating a vehicle while intoxicated were previously dismissed without prejudice.




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