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Criminal Justice & Legal System

Michigan court limits use of law targeting drugs near schools

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steve carmody
/
Michigan Radio

PONTIAC, Mich. (AP) - The Michigan appeals court 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 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.

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