Appeals court limits use of law targeting drugs near schools

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.