Marijuana charges dismissed against former Fitzgerald administrators

WARREN — Possession of marijuana charges against two former Fitzgerald Public Schools administrators were dropped earlier this month by a Warren judge.

On Sept. 4, 37th District Court Judge John M. Chmura dismissed the charges of possession of marijuana on school property against former Superintendent Hollie Stange and former Food Services Director Amanda Carroll.

On Sept. 5, Macomb County Prosecutor Peter Lucido issued a press release that the Sept. 4 court hearing was to decide a motion on a matter of law. The issue was whether the Michigan Regulation and Taxation of Marihuana Act, 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.

As per the press release, Assistant Prosecuting Attorney Christopher Urban 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.

According to the press release, 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, the possession of marijuana charges against both women were dismissed.

“We appreciate the judge’s thoughtful consideration,” Stange’s attorney William Barnwell said. “Our belief is that this was the correct ruling underneath the current statute. Justice was served. The most serious counts have been dismissed.”

Lucido believes the state Legislature should revisit both MRTMA and the health code and amend MRTMA to restore the 1,000-foot rule, to ensure that it is once again part of the law.

“It is deeply concerning that, in legalizing marijuana, the Legislature also eliminated the safeguard that prohibited its use near school zones,” he said. “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.”

Attempts to reach Carroll’s attorney, Camilla Barkovic, for comment were unsuccessful at press time.

Stange and Carroll, both 39, were arrested during separate traffic stops Dec. 20, 2024, for allegedly smoking marijuana near school grounds and driving while under the influence of drugs.

Stange was originally charged with possession of marijuana on school grounds, a two-year felony; possession of a weapon in a weapon-free zone; and operating a motor vehicle while intoxicated, both of which are 93-day misdemeanors.

Carroll was originally charged with possession of marijuana on school grounds; operating a motor vehicle while intoxicated second offense, a one-year misdemeanor; and operating a motor vehicle while intoxicated with an occupant less than 16 years old, a one-year misdemeanor.

At a court hearing June 18 before Chmura, Macomb County prosecutors dropped the operating a motor vehicle while intoxicated charges against both defendants. The charge against Carroll for operating a motor vehicle while intoxicated with an occupant less than 16 years old also was dismissed.

To date, Stange still faces the possession of weapons charge and is scheduled back in court at 9 a.m. Oct. 16 for a pretrial hearing before Chmura. Barnwell said a hunting rifle was found in her car during the arrest, adding she may not have had knowledge it was there.

“There are some very credible search and seizure arguments to be made,” Barnwell said. “They would have to prove she knew it was there to begin with.”

Stange and Carroll are no longer employed with the district.

“The case is immensely difficult for her stemming from the misunderstanding of the current law,” Barnwell said of Stange. “It has cost her her reputation, her career.”

After her arrest, retired Fitzgerald Superintendent Laurie Fournier stepped in to serve as interim superintendent. In August, the school board appointed Elizabeth Jensen to the superintendent position. Olgert “Gary” Nazarko has been appointed director of food services.