Drug Free Zone Laws

Transcript

1 POLICY BRIEF: DRUG-FREE ZONE LAWS Drug-Free Zone Laws: An Overview of State Policies Drug-free zone laws are among the most longstanding sentencing policies in America’s War on Drugs. In 1970 – 12 years before President Ronald Reagan officially used the term “War on Drugs” – Congress passed an early version of a law increasing penalties for certain drug offenses committed near schools. In the 1980s, many state governments began to do the same. Today, all 50 states and the District of Columbia have adopted some form of drug-free school zone law. The premise behind drug-free zone laws was that In recent years, these problems have led at least seven states, including Connecticut, Delaware, drug trafficking near schools posed a danger to children. In order to protect children from drug activity, Indiana, Kentucky, Massachusetts, New Jersey, and South Carolina, to reform their drug-free zone laws. lawmakers established protected zones around the This briefing paper provides an overview of these places where children were most likely to be present, statutes nationally and an assessment of reform including schools and public parks. Individuals caught using or selling drugs within the protected activity in recent years. zone faced substantially higher penalties than others who engaged in the same conduct outside the zone. DRUG-FREE ZONES: DIVERSIT Y The application of drug-free school zone laws has AMONG THE STATES proved problematic for several reasons: Drug-free school zone laws vary by jurisdiction, with • First, in the sentencing schemes of several states the key distinctions being in these areas: zone size, defendants may face two distinct penalties for a locations covered, offenses covered, and penalties single offense. imposed (see Appendix for full description of each state’s policies). Some states have also adopted Second, the laws are frequently drafted so broadly • restrictions on when and under what circumstances that they result in enhanced penalties for drug the enhanced penalties apply. offenses that are a substantial distance from a school, that do not involve school children in the All 50 states and Washington, D.C. (see Appendix) offense, or take place outside of school hours. apply some form of enhanced penalties to offenses In Alabama, for example, a drug sale that takes involving manufacture, sale, distribution, or place as much as three miles from a school, possession with intent to distribute drugs. In nine college, or public housing project is subject to a states—Alaska, Arkansas, Arizona, Connecticut, mandatory five-year prison term. Indiana, Minnesota, New Mexico, Michigan and Oklahoma— defendants in drug-free zones can Third, because protected areas are clustered • also face enhanced penalties even for simple drug within urban, high-density population areas, the possession that does not involve sale to school zones disproportionately affect people of color children. In Arkansas, for example, simple possession 1 and economically disadvantaged citizens. of two grams of methamphetamine is sufficient to 1 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

2 POLICY BRIEF: DRUG-FREE ZONE LAWS Table 1. Drug-Free Zone Sizes by State < 1,000 ft. 1,000 ft. > 1,000 ft. Alabama Maine Alabama Alaska Ohio a Arizona Connecticut Arkansas Maryland Oklahoma California Louisiana Michigan Oregon Delaware Hawaii Mississippi Pennsylvania Colorado Mississippi Indiana South Carolina Missouri Missouri Connecticut Nebraska Massachusetts Oklahoma South Dakota Florida Georgia Nevada South Carolina Minnesota Tennessee New Hampshire Idaho Texas Rhode Island Vermont Utah Illinois New Jersey New Mexico Iowa Wyoming Virginia Kansas New York Washington Kentucky Washington, D.C. North Carolina Louisiana West Virginia North Dakota a Arizona’s drug-free zones apply 300 feet from school property on private property and 1,000 feet from school property on public property. trigger a ten-year sentence with no parole in addition The most expansive law in terms of covered locations to the sentence imposed for the underlying offense. is that of Arkansas, which draws zones around schools, public parks, public housing facilities, day As seen in Table 1, 32 states and the District of care centers, colleges and universities, recreation Columbia establish a zone area that extends 1,000 centers, skating rinks, Boys’ and Girls’ Clubs, feet in all directions from the property line of schools substance abuse treatment facilities, and churches. and other protected areas. Thus, in most states a drug sale that takes place at a distance of more PENALTIES than three football fields away from a school building can result in enhanced prison time. Ten states have Drug-free zone laws apply enhanced penalties in two drawn zones more tightly so as to avoid overreaching different ways among the states. In thirty states, the in their impact, while seven others have cast a much law designates drug offenses within the protected wider net of 1,500 feet or more. zone as distinct crimes with their own penalties or penalty ranges. In Colorado, for example, sale of Though the stated intent of drug-free zone laws was a controlled substance within a drug-free zone is a to protect schools, 31 states have extended the scope distinct criminal offense that carries an eight-year of their policies to areas beyond elementary and mandatory minimum sentence. In other states, the secondary schools and onboard school buses. For law prescribes enhanced penalties for underlying example, several states have enacted zones around crimes when they occur within the protected zone. In public housing facilities, public parks, churches, and Arizona, for instance, committing a covered offense daycare centers. Others, including Missouri and within a drug-free zone increases the presumptive West Virginia, include colleges and universities in minimum and maximum penalties for the underlying their definition of “school.” Utah adds shopping malls, offense by one year. amusement parks, and the parking lots of such areas to the list of covered areas. States also vary in the severity of the penalties drug offenders receive for violating drug-free school zone laws. In 13 states, violation of the law triggers have extended the scope 31 states a mandatory minimum sentence or sentence of their policies to areas beyond enhancement that ranges from one year in Virginia to eight years in Colorado. In Washington, DC, Rhode elementary and secondary schools. Island, and the state of Washington, the drug-free 2 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

3 POLICY BRIEF: DRUG-FREE ZONE LAWS in the zone while no minors were present or if they zone violation doubles the maximum penalty for the underlying offense. were in the zone solely because law enforcement officers stopped them there Kansas, Nebraska, and Tennessee elevate the felony class of the underlying drug offense when it is DRUG-FREE ZONE LAWS: committed within a drug-free zone, thereby exposing the defendant to harsher penalties. Similarly, Delaware REFORMS and Nevada treat violation of the drug-free zone as While courts have been reluctant to grant an aggravating factor in the sentencing proceeding Constitutional challenges to drug-free zone laws, for the underlying drug offense. Finally, some states concerns over the laws have led a number of state allow juvenile defendants to be prosecuted for a drug- legislatures to reform their drug-free zone policies. free zone offense in adult court and to be sentenced By 2005, lawmakers in Massachusetts, New Jersey, to an adult institution for violations of drug-free zone and Connecticut had commissioned studies to laws. survey the impact and effectiveness of drug-free zone laws in their respective states, and identified LIMITATIONS ON DRUG-FREE problems regarding the scope of their respective 2 ZONES zones and resulting racial disparities. Several states have since enacted policy reforms including A number of states have imposed various restrictions Massachusetts, New Jersey, Connecticut, and on their drug-free zone laws with the intention of Indiana. Delaware, Kentucky and South Carolina also narrowing their focus to more closely align with the reformed their drug-free zone laws as part of larger original purpose of the law. Lawmakers have limited drug law reform bills. But other states, including the application of the zone laws based on the nature Arkansas, Hawaii, and Texas, have adopted harsher of the transaction, the age of the defendant, the time penalties by expanding locations to include public of day, the presence of children, and whether the housing and playgrounds where selling drugs can offense takes place on public or private property. 3 trigger enhanced penalties. Seven states—Alaska, Georgia, Louisiana, Montana, CONNECTICUT New Jersey, Texas, and Washington—apply an exception to their drug-free zone laws if the offense Connecticut’s harsh drug-free zone law was enacted occurs within a private residence so long as no in 1987. In 2001, Connecticut legislators changed children are present and the defendant did not state law to grant judges discretion in applying the profit from the offense. Virginia similarly applies its school zone penalty in certain drug offenses based law only on public property. California, Nebraska, 4 Yet the Connecticut statute on “good cause.” and West Virginia exempt juvenile defendants imposing a three-year mandatory minimum sentence from enhanced penalties, as does New Mexico for for committing a drug offense within 1,500 feet of a possession offenses. Florida, Massachusetts, and school, public housing complex, or daycare center Nevada impose some form of time restrictions on remains in effect. their laws so that they only apply when children are present. However, further reforms may soon be enacted. In the 2013 legislative session, Connecticut’s Black New York and South Carolina require that defendants and Puerto Rican Caucus sponsored a bill that would know they are in the zone when they commit the have reduced the size of the state’s drug-free zones offense, while North Carolina and North Dakota from 1,500 feet to 300 feet. The bill was debated exempt small quantities of marijuana from their zone in the Connecticut House of Representatives but laws. Indiana is unique in that it creates affirmative Republican opponents succeeded in filibustering the defenses to its zone law: defendants may avoid the bill and its time expired without a vote. As a result, enhanced penalties of the law if they were only briefly the bill stalled and will not become law for 2013. 3 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

4 POLICY BRIEF: DRUG-FREE ZONE LAWS Nevertheless proponents of the bill have vowed to In response to the 2007 bills, Kelsey Kauffman, introduce it again in the next legislative session. formerly of DePauw University, and her students began studying the impact and effectiveness of the state law. Their findings were similar to those DELAWARE in Massachusetts and Connecticut: drug-free zones blanketed large portions of inner city areas Delaware’s drug-free zone law was first adopted in in Indianapolis and more than 75% of defendants 1989 and created 1,000-foot zones around schools who had their felony class raised under the drug- and 300-foot zones around parks. Commission of a 5 Professor Kauffman free zone statute were black. drug offense—including simple possession—within and her students presented their findings before the the zone constituted a distinct felony offense. In Indiana Senate Committee on Corrections, Criminal, 2011, as part of a general effort to reduce excessive and Civil Matters in 2007 and 2008 and again before penalties for drug users and lower level sellers, the the specially-convened Indiana Sentencing Policy General Assembly passed and Governor Jack Markell Study Committee in October 2008. Their testimony signed a bill that substantially reformed the state’s contributed to the defeat of the bills in the legislature. drug laws. In a drug-free zone case in February 2012, the Indiana The 2011 law shrunk Delaware’s drug-free zones Supreme Court reduced the 20-year sentence of a from 1,000 feet to 300 feet. It also created three Kokomo man convicted of possessing small amounts categories of drug offenses—simple possession, 6 of marijuana and cocaine within a drug-free zone. aggravated possession, and drug dealing—with the Because the man would have faced a maximum sentence for each offense depending on the type prison sentence of only 18 months if his offense and quantity of drug involved and the presence had occurred outside the zone, the court found that or absence of aggravating circumstances. The the 20-year sentence was grossly disproportionate law makes commission of the underlying offense to the severity of the crime. Furthermore, the court within a drug-free zone an aggravating factor for the signaled that it would continue to reduce harsh purposes of sentencing. sentences imposed under the drug-free zone law 7 when it reduced a similar sentence in June 2012. INDIANA In response, to address the concerns of the Indiana Indiana’s original drug-free zone law, passed in 1987, Supreme Court as well as the issues documented in the raised the felony class of the underlying drug offense DePauw University study, the legislature passed and from Class B to Class A if the offense occurred within Governor Mike Pence signed a bill that substantially 1,000 feet of school property, a public park, a public reformed the state’s law. The bill reduced Indiana’s housing complex, or a youth program center. Under zones from 1,000 feet to 500 feet and eliminated the state law, the penalties imposed for committing a zones around public housing complexes and youth Class A felony are substantially harsher than those program centers. It also added the requirement that imposed for a Class B felony: a Class A felony a minor must be reasonably expected to be present exposes a defendant to a sentence of 20 to 50 years when the underlying drug offense occurs. Lastly, the in prison with an advisory sentence of 30 years, while measure made violation of the drug-free zone law a Class B felony exposes a defendant to a sentence an “enhancing circumstance” of the underlying drug of 6 to 20 years in prison with an advisory sentence offense, the severity of which is dependent upon the of 10 years. In 2007, two bills were introduced—one type and quantity of the drug involved. Because the in each house of the legislature—that would have law also restructures Indiana’s felony classification expanded drug-free zones to churches and marked structure and penalties, a defendant sentenced under bus stops, respectively. the revised law now faces a mandatory minimum penalty of one year rather than twenty years. 4 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

5 POLICY BRIEF: DRUG-FREE ZONE LAWS KENTUCKY urban areas were five times as likely to live within 10 a drug-free zone as residents of rural areas. The Lawmakers modified the state’s drug free zone data further showed that more than half of black in 2011. The provision was included in a larger and Hispanic residents lived in drug-free zones while package of sentencing reforms that were adopted less than a third of white residents did so. PPI also to address the state’s growing prison population. found that the addition of Head Start facilities to State lawmakers shrunk the drug free zone from the law in 1998 disproportionately impacted poor 1,000 yards to 1,000 feet. Anecdotal reports suggest neighborhoods since such facilities service poor that the original zone was a mistake given that most neighborhoods and are therefore more likely to be states impose a zone measured in feet rather than located there. yards. The change in policy was adopted without opposition As a result of the issues surrounding the state’s drug-free school zone law, legislators serving on Massachusetts’s joint Judiciary Committee approved MASSACHUSETTS a bill that would have shrunk the size of the zones and In 1989, the General Assembly of Massachusetts limited the hours of their effectiveness, but it died on passed the state’s first drug-free zone law, which the floor of the General Assembly. In the summer of imposed a 2-15-year mandatory minimum sentence 2012, however, with the endorsement of Governor for convictions of selling or distributing drugs within Deval Patrick, the General Assembly passed a bill 1,000 feet of a school. A 1993 amendment drew a that reduced the size of Massachusetts’s zones from 100-foot zone around parks, and a 1998 amendment 1,000 feet to 300 feet and limited the hours of the added a 1,000-foot zone around day care and Head zones’ operation from 5 a.m.- midnight. 8 Start facilities. Efforts to reform the law began in 2000, when Dorchester District Court Judge NEW JERSEY Sydney Hanlon noticed that a majority of drug-free zone defendants in her courtroom were black or New Jersey first enacted its drug-free zone law as part Hispanic and requested that Northeastern University of sweeping drug legislation in 1987. The original law researchers conduct an analysis on the racial impact drew a 1,000-foot zone around schools; distributing, of the law. The researchers documented that 80% of dispensing, or possessing with intent to distribute the defendants who received enhanced sentences drugs within that zone was classified as a third-degree under the drug-free zone law were black or Hispanic— felony with a three-year mandatory minimum prison even though 45% of those arrested for drug violations sentence. In 1998, New Jersey lawmakers added a statewide were white. 500-foot zone for drug sales around public housing complexes, parks, libraries, and museums. Violation The next layer of drug-free zone research was of the 1998 law constituted a second-degree offense, conducted by William Brownsberger at the Boston for which a prison term is the presumptive sentence. University School of Public Health. In his analysis Furthermore, New Jersey courts have interpreted the of 443 drug sale cases in Fall River, New Bedford, word “school” in the statute to be broad, including and Springfield, Massachusetts, Brownsberger daycare centers, vocational training centers, and found that school zones covered 29% of the three other educational facilities. 9 These studied cities and 56% of high-poverty areas. findings led Brownsberger to recommend that the Advocacy organizations including the Drug Policy Massachusetts zone be shrunk from 1,000 feet to Alliance and Families Against Mandatory Minimums 100-250 feet. prioritized reform of the state’s drug-free school zone laws. This was instrumental in the legislature’s These findings were bolstered by a 2009 report decision to convene the New Jersey Commission issued by the Prison Policy Initiative (PPI). PPI’s to Review Criminal Sentencing in 2004. The research, which focused on Hampden County in Commission found that that enforcement of the drug- western Massachusetts, revealed that residents of 5 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

6 POLICY BRIEF: DRUG-FREE ZONE LAWS free-zone laws had a devastating impact on minority comprehensive package of sentencing reforms that defendants because New Jersey’s densely populated garnered bipartisan support was adopted in 2010. The modification requires that urban areas were transformed into massive “drug- anyone arrested for a drug offense in an enhancement zone must have free” zones. Nearly every defendant (96%) convicted and incarcerated for a drug-free zone offense in New knowledge that he or she was in a restricted area 11 The Commission with the intent of selling. Jersey was either black or Latino. recommended that the legislature shrink the size of the zones from 1,000 to 200 feet and eliminate CONCLUSION the mandatory minimum sentence for school zone Drug-free zone laws were initially promoted as an violations. attempt to keep dangerous drug activity away from The commission’s bill passed in committee in 2005 children. In practice, drug-free zone laws have but stalled in the legislature later that year. Five years created a number of serious issues within the criminal later, Governor Jon Corzine signed into law a bill that justice system, by frequently imposing excessive did not alter the 1,000-foot zone size, but eliminated penalties and by subjecting urban poor and minority the mandatory minimum prison sentence for school populations to harsher penalties than others for zone offenses and enhanced judicial discretion in similar drug offenses. Spurred by more than a decade such cases. of research, a number of states are taking measures to reform their drug-free zone laws to alleviate the burdens they impose on poor people and people of SOUTH CAROLINA color with no benefit to public safety. These states South Carolina maintains an expansive zone of more should serve as a model for other jurisdictions as than 2,600 feet, or a half mile, around restricted the movement for fairer, more effective drug laws areas. However, lawmakers modified the triggers for continues to build momentum in the United States. penalty enhancements in restricted areas when a ENDNOTES 1 Greene, J., Pranis, K., and Ziedenberg, J. (2006). Disparity by Design: How drug-free zone laws impact racial disparity – and fail to protect youth. Justice Policy Institute. Available at http://www.justicepolicy.org/uploads/justicepolicy/ documents/06-03_rep_disparitybydesign_dp-jj-rd.pdf. Ibid. 2 3 Lawrence, A. (2013). “Trends in Sentencing and Corrections: State Corrections.” National Conference of State Legislatures. Available at http://www.ncsl.org/Documents/CJ/TrendsInSentencingAndCorrections.pdf. Legislative Program Review & Investigations Committee. (2005). “Mandatory Minimums Report.” Available at https:// 4 www.cga.ct.gov/2005/pridata/Studies/Mandatory_Minimum_Sentences_Final_Report.htm. 5 Kauffman, K., et al. (2008). Testimony before the Sentencing Policy Study Committee. Available at http://dpuadweb. depauw.edu/$1~kkauffman/newdrugzonelaws/Testimony.html. 6 Abbot v. State , 961 N.E.2d 1016 (Ind. 2012). 7 , 968 N.E.2d 1292 (Ind. 2012) (per curiam). Walker v. State 8 Prison Policy Initiative. (2009). The Geography of Punishment: How Huge Sentencing Enhancement Zones Harm Communities & Fail to Protect Small Children. Available at http://www.prisonpolicy.org/zones/. 9 Brownsberger, W. (2001). An Empirical Study of the School Zone Law in Three Cities in Massachusetts. 10 Prison Policy Initiative. (2009). The Geography of Punishment: How Huge Sentencing Enhancement Zones Harm Communities & Fail to Protect Small Children. Available at http://www.prisonpolicy.org/zones/. 11 Staff. (2007). “Supplemental Report on New Jersey’s Drug Free Zone Crimes & Proposal for Reform.” The New Jersey Commission to Review Criminal Sentencing. Available at http://sentencing.nj.gov/downloads/supplemental%20 schoolzonereport.pdf. 6 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

7 POLICY BRIEF: DRUG-FREE ZONE LAWS Appendix. Drug-Free School Zone Laws by State Statute Penalties Limitations Zone Size State Covered Locations Covered Offenses 15,460 ft. Schools (includes Alabama Code of Ala. Sale 5-year mand min, N/A no parole § 13A-12-250 colleges), public housing projects Schools, school Alaska 500 ft. Possession w/ AK Stat. § Class C or Class Private 11.71.040-41 residence + buses, youth and B felony recklessness (either 3rd or 4th recreation centers personal degree felony) 300 ft. (private N/A A.R.S. § 13- Arizona Schools Sale, possession, Increases presumptive min property); manufacture 3411 and max by 1 1,000 ft. year (public property) A.C.A. § 5-64- 1,000 ft. Public parks, schools N/A Arkansas 10-year additional Possession, (includes colleges sentence delivery, 411 manufacture, sale (concurrent or and universities), consecutive), school bus stops, no parole skating rinks, YMCAs, community centers, public housing complexes, substance abuse treatment facilities, day care centers, churches Ann.Cal. Defendant > 1,000 ft. Schools Possession w/ California 3-5 years Health & discretionary 18 years old; intent, delivery, sale, manufacture Safety Code school hours § 11353.6 only; only applies to places children expected to be Schools, school Colorado C.R.S.A § 18- N/A 1,000 ft. 8-year mandatory Possession w/ intent, delivery, 1.3-407 buses min sale, manufacture 3-year mand 1,500 ft. Schools, public Connecticut N/A Possession w/ C.G.S.A. § housing complexes, min additional 21a-278a intent, delivery, day care centers sale, manufacture (consec) 16 Del.C. § 300 ft. Schools, parks, Possession w/ Delaware Aggravating N/A churches, rec. areas 4701 Factor (Min. intent, delivery, Class D Felony sale, manufacture District of DC ST § 48- 1,000 ft. Schools (including N/A Up to 2x fine Distribution, Up to 2x Columbia possession w/ universities), day 904.07a maximum care centers, public intent to distribute swimming pools, sentence playgrounds, arcades, youth centers, public housing complexes F.S.A. § Effective only 1,000 ft. Schools (including 3-year man min Florida Possession w/ 6am-midnight intent, delivery, universities), day care 893.13 sale, manufacture (schools only) centers, churches, public housing complexes, parks Georgia Ga. Code Private Up to 20 years + 1,000 ft. Schools, parks, Possession w/ $20,000 playgrounds, intent, delivery, residence + Ann. § 16-13- 32.4 recreation centers, personal + fine (consecutive) sale, manufacture public housing no child < 17 complexes present Class C or Class N/A Hawaii HRS § 712- Possession w/ 750 ft. Schools, school buses, parks, public 1249.6 intent, delivery, D felony housing complexes sale 7 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

8 POLICY BRIEF: DRUG-FREE ZONE LAWS State Zone Size Covered Locations Covered Offenses Penalties Limitations Statute 5-year mand min I.C. § 37- Possession w/ 1,000 ft. N/A Schools Idaho to life intent, delivery, 2739B sale, manufacture Illinois 1,000 ft. Schools, school Possession w/ Class X Felony N/A 720 ILCS buses, public housing intent, delivery, 570/407 sale, manufacture complexes, public parks, churches, nursing homes IC 35-48-4-16 Schools, parks Possession, Level 4 Felony Defenses: Indiana 500 ft. delivery 1) Briefly in zone while minor was present; 2) No minor present; 3) Law officer requested or stopped in zone Iowa I.C.A. § 1,000 ft. Schools Possession w/ Defendant > 18 Up to 5 year years old intent, delivery, 124.401A enhancement sale, manufacture K.S.A. 21- Kansas Schools Possession w/ +1 Felony Level N/A 1,000 ft. 5705 intent, sale Kentucky KRS § N/A 1,000 ft. Schools Trafficking Class D Felony 218A.1411 Private Maximum fine 2,000 ft. Schools (including Possession w/ Louisiana LSA-R.S. universities), drug intent, sale 40:981.3 + up to 1.5 residence + no child < 18 treatment facilities, times maximum religious facililties, sentence present public housing complexes, day care centers Maine N/A 17-A M.R.S.A Varies based on 1,000 ft. Schools, school Trafficking buses § 1105-A drug M.D. Code, Maryland 1,000 ft. Schools, school Possession w/ Up to 20 years N/A intent, delivery, buses (1st offense); Criminal Law, 5-year mand min § 5-627 sale, manufacture (2nd+) M.G.L.A. 94C 5am-midnight 300 ft. Schools, preschools; Massachusetts Possession w/ 2-15 years parks (100 ft.) § 32J only intent, delivery, sale, manufacture M.C.L.A. Possession w/ 1,000 ft. Schools, libraries Michigan N/A 2-year minimum 333.7410 (judge intent, delivery, may modify) sale, manufacture N/A Minnesota M.S.A. § 300 ft. Schools, parks, public Sentence degree Possession, delivery, housing complexes 152.01 enhancement manufacture, sale N/A Mississippi Miss. Code 3 year mand min Possession w/ 1,500 ft. from Schools, churches, public parks, to life Ann. §41-29- building; intent, delivery, 142 1,000 ft. from ballparks, public sale, manufacture gyms, youth centers, property line movie theaters N/A Missouri V.A.M.S. Class A Felony 2,000 ft. Schools (including Distribution, sale 195.214 universities), school buses Private Montana MCA 45-9- 3 year mand min 1,000 ft. Schools Distribution, sale 109 to life residence + no child < 18 present 8 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

9 POLICY BRIEF: DRUG-FREE ZONE LAWS State Covered Locations Covered Offenses Penalties Limitations Statute Zone Size Schools, playgrounds, Nebraska 1,000 ft. Neb.Rev.St. § Possession w/ Defendant > 18 +1 Felony Level 28.416 intent, delivery, years old colleges (1,000 ft.); sale, manufacture youth centers, video arcades, public pools (100 ft.) 1,000 ft. Nevada Schools, campuses, Within 1 hour Aggravating Manufacture, N.R.S. delivery, sale Factor school bus stops of school hours 453.3345 playgrounds, parks, (school bus pools, video centers, stop only) arcades N/A N.H. Rev. New 1 year mand min 1,000 ft. Schools, school Possession w/ buses + 2x maximum intent, delivery, Hampshire Stat. §193- penalty for B:1 sale, manufacture underlying offense N.J.S.A. Judge may 1,000 ft. Schools, school 3 year mand min, Possession w/ New Jersey intent, delivery, no parole 2C:35-7 adjust parole buses ineligibility sale based on mitigating factors; private residence + no child < 18 present + not for profit New Mexico N. M. S. A. Possession First-class Felony 1,000 ft. Schools Possession, delivery, 1978, § 30- limited to defendants > 18 31-2(Y) manufacture, sale years old Limited to areas New York 1,000 ft. Schools, day care Trafficking Class B Felony McKinney’s centers “accessible” Penal Law § 220.44 to public; some drugs require knowledge of zone North Carolina 1,000 ft. Schools, child care N.C.G.S.A. § Possession w/ < 5 g marijuana Class E Felony 90-95 excepted centers, parks intent, delivery, sale, manufacture North Dakota Marijuana 1,000 ft. Schools Possession w/ 8-year sentence; NDCC, 19- intent, delivery, If defendant > 21, 03.1-23(3)(a) excepted sale, manufacture 8-year mand min Ohio R.C. § N/A 1,000 ft. Schools Sale Min. 4th Degree Felony 2925.01(P) 63 Okl. 2,000 ft. Schools (including Oklahoma N/A Possession w/ 2x max sentence universities), parks, St.Ann. § intent, delivery, 2-401(F) sale public housing complexes, child care centers Oregon O.R.S. § N/A 1,000 ft. Schools Delivery, Class A Felony manufacture 475.904 Pennsylvania 18 Pa.C.S.A. 2-year mand min 1,000 ft. Schools, parks, N/A Possession w/ intent, delivery, § 6317 playgrounds; school buses (250 ft) sale N/A Rhode Island Gen.Laws 2x max sentence Distribution, 900 ft. Schools, parks, playgrounds manufacture 1956, § 21- 2x max fine 28-4.07.1 9 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org

10 POLICY BRIEF: DRUG-FREE ZONE LAWS Statute Zone Size Covered Locations Covered Offenses Penalties Limitations State South Carolina Code 1976 § Defendant must 2,640 ft. Schools (including Up to 10-year Possession w/ universities), parks, sentence 44-53-445 know of zone; intent, delivery, playgrounds sale, manufacture police cannot stop within zone Judge may Possession, Class 4 Felony = South Dakota SDCL § 22- 1,000 ft. Schools, youth centers, public 42-19 adjust sentence 5 year mand min delivery, swimming pools; manufacture, sale video arcades (500 ft.) Possession w/ +1 Felony Level N/A Tennessee T. C. A. § 39- 1,000 ft. Schools, child care intent, centers, libraries, rec. 17-432 centers, parks delivery, sale, manufacture V.T.C.A., Texas Possession Schools (including +5 year max 1,000 ft. Possession, delivery, sentence excepted if universities), Health & manufacture, sale inside private playgrounds, video Safety Code § 481.134 residence + arcades, youth centers,; public no child < 18 present swimming pools (300 ft.) First Degree Utah U.C.A. 1953 § 1,000 ft. Schools (including N/A Possession w/ intent, universities), child 58-37-8(4) Felony delivery, sale, care centers, parks, manufacture arcades, rec. centers, amusement parks, churches, shopping malls, sports facilities, movie theaters, playhouses, parking lots, libraries N/A Distribution, sale Up to 10-year Schools, school Vermont 18 V.S.A. § 500 ft. 4237 sentence buses Schools, school 18 V.S.A. § Virginia 1,000 ft. Public property 1-5 years mand Possession w/ only; school bus 4237 buses, school bus min intent, delivery, sale, stops, day care stop limited to centers, mental when children manufacture health facilities are present Washington West’s RCWA 1,000 ft. Schools, school Possession w/ Private 2x max sentence 69.50.435 intent, buses, residence + delivery, sale, no child < 18 school bus stops manufacture present + not for profit No probabtion for Distribution, sale Schools (including Defendant > 18 1,000 ft. West Virginia W. Va. Code, § 60A-4-406 years old 3 years universities) 2-year mand min 500 ft. W.S.1977 § Possession w/ Penalties less Schools, school Wyoming for minors and buses 35-7-1036 intent, for possession delivery, sale, manufacture This briefing paper was written by Nicole D. Porter, Director of Advocacy at The Sentencing Project, and Tyler Clemons, Research Associate. Published December 2013. The Sentencing Project works for a fair and effective U.S. justice 1705 DeSales Street NW, 8th Floor system by promoting reforms in sentencing policy, addressing Washington, D.C. 20036 unjust racial disparities and practices, and advocating for alternatives to incarceration. sentencingproject.org 10 The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org 10

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