Sentencing Enhancement for Felony Possession Within “Drug Free Zones”

Felony drug offenses committed within “drug free zones” risk more time in prison.

A “drug free zone” can be in, on or within 1000 feet of certain property.  This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings.

Offenses committed on a marked school bus also count.

Felonies include manufacturing, distributing or possessing with the intent to distribute a controlled substance listed in schedule I, II or III (simulated and imitation drugs included).

The five-year enhancement applies only to adults (18 or older) who commit the offense involving another adult.  The sentencing court maintains the discretion to not apply the enhancement.  In other words, it is not mandatory.

Misdemeanor possession offenses within a drug free zone can trigger 100 hours of community service work.  This provision is not mandatory either.

If you are facing felony drug charges involving a drug free zone, then call the drug defense attorneys at GRL Law at 515-461-7919 or email Colin Murphy at ccmurphy@grllaw.com for a consultation.