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What is the punishment for possession/sale of drugs within 1,000 feet of school, child care facility, state, municipal, or county park, college, university, house of worship, assisted living facility?

Posted by John Rutkowski | Jul 12, 2018 | 0 Comments

Jail 20cell

It is unlawful for a person to posses, sell, deliver, manufacture, etc., a controlled substance in, on or within 1,000 feet of any school or childcare facility, during the hours of 6 a.m. and 12 midnight, or at any time within 1,000 feet of any county, state or municipal park, any community center, college, university or other postsecondary school, any physical place of worship or within 1,000 feet of any business primarily engaged in the retail sale of groceries or both groceries and gasoline. Or within 1,000 feet of a housing facility or assisted living facility.

Anyone who violates this provision as to a controlled Substance named in section 893.03(1)(a), (b), (d), (2)(a), (b) or (2)(c)5 of the Drug Abuse Prevention and Control Act, upon conviction, commits a felony of the first degree punishable by up to 30 years in state prison, of which the individual must be sentenced to a minimum term of 3 years, unless the offense was committed within 1,000 feet of child care facility, and a fine of up to $10,000.

A Controlled Substance named in section 893.03(1)(c), (2)(c)1, 2, 3, 6, 7, 8, 9, 10., (3) or (4) commits a felony of the second degree punishable by up to 15 years in state prison and up to a $10,000 fine.

Any other controlled substance must be sentenced to pay a $500 fine and serve 100 hours of community service in addition to any other penalty prescribed by law.

In order for this section to apply to child care facilities the owner or operator must post a sign that is at least two square feet with the word legend identifying the facility as a licensed child care facility and posted in a conspicuous place where the sign is reasonably visible to the public.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Driving Under the Influence, Divorce, Alimony, Child Custody and Support, Division of Property. Contact us today to schedule an initial consultation.

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