If anybody is caught trafficking, distributing or possessing with intent to distribute drugs within 1000 feet of a school or 100 feet of a public park or playground an additional charge may be brought. That is typically called a school zone or park zone charge. This is Massachusetts general law chapter 94C section 32J.
The penalties for school zone or park zone charge of very severe. The penalty if convicted is a mandatory minimum sentence of not less than two years not more than 2 One/2 years in the house of correction. If convicted a person is not eligible for parole until half of the sentence has been served.
Defenses to Massachusetts School Zone Penalties
In order to be convicted of of school zone in Massachusetts district attorney must prove that the school is an public or private elementary, vocational or secondary school or that it is an accredited preschool. Also
DRUG VIOLATION NEAR SCHOOL/PARK c94C §32J (Effective 3/27/94-7/29/98) |
on [DATE OF OFFENSE:] did, as charged in the accompanying count(s), violate the provisions of G.L. c.94C, §§ 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I |
while in or on, or within 1000 feet of the real property comprising an elementary, vocational or secondary school, or within 100 feet of a public park or |
playground, in violation of G.L. c.94C, §32J. (ADDITIONAL PENALTY FROM AND AFTER SENTENCE FOR VIOLATION OF §§ 32, 32A, 32B, 32C, 32D, |
32E, 32F or 32I: state prison not less than 2½ years, not more than 15 years; or jail or house of correction not less than a mandatory minimum of 2 years, |
not more than 2½ years; and optional fine not less than $1000, not more than $10,000. [§32H:] May not be filed or continued without a finding; no reduction |
or suspension of sentence until 2 years served. District Court has final jurisdiction under G.L. c.218, §26.) |
94C/32J DRUG VIOLATION NEAR SCHOOL/PARK c94C §32J (Effective 7/30/98-8/1/12) |
NOTE: THIS AGGRAVATING CHARGE MUST ACCOMPANY ANOTHER COUNT CHARGING THE PREDICATE OFFENSE. |
on [DATE OF OFFENSE:], as charged in the accompanying count(s), did violate the provisions of G.L. c.94C, §§ 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I |
while in or on, or within 1000 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, or elementary, |
vocational or secondary school, or within 100 feet of a public park or playground, in violation of G.L. c.94C, §32J. (ADDITIONAL PENALTY FROM AND |
AFTER SENTENCE FOR VIOLATION OF §§ 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I: state prison not less than 2½ years, not more than 15 years; or jail |
or house of correction not less than a mandatory minimum of 2 years, not more than 2½ years; and optional fine not less than $1000, not more than $10,000. |
[§32H:] May not be filed or continued without a finding; no reduction or suspension of sentence until 2 years served. District Court has final jurisdiction under |
G.L. c.218, §26.) |
94C/32J DRUG VIOLATION NEAR SCHOOL/PARK c94C §32J (Effective 8/2/12)
NOTE: THIS AGGRAVATING CHARGE MUST ACCOMPANY ANOTHER COUNT CHARGING THE PREDICATE OFFENSE.
on [DATE OF OFFENSE:], as charged in the accompanying count(s), did violate the provisions of G.L. c.94C, §§ 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I
while in or on, or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, or elementary,
vocational or secondary school during the hours between 5:00 a.m. and midnight, or within 100 feet of a public park or playground, in violation of G.L. c.94C,
§32J. (ADDITIONAL PENALTY FROM AND AFTER SENTENCE FOR VIOLATION OF §§ 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I: state prison not less
than 2½ years, not more than 15 years; or jail or house of correction not less than a mandatory minimum of 2 years, not more than 2½ years; and optional
fine not less than $1000, not more than $10,000. [§32H:] May not be filed or continued without a finding; no reduction or suspension of sentence until 2 years
served. District Court has final jurisdiction under G.L. c.218, §26.)
