Indiana Drug Charges in School Zones
While the penalties for these crimes are already harsh, they can be sharply elevated if the crime takes place in a drug-free zone. If you or a loved one has been charged with a drug crime within one of these restricted areas, such as a school, you are likely worried about the enhanced penalties a conviction could bring.
Understanding Drug-Free Zones in Indiana
The main purpose of drug-free zones, commonly referred to as school zones are to protect children from drug exposure and the violence usually associated with these crimes. If a drug-related offense takes place within one of these zones, the penalties upon conviction are enhanced dramatically. The hope is that harsher consequences will cause drug users and drug dealers in Indiana to avoid these areas altogether.
In Indiana, drug-free zones are considered any area within 1,000 feet of the following locations:
- Schools
- Certain parks
- Public housing developments
- Churches
- Youth programs
- School bus stops
- Drug treatment centers
Strangely, Indiana does not classify colleges and universities as drug-free zones when prosecuting marijuana crimes. It was determined in the late 80s that ramping up penalties for college students who use marijuana on campus would lead to a broader interpretation of drug-free zones than was originally intended.
Common Drug Crimes at School in Indiana
Possession and use of marijuana both carry unfair penalties, but neither crime is actually affected by drug-free zones. Marijuana possession will usually result in being charged with a class A misdemeanor or a class D felony depending on whether less than 30 grams or more than 30 grams was possessed, respectively. The crime of selling or dealing marijuana, however, does receive harsher penalties if it occurs within a drug-free zone. Selling between 30 grams and 10 pounds of marijuana will elevate the crime from a misdemeanor to a class D felony, which can carry prison time.
Dealing controlled substances, such as heroin and cocaine, and possession with intent to sell are subject to the enhancement of drug-free zones. Either of these crimes occurring within a school zone will result in the accused being charged with a class A felony. This offense type is the most severe. If convicted, the penalty for this elevated charge is up to 50 years in state prison.