Mission of Drug Free Zones
History of Drug Free Zone Laws in the United States and Indiana
How Drug Free Zones Affect Sentencing in Indiana
Legal Challenges to Indiana's Drug Free Zones

Mission of Drug Free Zones

The mission of Drug Free Zones is to provide special protection for children from drugs and drug dealers.  By sharply enhancing penalties for using, dealing and/or manufacturing drugs close to schools and other designated areas, the expectation is that drug users and dealers will make rational decisions to use, deal and/or manufacture prohibited substances outside the zones, thus keeping them and their drugs away from children. 

History of Drug Free Zones* 

The first Drug Free Zone (DFZ) law was passed in rudimentary form in 1970 as part of the federal "Comprehensive Drug Abuse, Prevention and Control Act."  As later amended and expanded in 1984, the law doubled the maximum sentence for drug distribution or manufacture within 1,000 feet of a school, college or playground, and 100 feet of a swimming pool, video arcade or youth center.  

By 2000, all states had passed their own versions of DFZ laws.  These varied widely in

• the size of the zones:  from 100 feet to 3 miles
• designation of protected areas:  all laws designate schools and most designate parks and public housing developments; some also designate such public and private entities as day care centers, churches, youth programs, bus stops, drug treatment centers, and shopping malls.
• type of offense:  all target drug distribution and manufacture; a few (including Indiana) include simple possession
• type of penalty:  many states impose mandatory minimums or sentence enhancements of two or three years; a few (including Indiana) increase the felony class of the offense (see below), thus greatly increasing the length of the potential sentence.
  

Extent: How Drug Free Zones Affect Sentencing in Indiana

Indiana law stipulates five felony levels: murder, felony A (20-50 years), felony B (6-20 years), felony C (2-8 years) and felony D (6 months-3 years).  Dealing, possessing or manufacturing drugs within a Drug Free Zone (DFZ) can increase the felony level of the offense, as illustrated by the table below:

Table of Indiana Drug Offenses

Thus, dealing cocaine, narcotics, or meth is a Class A felony (as opposed to a Class B felony) if it takes place within a DFZ.  It is also a Class A felony if the drugs are sold on a school bus, or to someone under 18 years old who is at least 3 years younger than the dealer, or involves 3 or more grams of the drug.  Possession of cocaine or narcotic drug or meth, meanwhile, is a Class D felony (if less than 3 grams) or C felony (3 grams or more, or in possession of a firearm) unless it takes place in a DFZ, in which case it is Class B (less than 3 grams) or Class A (3 grams or more).

Similarly, dealing a schedule I, II, or III controlled substance becomes a Class A felony if undertaken within a DFZ or on a school bus or to someone under 18 who is at least 3 years younger than the dealer.  (The amount of a controlled substance, however, does not affect felony level).  Dealing in a schedule IV or V substance in a DFZ (or on a school bus or to someone under 18) raises the felony level from C to B.  Possessing a I, II, III, or IV controlled substance in a DFZ (or on a school bus) raises the level from D to C. 

Oddly, dealing a Schedule V drug is a class D felony unless it takes place in a DFZ (or on a school bus or to someone under 18), in which case it jumps two felony levels and becomes a B felony. Yet, possession of a schedule V drug is unaffected by being in a DFZ.

Dealing marijuana or hashish or certain “drug precursors” in a DFZ can also raise the felony level under certain circumstances. Dealing marijuana/hashish is a misdemeanor, not a felony, unless the recipient is less than 18, or the amount is between 30 grams and 10 pounds of marijuana or between 2 and 300 grams of hash oil or hashish, in which case it is a D felony. Possessing marijuana/hashish is a misdemeanor unless the amount is more than 30 grams of marijuana or 2 grams of hashish in which case it is a D felony.  Possession of marijuana is not affected by Drug Free Zones. 

Legal Challenges to Indiana's Drug Free Zones (add section)