In Tennessee, the penalties for drug-related offenses can vary widely based on where the crime occurred. What is the Tennessee Drug Free School Zone Act and what does it mean to someone who’s been arrested on a drug charge? According to Russell Thomas, a criminal defense attorney in Nashville, Tennessee’s school zone statute can turn a relatively minor drug offense into a much more serious situation.
Tennessee’s drug free school zone statute, says Thomas, is a law that provides for enhanced penalties for drug offenses that occur within certain areas, namely those that are near schools. “It’s a somewhat complex statute,” says Thomas, “but basically it means that if you commit a drug offense – possessing or selling illegal drugs – within 1,000 feet of a school or other designated area, you can receive a sentence that is much more serious than you would have if you committed the same offense elsewhere.”
A drug offense committed in one of these designated areas, says Thomas, is punishable by one sentencing classification higher than it otherwise would be. It is also subject to increased monetary fines. Furthermore, he says, if you’re convicted and sentenced under the drug free school zone act, you become ineligible for parole release. You’re also ineligible for a sentence of probation. “It makes a big difference,” Thomas explains. “Not only are you charged with a more serious offense, if you’re convicted under the act, the judge can’t give you parole - you have to go to prison. And once you’re in prison, you have to do your entire sentence without the possibility of early release.”
The act, Thomas says, applies only to felony drug offenses, so the most minor offenses (possession of a small amount of marijuana, for example) are not affected. However, he says, there are some relatively minor drug crimes that qualify as felonies. For example, if you are found to be in possession of a larger amount of marijuana - at least half an ounce - you can be accused of possessing it with the intent to sell, which is a low-level felony. Under normal circumstances, you might face a sentence as light as one year of probation with no jail time. However, if you are convicted under the school zone statute, you might find yourself facing a two-year jail sentence.
Thomas says that for the purposes of enforcing the act, there are a number of areas that have been designated “school zones,” which are, according to lawmakers, those areas in which children and teens are likely to be present. These areas include public or private elementary schools, middle schools, high schools, preschools, child care agencies, public libraries, recreational centers and parks. There are a few exceptions to sentencing rules, however, depending on where your offense occurred. If you are convicted under the statute, and your offense occurred within 1,000 feet of a library, recreation center or park, Thomas says, then you’ll still be sentenced at one classification higher; however, you may be eligible for parole.
The purpose of the statute, says Thomas, is obvious. Lawmakers in Tennessee wanted to “provide vulnerable persons [in Tennessee with] an environment in which they can learn, play and enjoy themselves without the distractions and dangers that are incident to the occurrence of illegal drug activities.” However, he says, the statute is extremely broad and 1,000 feet is not a short distance. The law can be applied, he explains, even if someone happens to be driving through a school zone.
Despite lawmakers’ good intentions, Thomas says that most of the cases prosecuted under the act don’t actually involve drug activity at a school. Instead, most are simply low-level offenses that take place, unbeknownst to the individuals involved, within 1,000 feet of a school zone area. Because the penalties have the potential to be quite serious, Thomas says it’s important to have an experienced attorney on your side if you’re charged under the act. “You shouldn’t settle for anything less than the best possible representation,” he says. “A good attorney will work aggressively to get you the best possible result.”
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
