Under Massachusetts Criminal law, the crime of committing a Drug Violation Near a Park Zone may be found under Massachusetts General Laws, Chapter 94C, Sections 32J.
This offense provides an additional penalty for anyone convicted Distributing a Controlled Substance, Possessing with Intent to Distribute a Controlled Substance, Sale of Drug Paraphernalia, Possession with Intent to Sell Drug Paraphernalia, Drug Trafficking, or a drug offense involving a minor within 100 feet of a park or playground.
This law recognizes the special danger that illegal drugs pose to children. Since children often congregate in parks, the additional penalties under this law are designed to both punish offenders and deter other drug dealers from selling their illicit products to children and at or near parks.
If you have been charged with a drug violation in a park zone call (508) 213-9113 to schedule a free consultation with Massachusetts Criminal Defense Attorney John L. Calcagni, III today.
Legal Elements for a Park Zone Drug Violation
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In order to be convicted of a Drug Violation in a Park Zone under Massachusetts criminal law, there must exist strong evidence of the following two legal elements:
- that the defendant committed an underlying drug offense of distributing a controlled substance, possession with intent to distribute a controlled substance, sale of drug paraphernalia, possession with intent to sell drug paraphernalia, drug trafficking, or a drug offense involving a minor
- that the underlying drug offense was committed within 100 feet of a park or playground
Potential Punishment if Convicted of a Park Zone Drug Violation
The punishment under Massachusetts criminal law for a Drug Violation in a Park Zone may be found at Massachusetts General Laws, Chapter 94C, Sections 32J.
Convicted offenders shall be punished by a state prison term of not less than 2 ½ years and not more than 15 years or a term in a house of corrections of not less than 2 years or more than 2 ½ years and/or a fine ranging from $1,000 to $10,000.
Jail time for any school zone violation is mandatory and runs consecutive to any term of incarceration imposed for the underlying drug offense. This punishment is identical to School Zone Drug Violations.