Last updated Drug-free school zone sign in New York City, Manhattan
United States Federal law and many state and local laws increase penalties for illegal drug-related activities in Drug-free school zones.[1][2] The penalties vary from jurisdiction to jurisdiction in terms of whether they stand alone as separate offenses or serve as a sentencing enhancement, and in terms of the defenses available.[3]
The United States Congress has supplemented the core offenses under the Controlled Substances Act (21 U.S.C. ' 841) with several additional offenses carrying increased maximum penalties, when the crimes are committed under certain specified circumstances. For example, section 21 U.S.C.'860 provides that the penalties for manufacturing, distributing, and possessing with intent to distribute are doubled or tripled when the offense is committed within a specified distance of a school or other facility regularly used by children. Under Federal law the affected areas can include illegal federal drug sales on, or within one thousand feet of, real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility.[4]
In one state, New Hampshire, a Drug-free school zone is defined as an area inclusive of any property used for school purposes by any publicly funded primary school, whether or not owned by such school, within 1,000 feet of any such property, and within or immediately adjacent to school buses.[5]
The No Child Left Behind Act amended and reauthorized the Safe and Drug-Free Schools & Communities Act (SDFSCA) as Part A of Title IV-21st century schools. The No Child Left Behind Act authorized funds for SDFSCA program, which is the federal government’s major initiative to prevent drug abuse violence in and around schools. As part of the SDFSCA, Congress allocated millions to school districts to help them establish programs to prevent the use of alcohol and other drugs, but there are no accountability standards to accompany the money.[6] The SDFSCA was established by the 1986 Anti-Drug Abuse Act.[7] The SDFSC Advisory Committee, was appointed by the U.S. Secretary of Education Margaret Spellings. The Committee was established to advise the Secretary on Federal, state, and local programs designated to create safe and drug-free schools, and on issues related to crisis planning.[8]
The purpose of the SDFSCA is to support programs that: (1) prevent violence in and around schools; (2) prevent the illegal use of alcohol, tobacco, and drugs; (3) involve parents and communities; and, (4) are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that promotes student academic achievement.[9]
Due primarily to an ongoing lack of research supporting any of these efforts being an effective deterrent to crime, Congress recently eliminated several programs administered by the Office of Safe and Drug-Free Schools.[10]
↑ Buckner Inniss, L. 51 A MOVING VIOLATION? HYPERCRIMINALIZED SPACES AND FORTUITOUS PRESENCE IN DRUG FREE SCHOOL ZONES. Texas Forum on Civil Liberties and Civil Rights. Spring 2003.
↑ U.S. Department of Education, Office of Safe and Drug-Free Schools. Safe and Drug-Free Schools and Communities Act, State Grants, Guidance for State and Local Implementation of Programs. January 2004. http://www.ed.gov/about/offices/list/osdfs/index.html
The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
The Substance Abuse and Mental Health Services Administration is a branch of the U.S. Department of Health and Human Services. It is charged with improving the quality and availability of treatment and rehabilitative services in order to reduce illness, death, disability, and the cost to society resulting from substance abuse and mental illnesses. The Administrator of SAMHSA reports directly to the Secretary of the U.S. Department of Health and Human Services. SAMHSA's headquarters building is located outside of Rockville, Maryland.
Capital punishment is a legal penalty under the criminal justice system of the United States federal government. It can be imposed for treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court officer in certain cases.
Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating [a] vehicle under the influence (OVI), drink-driving (UK/Ireland), and booze cruising -is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or other drugs, to a level that renders the driver incapable of operating a motor vehicle safely.
The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States. The initiative includes a set of drug policies that are intended to discourage the production, distribution, and consumption of psychoactive drugs that the participating governments and the United Nations have made illegal. The term was popularized by the media shortly after a press conference given on June 18, 1971, by President Richard Nixon—the day after publication of a special message from President Nixon to the Congress on Drug Abuse Prevention and Control—during which he declared drug abuse "public enemy number one". That message to the Congress included text about devoting more federal resources to the "prevention of new addicts, and the rehabilitation of those who are addicted" but that part did not receive the same public attention as the term "war on drugs". Two years prior to this, Nixon had formally declared a "war on drugs" that would be directed toward eradication, interdiction, and incarceration. In 2015, the Drug Policy Alliance, which advocates for an end to the War on Drugs, estimated that the United States spends $51 billion annually on these initiatives, and in 2021, after 50 years of the drug war, others have estimated that the US has spent a cumulative $1 trillion on it.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is a United States federal law that set up the basic U.S. system of pesticide regulation to protect applicators, consumers, and the environment. It is administered and regulated by the United States Environmental Protection Agency (EPA) and the appropriate environmental agencies of the respective states. FIFRA has undergone several important amendments since its inception. A significant revision in 1972 by the Federal Environmental Pesticide Control Act (FEPCA) and several others have expanded EPA's present authority to oversee the sales and use of pesticides with emphasis on the preservation of human health and protection of the environment by "(1) strengthening the registration process by shifting the burden of proof to the chemical manufacturer, (2) enforcing compliance against banned and unregistered products, and (3) promulgating the regulatory framework missing from the original law".
Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
Moral turpitude is a legal concept in the United States and prior to 1976, Canada, that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community". This term appears in U.S. immigration law beginning in the 19th century.
A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.
Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.
Substance abuse prevention, also known as drug abuse prevention, is a process that attempts to prevent the onset of substance use or limit the development of problems associated with using psychoactive substances. Prevention efforts may focus on the individual or their surroundings. A concept that is known as "environmental prevention" focuses on changing community conditions or policies so that the availability of substances is reduced as well as the demand. Individual Substance Abuse Prevention, also known as drug abuse prevention involves numerous amounts of different sessions depending on the individual to help cease or reduce the use of substances. The time period to help a specific individual can vary based upon many aspects of an individual. The type of Prevention efforts should be based upon the individual's necessities which can also vary. Substance use prevention efforts typically focus on minors and young adults – especially between 12–35 years of age. Substances typically targeted by preventive efforts include alcohol, tobacco, marijuana, inhalants, coke, methamphetamine, steroids, club drugs, and opioids. Community advocacy against substance use is imperative due to the significant increase in opioid overdoses in the United States alone. It has been estimated that about one hundred and thirty individuals continue to lose their lives daily due to opioid overdoses alone.
The U.S. state of Maryland has various policies regarding the production, sale, and use of different classes and kinds of drugs.
Gordon Jay Quist is a Senior United States district judge of the United States District Court for the Western District of Michigan.
Social customs and laws concerning drinking alcohol in public vary significantly around the world. "Public" in this context refers to outdoor spaces such as roads, walkways or parks, or in a moving vehicle. Drinking in bars, restaurants, stadiums, and other such establishments, for example, is not generally considered to be "in public" even though those establishments are open to the general public. In some countries, such as United States, Norway, Poland, India and Sri Lanka, as well as Muslim-majority countries where alcohol is legal, public drinking is almost universally condemned or outlawed, while in other countries, such as Portugal, Spain, Germany, the United Kingdom, New Zealand, Japan and China, public drinking and public intoxication is socially acceptable, although may not be entirely legal.
The Comprehensive Methamphetamine Control Act of 1996 is a bill enacted into law by the 104th Congress of the United States. It mandated registration of persons trading in list I chemicals from the DEA list of chemicals. A fee for such registration was initially $595 but later reduced to $116. It is regarded as one of the major drug laws in the United States.
The Drug Trafficking Safe Harbor Elimination Act was a bill proposed to the 112th United States Congress in 2011. It was introduced to amend Section 846 of the Controlled Substances Act to close a loophole that has allowed many drug trafficking conspirators to avoid federal prosecution. The Drug Trafficking Safe Harbor Elimination Act would have made it a federal crime for persons who conspire on United States soil to traffic or aid and abet drug trafficking inside or even outside the borders of the United States. This Act was created to provide clarity to current laws within the United States and provide criminal prosecution of those who are involved in drug trafficking within the United States or outside its borders. This Act would have provided a borderless application to United States Law and extends possible criminal charges to all individuals involved in the drug transport. The bill passed the House but was not acted upon by the Senate and thus died.
Drug–impaired driving, in the context of its legal definition, is the act of driving a motor vehicle while under the influence of an impairing substance. DUID, or Driving Under the Influence of Drugs, is prohibited in many countries. Several American states and European countries now have "per se" DUID laws that presume a driver is impaired if they are found to have any detectable quantity of controlled substances in their body while operating an automobile and that the driver has no doctor's prescription for the substance. This is similar to the "per se" DUI/DWI laws that presume a driver is impaired when their blood alcohol content is above a certain level. There is some controversy with "per se" DUID laws in that a driver with any detectable quantity of controlled substances may not in fact be impaired and the detectable quantity in blood or sweat may be only the remnants of drug use in days or weeks past. It is against road traffic safety. Research on factors associated with engaging in DUID is receiving increasing attention to develop more effective countermeasures.
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