Res. No. 31
Title
Resolution calling upon the New York State Legislature to pass and the Governor to sign legislation that would increase the penalties for possessing or selling marijuana in a Drug Free School Zone
Body
By Council Members Cabrera and Brannan
Whereas, Drug Free School Zones are protected areas in and around schools where the sale or possession of controlled substances receives higher punishments; and
Whereas, In New York State, school grounds include the area in or within a building, structure, athletic playing field, playground or any land contained within the property of an elementary school, parochial, intermediate, junior high, vocational, or high school; and
Whereas, The zone is further extended to include any area accessible to the public, including sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants, located within one thousand feet of the school's property line, including any parked vehicle within this distance; and
Whereas, In New York State, if an individual commits the criminal sale of a controlled substance in the fourth degree, he or she may be liable for a C felony, as the law explicitly allows for an increased penalty if the sale takes place on a school ground or school bus; and
Whereas, Additionally, if an individual commits the criminal sale of a controlled substance in or near school grounds, the person may be liable for a B felony; and
Whereas, State law seeks to provide further protections to school grounds and deter people from prying on children and exposing children to illegal drug use and sales; and
Whereas, However, existing law does not punish the sale or use of marijuana in a Drug Free School Zone on the same level as other controlled substances; and
Whereas, The severity of punishing an individual for selling or possessing marijuana is generally limited to the amount of marijuana recovered; and
Whereas, Despite this, marijuana use in New York City is a significant public health and ...
Click here for full text