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9.23 Controlled Substance-Distribution in or Near School

Category:
Federal - Jury Instructions - 9th Circuit - Criminal
State:
Multi-State
Control #:
US-JURY-9THCIR-9-23-CR
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Rich Text
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
9.23 Controlled Substance-Distribution in or Near School is a criminal offense that occurs when a person distributes, delivers, or sells a controlled substance to another person within 1000 feet of a school, college, university, or public or private youth center. This includes the sale, delivery, or distribution of any controlled substance, including marijuana, cocaine, heroin, LSD, methamphetamine, and other drugs. There are two types of 9.23 Controlled Substance-Distribution in or Near School offenses: Possession with Intent to Deliver, and Delivery. Possession with Intent to Deliver is when a person has a controlled substance in their possession with the intent to distribute it. Delivery is when a person actually transfers or attempts to transfer a controlled substance to another person. Both offenses are punishable by fines and jail time, and both offenses are felonies.

9.23 Controlled Substance-Distribution in or Near School is a criminal offense that occurs when a person distributes, delivers, or sells a controlled substance to another person within 1000 feet of a school, college, university, or public or private youth center. This includes the sale, delivery, or distribution of any controlled substance, including marijuana, cocaine, heroin, LSD, methamphetamine, and other drugs. There are two types of 9.23 Controlled Substance-Distribution in or Near School offenses: Possession with Intent to Deliver, and Delivery. Possession with Intent to Deliver is when a person has a controlled substance in their possession with the intent to distribute it. Delivery is when a person actually transfers or attempts to transfer a controlled substance to another person. Both offenses are punishable by fines and jail time, and both offenses are felonies.

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FAQ

What Is the Crime of Manufacturing, Distributing, or Selling Drugs Near a School? Virginia Code § 18.2-255.2 makes it a felony crime to sell, manufacture, or distribute controlled substances, imitation drugs, or marijuana on or near certain properties.

The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.

As seen in Table 1, 32 states and the District of Columbia establish a zone area that extends 1,000 feet in all directions from the property line of schools and other protected areas.

Controlled drugs are rated in the order of their abuse risk and placed in Schedules by the Federal Drug Enforcement Administration (DEA). The drugs with the highest abuse, and potential for psychological and/or physical dependence, are placed in Schedule I, and those with the lowest abuse potential are in Schedule V.

A key element of the law creates drug-free school zones within a 1,000-foot radius of every public and private school in the State. Within these zones, illegal drug users and pushers face tougher penalties, including mandatory jail terms for distributors.

Drug-free zones include public or private schools, daycare centers, private and public youth facilities, playgrounds, colleges, and universities. If law enforcement finds you in possession of a controlled substance within 1,000 feet of these drug-free zones, you can face severe penalties.

What is a drug-free school zone? area within 1,000 to 1,500 feet of schools and designated by signs, within which people caught selling drugs receive especially severe penalties.

Noun. : a statutorily designated area or place (as a public park or beach or a school bus) within which the distribution of or possession with intent to distribute a controlled substance is an aggravated felony.

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More info

Dispute the property was a school or educational facility. The law that specifically prohibits the New York criminal sale of a controlled substance in or near school grounds is New York Penal Code 220.44.Drug distribution is the crime of selling drugs-- being a drug dealer. Criminal sale of a controlled substance in or near school grounds. This is a class B felony. 44, Criminal sale of a controlled substance in or near school grounds.

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