What is the current state of the law on dealing with drugs within 1,000 feet of a public or private elementary or secondary school?
California, United States of America
The following excerpt is from People v. Williams, 10 Cal.App.4th 1389, 13 Cal.Rptr.2d 379 (Cal. App. 1992):
A similar federal statute, 21 United States Code section 860 (formerly 845a), was enacted in 1984 to provide enhanced penalties for selling narcotics within 1,000 feet of a public or private elementary or secondary school. Federal courts have upheld that statute against challenges on due process and equal protection grounds. In United States v. Nieves (S.D.N.Y.1985) 608 F.Supp. 1147, 1149, for example, the drug transaction took place at 4 p.m., two blocks away from a school. There was no allegation of, or evidence presented that schoolchildren were present.
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