School Zone Drug Arrests: Increased Penalties in Massachusetts

Written By: Matthew W. Peterson

Published: 07/24/2025

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Facing School Zone Drug Arrest In Massachusetts?

Massachusetts imposes mandatory minimum sentences for drug offenses committed within 300 feet of schools or 100 feet of parks and playgrounds. These penalties are in addition to the consequences that come from the underlying drug crimes. This blog will lay out the basics of this crime, but it is not legal advice. If you or someone you know are facing school-zone drug charges, it is imperative that you contact an experienced lawyer as soon as possible to help you understand this complex charge.

Current Law Overview

Massachusetts General Laws Chapter 94C, Section 32J establishes enhanced penalties for drug violations committed in designated zones around schools and parks. The law was amended in August 2012, reducing the school zone boundary from 1,000 feet to 300 feet and limiting violations to occur between 5:00 a.m. and midnight.

Zone Definitions

The definitions for zones and other restrictions:

School Zones: Within 300 feet of any public or private school (all types including charter schools) and it applies whether or not school is in session
Even if you are in your home or an apartment, if it is within the 300 foot radius of a school then you are in a “school zone”
Park/Playground Zones: Within 100 feet of a public park or playground
Time Restrictions: A violation applies between 5:00 am and Midnight (essentially the entire day), which makes the 5 hours of 12:00 am – 5:00 am exempt

Qualifying Offenses

The school zone enhancement applies to the following underlying drug offenses:

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
Drug offense involving a minor

Enhanced Penalties

A violation of the above drug offenses in one of the outlined zones and times will result in enhanced penalties if convicted. These penalties are “stacked” on top of the original sentences or fines for the underlying drug offense.

Mandatory Prison Terms: There is a mandatory minimum of 2 years imprisonment
Fines: $1,000 – $10,000, but cannot be a replacement for the mandatory prison term
Consecutive Sentencing: Jail time for any school zone violation is mandatory and runs consecutive to any term of incarceration imposed for the underlying drug offense
The school zone sentence must run “from and after” the expiration of the sentence for the underlying drug offense

Recent Legal Reforms

As mentioned before, in 2012 the law applying to school zone drug offenses was amended to address concerns from criminal justice advocates who stated that the rules were nearly impossible to follow in an urban environment (it was very common to be within 1,000 feet of a school in Boston for example). While the rule was changed to be within 300 feet of a school and there were time restrictions added, the new law actually increased the mandatory minimum sentence as well.

Legal Strategy Considerations

Defending the underlying drug charge is crucial to avoiding enhanced penalties, as a school zone violation can only be applied on top of a possession with intent to distribute charge. A good lawyer would negotiate with the prosecutor to get this charge reduced to avoid additional penalties. However, if this strategy is not available, there are also other defenses that could be taken, like disputing the distance to the closest school. In this case, knowledge is not required to establish guilt. So even if the defendant did not know the school boundaries, their mere presence during the appropriate hours while committing an underlying drug offense is enough.

This charge is complicated, and the legal expertise needed to combat it in court is extensive. At the Law Office of Matthew W. Peterson, we are experienced in defending drug charges like school zone violations and receiving favorable outcomes. Don’t leave your life hanging in the balance, we are ready to work with you and battle these charges. Call us today at 617-295-7500. The sooner you call, the sooner we can start fighting for you.

Frequently Asked Questions

Q: What if I didn't know I was near a school?

Unfortunately, that’s not a valid defense. Lack of knowledge of school boundaries shall not be a defense under Massachusetts law. Knowledge is not required to establish guilt. A defendant’s mere presence in the school zone during the requisite hours committing an underlying drug crime is sufficient for conviction.

Q: Can I pay a fine instead of going to jail?

No. While fines of $1,000 to $10,000 may be imposed, they cannot be imposed in lieu of the mandatory minimum 2 year term of imprisonment. The jail time is mandatory and cannot be avoided through fines alone.

Q: How is the 300-foot distance measured?

The distance is measured in a straight line from the school’s boundary to the alleged site of illegal drug activity. This means even if you’re in your own home or apartment, you could still be charged if your building falls within the 300-foot radius.