Should "Drug Free School Zone Laws" be Reformed?

Aug 31, 2016 at 11:49 am by bryan


More than 8 in 10 Tennesseans support reforming the state's drug-free school zone law, according to an icitizen poll conducted in collaboration with Senate Minority Leader Lee Harris.

"Although drug-free school zones may sound good on the surface, they seem to create some troubling inequities," Senate Minority Leader Lee Harris said. "As a consequence, today many states are in the process of making modifications to their drug-free school zone laws. It's time for Tennessee lawmakers to join them, and as this poll shows, Tennesseans are ready for change."

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The Tennessee Drug-Free School Zone Act, enacted in 1995, enhances penalties for drug crimes that occur within 1,000 feet of a school, daycare, library, recreational center or park. Under current law, a defendant in a school zone could be incarcerated for 15 years for a first-time, nonviolent offense before the earliest possible release. The same defendant would have been eligible for release at 29 months if the offense had occurred outside the school zone. There is no leniency with these penalties: they apply outside of school hours, when school is out for the summer, and regardless of the presence of children.

The poll indicated that Tennesseans support the drug-free school zone law but would like to see it reformed. 84% of poll respondents support major or minor reforms to the law. Only 16% of participants were in favor of no reform. The support for reform crossed party lines: 90% of Democrats and 80% of Republicans polled support reform. On specific policy that could serve to clarify the intent of the drug-free school zone law, 62% of respondents believe that the presence of children should trigger the enhancement.

"It's refreshing to see D's and R's come together in the name of criminal justice reform," Sen. Harris said. "I believe that they recognize, like I do, that this law disproportionately affects urban areas such as Memphis, Nashville, Knoxville and Chattanooga. In these urban areas, due to their density and the sheer number of schools, most places are a drug-free school zone."

Nashville's District Attorney, Glenn Funk has previously weighed in on Tennessee's drug-free school zone law in op-eds published in the Commercial Appeal and Chattanooga Times Free Press. Funk stated: "This law is being applied in a manner inconsistent with its legislative intent, which was to keep drugs away from schoolchildren...This enhancement puts street level drug-free school zone act violations on par with second degree murder. The idea that this law keeps school kids safe is a myth, all it accomplishes is the destruction of communities."

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