Drug Possession on School Grounds

 Posted on March 06, 2025 in Drug Crimes

Being caught with illegal drugs anywhere in Illinois can result in serious consequences. If you were on school grounds or within 1,000 feet of a school when you were found in possession of drugs, you might face enhanced sentencing. Illinois schools, including colleges and universities, are designated drug-free zones. These laws are designed to make going to school safer for children and college students by minimizing drug activity near the school and on campus. However, not all drug activity within 1,000 feet of a school involves or threatens students. Many of those arrested for drug crimes on or near school grounds are students themselves. Parents who pick up or drop off their children are also vulnerable to these enhancements. If you were arrested for drug possession, possession with intent to sell, or drug distribution in a designated drug-free zone, you need an aggressive Arlington Heights, IL, drug crime lawyer. If you are found guilty and the court determines that these sentencing enhancements apply, your jail time could be doubled.

Defenses to The Designated Drug-Free Zone Enhancement

Sentencing enhancements only matter if you are found guilty of the underlying offense. For example, say you are accused of possessing MDMA near a high school. If you are not found guilty of drug possession, you will not be sentenced at all and do not need to worry about sentencing enhancements. Fighting against the underlying charges aggressively is often a good strategy in these cases. Issues like mishandling of evidence by law enforcement, illegal searches, and lab errors are common in drug cases and may bar a conviction.

Even if it appears that you are almost certainly going to be convicted of the underlying drug crime, your attorney can still argue that the sentencing enhancements should not apply. Some possible ways your attorney may argue against the enhancements in your case are: 

• Showing lack of knowledge - Enhanced sentencing laws only apply if you knew you were committing the offense in a designated drug-free zone. If you were in an area that you were not familiar with, you may not have known that you happened to be near a school, playground, or other drug-free area. 
• Questioning distance - Most people are not arrested in the exact spot where law enforcement first observed them. It can sometimes be very difficult or impossible for the state to prove that a drug crime defendant went within 1,000 feet of school property. 
• Proving that students were unlikely to be present - A school zone is only a school zone for purposes of drug sentencing enhancements when students can reasonably be expected to be present. If you were arrested late at night or in the middle of winter break, you were highly unlikely to encounter students. 

Contact an Arlington Heights, IL Defense Lawyer 

Scott F. Anderson, Attorney at Law is experienced in helping people facing drug sentencing enhancements. Dedicated Arlington Heights, IL drug possession attorney Scott Anderson will fight to guard you against excessively harsh sentencing. Contact us at 847-253-3400 for a complimentary consultation.