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Sale Within 1000 Feet of a School or Day Care Center: When Does Minimum Sentence Apply?

In Florida, the law provides for a three-year mandatory minimum prison term for anybody arrested selling a controlled substance within 1,000 feet of a school or day care center (child care facility).  Specifically, the law provides for the mandatory terms if the substance being sold is cocaine, heroin, most prescription drugs, methamphetamine, MDMA, and other "hard" drugs.  

If the substance being sold within 1,000 feet of a school is marijuana (cannabis), the mandatory sentence does not apply.

However, selling marijuana within 1,000 feet of a school or day care center is a second-degree felony, punishable by a maximum term of 15 years in prison.

Selling harder drugs, like cocaine, heroin, or MDMA, within 1,000 feet of a school or day care center is a first-degree felony, punishable by a maximum term of 30 years with a 3-year mandatory minimum term applied.

Eric Matheny is a criminal defense attorney representing clients in Miami-Dade County and Broward County who have been charged with all manner of drug offenses - possession, possession with intent to sell, sale, manufacturing, delivery, and trafficking.