TITLE XV
EDUCATION

Chapter 193-B
DRUG-FREE SCHOOL ZONES

Section 193-B:1

    193-B:1 Definitions. –
In this chapter:
I. "Controlled drug or its analog" means those drugs or substances included within the definitions provided in RSA 318-B:1, VI and VI-a.
II. "Drug-free school zone" means an area inclusive of any property used for school purposes by any school, whether or not owned by such school, within 1,000 feet of any such property, and within or immediately adjacent to school buses.
III. "School" means any public or private elementary, secondary, or secondary vocational-technical school or Head Start facility in New Hampshire.
IV. "School property" means all real property, physical plant and equipment used for school purposes, including but not limited to school playgrounds and buses, whether public or private.

Source. 1991, 364:1. 1996, 290:1, eff. Aug. 9, 1996.

Section 193-B:2

    193-B:2 Drug-Free School Zones. – Except as otherwise provided by law, it shall be unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its analog, within a drug-free school zone at any time of the year.

Source. 1991, 364:1. 1994, 28:1, eff. June 21, 1994.

Section 193-B:3

    193-B:3 Maps of Drug-Free Zones; Exemption. –
I. Each school administrative unit within the state shall, in consultation with the local police authority having jurisdiction over drug enforcement where each drug-free zone is located, publish a map clearly indicating the boundaries of each permanent drug-free school zone in accordance with the provisions of RSA 193-B:1, II. Such map shall be posted in a prominent place in the district or municipal court of jurisdiction, the local police department, and in all schools existing in the drug-free school zone.
II. The mapping requirements under paragraph I shall not apply to Head Start facilities.

Source. 1991, 364:1. 1996, 290:2, eff. Aug. 9, 1996.

Section 193-B:4

    193-B:4 Rulemaking; Notice; Posting. –
The state board of education, in consultation with the New Hampshire Police Chiefs' Association, shall adopt rules pursuant to RSA 541-A relative to:
I. Developing a procedure by which to mark drug-free zones, including the use of signs or other markings as appropriate. Such signs or other markings shall:
(a) Be posted in a prominent place:
(1) On or near each school;
(2) In each school bus; and
(3) On or near non-school-owned property serving as a temporary drug-free zone by virtue of its use for the school's instructional program, for the duration of such use;
(b) Indicate that the posted area is a drug-free zone which extends to 1,000 feet surrounding such property; and
(c) Warn that violation of this chapter shall subject the offender to severe penalties under the law.
II. Assisting each school administrative unit in providing for the posting required in this section.

Source. 1991, 364:1. 1994, 28:2, 3, eff. June 21, 1994.

Section 193-B:5

    193-B:5 Toll-Free Hotline; Rulemaking; Local Hotlines; Notice. –
I. There is hereby established a toll-free statewide hotline for the purpose of reporting anonymous information on drug activity to local law enforcement agencies. The department of safety shall coordinate and adopt rules pursuant to RSA 541-A for the establishment and operation of the hotline.
II. The toll-free statewide telephone number established under paragraph I shall be displayed in the drug-free zone signs developed and posted pursuant to RSA 193-B:4, I. If a local police hotline telephone exists in a community, such telephone number shall be posted on relevant signs in lieu of the toll-free statewide telephone number.

Source. 1991, 364:1, eff. Jan. 1, 1992.

Section 193-B:6

    193-B:6 Penalties. –
I. It shall be a violation for any person to cover, remove, deface, alter or destroy any sign or other marking identifying a drug-free zone as provided in RSA 193-B:4, I.
II. Lack of knowledge that the prohibited act as defined in RSA 193-B:2 occurred on or within 1,000 feet of school property shall not be a defense.
III. A violation of RSA 193-B:2 shall not include an act which occurs entirely within a private residence wherein no person 17 years of age or under is present.

Source. 1991, 364:1, eff. Jan. 1, 1992.

Section 193-B:7

    193-B:7 Penalty Assessment. – In addition to the penalties imposed under RSA 193-B:6, I and RSA 318-B:26, V, every court shall levy a penalty assessment of $100 for an offense in violation of RSA 193-B:2. The clerk of each court shall collect all penalty assessments and, notwithstanding RSA 6:11, shall transmit the amount collected to the general fund.

Source. 1994, 28:4. 2011, 224:225, eff. July 1, 2011.