P.R. Laws tit. 24, § 2411a

2019-02-20 00:00:00+00
§ 2411a. Introduction of drugs in schools, recreational facilities or institutions

Any person who knowingly and intentionally and in violation of the provisions, introduces, distributes, dispenses, administers, possesses or conveys for the purpose of distribution, sells, gives away or delivers in any way, or simply possesses any of the controlled substances included in Schedules I through V, in a public or private school, public or private recreational facility, or in the surrounding area of any of these, shall incur a felony and upon conviction, shall be sentenced to double the penalty provided in §§ 2401(b) or 2404(a) of this title for a first offense which involves the same substance and the same schedule.

In case of recidivism for simple possession, the penalty shall be three times the penalty provided in § 2404(a) of this title for a subsequent offense which involves the same controlled substance and the same schedule. In case of recidivism for the introduction, distribution, possession for distribution or sale, a penalty of imprisonment shall be imposed for a fixed term of ninety-nine (99) years.

The term “school” shall be understood to be the school’s main building and any building, annex, yard, garden and parking area and shall cover pre-school, and elementary, intermediate (junior high) and senior high schools as well as specialized schools, universities and university level colleges. Schools covered shall be understood to include, for the purposes of this article, business, vocational and adult trade schools as well as those for the physically disabled and the mentally retarded, deaf-mutes and the blind; persons with speech and reading limitations and any others of a similar nature to those mentioned above. “School surroundings” shall be understood to cover an area of up to one hundred (100) radial meters measured from the school boundaries as indicated by a fence or any other sign of demarcation.

A “recreational installation”, be it public or private, shall be understood to be any park, playing field, court, swimming pool, pinball or video game machines room, stadium, coliseum, and any area or place designated or commonly used for games or to hold sports, entertainment or passive recreational activities, competitions and professional or amateur sporting events. “Surroundings of a recreational installation” shall be understood to cover an area of up to one hundred (100) radial meters measured from the boundaries of the recreational installation as indicated by a fence or any other sign of demarcation.

Any person who knowingly and intentionally and in violation of the provisions, distributes, dispenses, administers, possesses or conveys for the purpose of distribution, or sells, gives away or delivers any form of any of the controlled substances included in Schedules I to V, in a center, institution or public or private facility devoted to the prevention, diagnosis, treatment and rehabilitation of narcotic drug addicts or those who depend on depressant or stimulant drugs, or in the surroundings thereof, shall likewise be guilty of a felony. Upon conviction, the violator shall be punished by the penalty provided in the first and second paragraphs of this section for the first conviction, and for cases of recidivism, respectively.

“Surroundings of a center, an institution or a facility” shall be understood to cover an area of up to one hundred (100) radial meters measured from their boundaries, as indicated by a fence or by any other sign of demarcation.

History —June 23, 1971, No. 4, p. 526, added as § 411A on Oct. 30, 1975, No. 13, p. 799, § 1; June 5, 1986, No. 40, p. 110, § 1; May 27, 1988, No. 33, p. 126, § 1; Jan. 17, 1995, No. 6, § 2; Jan. 10, 1998, No. 18, § 1.