§ 48–1004. Prohibition.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) It shall be unlawful for a person to congregate in a group of 2 or more within the perimeter of a drug free zone established pursuant to § 48-1002 for the purpose of committing an offense under subchapter IV of Chapter 9 of this title, and to fail to disperse after being instructed to disperse by a uniformed officer of the Police Department who reasonably believes the person is congregating for the purpose of committing an offense under subchapter IV of Chapter 9 of this title.

(b) In making a determination that a person is congregating in a drug free zone for the purpose of committing an offense under subchapter IV of Chapter 9 of this title, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:

(1) The conduct of a person being observed, including that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity, such as the observable distribution of small packages to other persons, the receipt of currency for the exchange of a small package, operating as a lookout, warning others of the arrival of police, concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity, or engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;

(2) Information from a reliable source indicating that a person being observed routinely distributes illegal drugs within the drug free zone;

(3) Information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug free zone;

(4) Such person is physically identified by the officer as a member of a gang or association which engages in illegal drug activity;

(5) Such person is a known unlawful drug user, possessor, or seller;

(6) Such person has no other apparent lawful reason for congregating in the drug free zone, such as waiting for a bus, being near one's own residence, or waiting to receive medical or social services;

(7) Any vehicle involved in the observed circumstances is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest warrant for a crime involving drug related activity.

(c) The prohibition under this section shall not be applied with the primary purpose of depriving persons of social or medical services.

(d) The Chief of Police shall issue a General Order establishing protocols to ensure that persons seeking or receiving medical or social services near or in a drug free zone are not prevented, discouraged, or otherwise deterred from seeking such services.