Chapter 10. Drug Free Zones.

§ 48–1001. Definitions.

*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.*

For the purposes of this chapter, the term:

(1) "Chief of Police" means the Chief of the Metropolitan Police Department as the designated agent of the Mayor.

(2) "Controlled Substances Act" means the Chapter 9 of this title.

(3) "Disperse" means to depart from the designated drug free zone and not to recongregate within the drug free zone with anyone from the group ordered to depart for the purpose of committing an offense under subchapter IV of Chapter 9 of this title for the duration of the zone.

(4) "Drug free zone" means public space on public property in an area not to exceed a square of 1,000 feet on each side that is established pursuant to § 48-1002.

(5) "Illegal drug" means the same as the term "controlled substance" in § 48-901.02(4).

(6) "Known unlawful drug user, possessor, or seller" means a person who has, within the knowledge of the arresting officer, been convicted in any court of any violation involving the use, possession, or distribution of any of the substances referred to in subchapter IV of Chapter 9 of this title.

(7) "Police Department" means the Metropolitan Police Department.

(June 3, 1997, D.C. Law 11-270, § 2, 43 DCR 4493; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117; June 3, 1997, D.C. Law 11-270, § 6, 43 DCR 4493; revived Mar. 11, 2024, D.C. Act 25-410, § 30, 71 DCR 2693.)

Prior Codifications

1981 Ed., § 33-581.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary addition of subchapter, see §§ 2-6 of the Anti-Loitering/Drug Free Zone Emergency Act of 1996 (D.C. Act 11-278, May 29, 1996, 43 DCR 2974),§§ 2-6 of the Anti-Loitering/Drug Free Zone Legislative Review Emergency Act of 1996 (D.C. Act 11-319, July 31, 1996, 43 DCR 4487), §§ 2-6 of the Anti-Loitering/Drug Free Zone Congressional Review Emergency Act of 1996 (D.C. Act 11-426, October 28, 1996, 43 DCR 6331), §§ 2-6 of the Anti-Loitering/Drug Free Zone Second Congressional Review Emergency Act of 1996 (D.C. Act 11-468, December 30, 1996, 44 DCR 175), and §§ 2-6 of the Anti-Loitering/Drug Free Zone Congressional Review Emergency Act of 1997 (D.C. Act 12-55, March 31, 1997, 44 DCR 2219).

§ 48–1002. Procedure for establishing a drug free zone.

(a) The Chief of Police may declare any public area a drug free zone for a period not to exceed 120 consecutive hours.

(b) In determining whether to designate a drug free zone, the Chief of Police shall consider the following

(1) Within the preceding 6-month period, the occurrence of a disproportionately high number of:

(A) Arrests for the possession or distribution of illegal drugs in the proposed drug free zone;

(B) Police reports for dangerous crimes, as that term is defined in § 23-1331(3), that were committed in the proposed drug free zone; or

(C) Police reports for crimes of violence, as that term is defined in § 23-1331(4), that were committed in the proposed drug free zone;

(2) Any number of homicides that were committed in the proposed drug free zone;

(3) Objective evidence or verifiable information that shows that illegal drugs are being sold and distributed on public space on public property within the proposed drug free zone; and

(4) Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of residents who live in the proposed drug free zone are endangered by the purchase, sale, or use of illegal drugs or other illegal activity.

(1) The Chairman and each member of the Council of the District of Columbia of the declaration of the drug free zone and the boundaries of the drug free zone;

(2) All licensed medical or social services clinics operating in or adjacent to the drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; and

(3) The Deputy Mayor for Health and Human Services, the Director of the Department of Behavioral Health, the Director of the Department of Health, the Director of the Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General's "Cure the Streets" program of the designation of the drug free zone, the boundaries of the drug free zone, and the need for any relevant medical or social services in the surrounding area, in order to ensure that this designation does not conflict with § 48-1004(c).

(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug free zone for more than 360 consecutive hours or for more than 360 hours within a 30-day period.

(June 3, 1997, D.C. Law 11-270, § 3, 43 DCR 4493; Apr. 24, 2007, D.C. Law 16-306, § 226, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 226, 56 DCR 7413; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117; June 3, 1997, D.C. Law 11-270, § 6, 43 DCR 4493; revived Mar. 11, 2024, D.C. Act 25-410, § 30, 71 DCR 2693.)

Prior Codifications

1981 Ed., § 33-582.

Section References

This section is referenced in § 48-1001 and § 48-1004.

Effect of Amendments

D.C. Law 16-306, in subsec. (a), substituted “240 consecutive hours” for “120 consecutive hours”.

D.C. Law 18-88, in subsec. (a), substituted “480 consecutive hours” for “240 consecutive hours”; and rewrote subsecs. (b)(1), (2).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary addition of subchapter, see note to § 48-1001.

For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

§ 48–1003. Notice of a drug free zone.

Upon the designation of a drug free zone, the Police Department shall mark each block within the drug free zone by using barriers, tape, or police officers that post the following information in the immediate area of, and borders around, the drug free zone:

(1) A statement that it is unlawful for a person to congregate in a group of 2 or more persons for the purpose of committing an offense under subchapter IV of Chapter 9 of this title within the boundaries of a drug free zone, 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;

(2) The boundaries of the drug free zone;

(3) A statement of the effective dates of the drug free zone designation; and

(4) Any other additional notice to inform the public of the drug free zone.

§ 48–1004. Prohibition.

(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.

§ 48–1005. Penalties.

(a) Any person who violates § 48-1004 shall, upon conviction, be subject to a fine of not more than $300, imprisonment for not more than 180 days, or both.

(b) The fine set forth in this section shall not be limited by § 22-3571.01.

(June 3, 1997, D.C. Law 11-270, § 6, 43 DCR 4493; June 11, 2013, D.C. Law 19-317, § 253, 60 DCR 2064; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117; revived Mar. 11, 2024, D.C. Act 25-410, § 30, 71 DCR 2693.)

Prior Codifications

1981 Ed., § 33-585.

Effect of Amendments

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $300”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 30 of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary addition of subchapter, see note to § 48-1001.

For temporary (90 days) amendment of this section, see § 253 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.