Polk County in the News for Over Charging School Zone Drug Cases: How this Helps Fight Your Minnesota Controlled Substance Case

January 29, 2025
Subzero Criminal Defense

In Minnesota, there are heightened penalties if you possess or sell drugs in a school zone. See Minn. Stat. § 152.021 Subd. 14a. The intention was to prosecute people who are dealing drugs on or very near school property. Which makes total sense. Nobody wants drug dealers dealing on school property. But the problem comes in the scope of the statute and how some prosecutors are using it.

Scope of the School Zone/ Park Zone Law

Anywhere within 300 feet of school property or park is considered to be part of the school zone/park zone. 300 feet is a long distance. It’s the length of a football field. So, you can be charged with a school zone drug charge even if you were never on school property or even that close. If you live within 300 feet of school property any possession of controlled substances can potentially trigger school zone enhancements, even though there was no allegation that children were involved or even nearby.

Pushing the Boundaries of the Law

There are some questions of the justice of charging someone with a school zone violation who is merely possessing drugs 290 feet away from a school. But it’s the statute. But some prosecutors are pushing the boundaries of the statute and are charging cases where a defendant was merely driving through a school zone. None more so than the Polk County Attorney’s Office who was blasted in a recent news article. Polk County is in the northwest portion of the state. Their county seat is Crookston, MN. And they are on the other side of the border from Grand Forks, ND. Polk County’s population only accounts for 0.5% of the Minnesota population, but 61% of the state’s school zone drug conviction come from Polk County. They charge a disproportionate amount of the crimes because anybody who drives within 300 feet of a school, is considered to be a violator. The problem is that parks and school are scattered all over the place implicating nearly anybody who drives anywhere. The news article even mentions that Polk County’s actions have drawn attention from civil liberties advocates.

Experience in Litigating School Zone Violation Drug Cases

I assisted in litigating a drug school zone case in Polk County in 2023 where we used as evidence a map showing that every major road in Crookston, MN came within 300 feet for a school or park. There was no way to cross the city of Crookston, MN, without passing through a school or park zone absent taking a zigzag route through neighborhood side streets (which no rational person would ever take as a route). I cannot get into the details of the case in this blog post. But I can say that challenging school zone violations for people who are merely driving through a school zone is ripe for litigation and even appeals for violating equal protection and for the statute to be void for vagueness. Other counties have not charged cases as brazenly as Polk County, but challenges to these types of cases is a potential to be explored if you were charged with this offense regardless of the county.

Conclusion

If you are charged with a school zone drug possession or sales case, you want a skilled criminal defense attorney who is knowledgeable and will advocate on your behalf. There are over 6,000 lawyers in the state of Minnesota. But not every lawyer will be skilled at defending a drug charge. Peter Lindstrom, Esq. was trained at the nation’s best seminar on defending drug crimes. He has strategies and knowledge about litigating drug crimes issues that other lawyers do not have. Contact Subzero Criminal Defense for a free consultation. 651-248-5142