Student Faces Drug Charge

ANY AMOUNT OF POT IN A SCHOOL ZONE IS A FELONY

A West High School senior is facing a felony drug charge after a very
small amount of marijuana was found by police in her car on school
grounds, according to documents filed in court this week.

Police spokeswoman Anita Shell did not know exactly how much pot was
discovered, but said that it was a small enough amount that if it
wasn't found in a school zone, the charge would have been a
misdemeanor.

Shell said state law provides stiffer charges and penalties for pot in
a school zone, the same way statutes boost speeding fines.

Officers stumbled across the pot while investigating a liquor store
theft, Shell said. Around 10:30 a.m. on Oct. 27, she said, an employee
at the Aurora Village Oaken Keg on Northern Lights Boulevard reported
that a young man had stolen a 1.75-liter bottle of Jim Beam whiskey.
The employee provided police with the license plate of the Pontiac
Grand Am the man fled in, Shell said.

Police contacted the owner of the Pontiac, who said her daughter had
driven the car to school, Shell said. The mother gave police
permission to search the vehicle, Shell said.

The family could not be reached for this story.

Police went to West High to talk to the teenager. They did not find
the whiskey when they searched the car, but did spot a small amount of
pot in a center console, according to Shell and charges filed in court
Tuesday. Police say the teen told them the pot was hers.

The 18-year-old student, who has no other adult criminal record, is
charged with fourth-degree misconduct involving a controlled
substance, a felony, court documents say. If convicted, she faces up
to five years in prison and a $50,000 fine.

A 19-year-old man, who is not a West student, was charged with theft
in the liquor store incident, Shell said.

According to state statutes, it is a Class C felony to possess any
amount of marijuana on or within 500 feet of a school or on a school
bus. The law provides for an exception to the stiffer charge if the
offense occurs within a private residence that is within 500 feet of
school grounds.

The penalties are stiffer for harder drugs, such as cocaine and
heroin. Possessing any amount of those substances on or near school
grounds is a Class B felony, punishable by a fine up to $100,000 and
10 years in jail if convicted, which is a harsher penalty than if the
drugs were possessed elsewhere.

The quantity of illegal drugs a person is found with in school zone
cases does not affect the charge against them, but it could well be a
factor in sentencing if convicted.

Anchorage School District officials said they could not comment on
what administrative actions were taken against the student. According
to the district's 2003-2004 High School Student Handbook, a first
offense by a student who violates the school's drug policy will
result, among other things, in an automatic 10-day suspension and
referral to a drug-alcohol program.