Controlled substances — Offenses relating to records, maintaining premises, etc

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  1. (a) It is unlawful for any person:

    1. (1) To refuse an entry into any premises for any inspection authorized by this chapter; or

    2. (2) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place or premise that is resorted to by a person for the purpose of using or obtaining a controlled substance in violation of this chapter or that is used for keeping a controlled substance in violation of this chapter.

  2. (b)

    1. (1) Any person who violates this section is guilty of a Class C felony.

    2. (2) However, a violation of this section is a Class B felony if the violation is committed on or within one thousand feet (1,000') of the real property of a certified drug-free zone.

  3. (c) As used in this section:

    1. (1) “Certified drug-free zone” means:

      1. (A) A city or state park;

      2. (B) A public or private elementary or secondary school, public vocational school, or public or private college or university;

      3. (C) A designated school bus stop as identified on the route list published by a public school district annually;

      4. (D) A publically funded and administered multifamily housing development;

      5. (E) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade;

      6. (F) A drug or alcohol treatment facility;

      7. (G) A day care center;

      8. (H) A church; or

      9. (I) A shelter as defined in § 9-4-102; and

    2. (2) “Recreation center” means a public place consisting of various types of entertainment including without limitation:

      1. (A) Billiards or pool;

      2. (B) Ping pong or table tennis;

      3. (C) Bowling;

      4. (D) Video games;

      5. (E) Pinball machines; or

      6. (F) Any other similar type of entertainment.


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