§ 5-64-402 — Controlled substances - Offenses relating to records, maintaining premises, etc

(a) It is unlawful for any person: (1) To refuse an entry into any premises for any inspection authorized by this chapter; or (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. (b) (1) Any person who violates this section is guilty of a Class C felony. (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. (c) As used in this section: (1) "Certified drug-free zone" means: (A) A city or state park; (B) A public or private elementary or secondary school, public vocational school, or public or private college or university; (C) A designated school bus stop as identified on the route list published by a public school district annually; (D) A publically funded and administered multifamily housing development; (E) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade; (F) A drug or alcohol treatment facility; (G) A day care center; (H) A church; or (I) A shelter as defined in § 9-4-102 ; and (2) "Recreation center" means a public place consisting of various types of entertainment including without limitation: (A) Billiards or pool; (B) Ping pong or table tennis; (C) Bowling; (D) Video games; (E) Pinball machines; or (F) Any other similar type of entertainment.

Legislative History

Acts 1971, No. 590, Art. 4, § 2; 1975 (Extended Sess., 1976), No. 1225, § 1; 1977, No. 557, § 2; A.S.A. 1947, § 82-2618; reen. Acts 1987, No. 1013, § 1; 1993, No. 1189, § 6; 2005, No. 1994, § 305[A]; 2007, No. 827, § 59; 2011, No. 570, § 34.