Commonwealth v. Burns

As pertinent here, Code § 18.2-255.2, the so-called “Drug-Free Zone Act,” makes it a separate felony, with additional punishment, for any person to distribute cocaine upon public property within 1,000 feet of any elementary, middle, or high school. The question for decision is whether considerations of due process bar the application of Code § 18.2-255.2 to a sale of cocaine made within the prescribed distance when school is not in session and no children are present.

The defendant, Frances Burns, was charged in the first count of a two-count indictment with distributing cocaine in violation…