In a case charging the defendant with the sale of marijuana within 100 feet of a school or park, the Appeals Court ruled that a private playground open to the public does not fit the definition of a “school or park” under G. L. c. 94C, § 32J.
In Commonwealth v. Gopaul, the Court answered the following reported questions:
1) With reference to the phrase ‘public park or playground’ in G. L. c. 94C, § 32J, does the word public modify both park and playground? Yes
2) Is it within the purview of G. L. c. 94C, § 32J, if the incident occurs within 100 feet of a playground on private property?” No
Photo credit: Playground