¶1¶ 1 I join the dissents of Judge Johnson and Judge Musmanno. I write separately because I conclude that the statute is too vague to permit implementation.
¶2¶ 2 The prohibited conduct must occur “within 1000 feet of real property on which is located a public, private or parochial school or a college or university ...” 18 Pa.C.S.A. § 6317(a). My concern with this language is that the boundary of the “real property” is never marked therefore one cannot know the extent of the proscribed area. Further, in many places, it is not uncommon for institutions of learning to lease commercial space to accommodate students. A literal reading of the statute would extend the “zone” to 1000 feet around a commercial building even if its use as a school is not generally known.
¶3¶ 3 Thus, while I agree with the legislative intent to restrict sales at or near schools, I cannot find this statute sufficiently specific to permit enforcement.
¶4¶ 4 MUSMANNO, J., joins this Dissenting Statement.