Section 40A of Chapter 272 of the General Laws as appearing in the 2008 Official Edition is hereby amended by striking out Section 40A, and inserting in its place the following section:-
Section 40A. (a.) Whoever gives, sells, delivers or has in their possession any alcoholic beverage, except for medicinal purposes, in any premises comprising an accredited public, private, or parochial school, youth center, or community center, or on any premises used for public school purposes and under the charge of a school committee or other public board or officer, shall be punished by imprisonment for not more than 30 days in a house of correction or by a fine of not more than $100, or both; provided, however, that a school committee of a city, town or district may authorize a public or nonprofit organization using a public school building with its permission during non school hours to possess and sell alcoholic beverages therein provided such nonprofit organization is properly licensed under the provisions of section 14 of chapter 138.
(b.)Notwithstanding section 32L of chapter 94C, Whoever has in their possession a class D substance while in or on any premises comprising an accredited public, private, or parochial school, youth center, or community center, or on any premises used for public school purposes and under the charge of a school committee or other public board or officer, unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner while acting in the course of their professional practice, shall be punished by imprisonment for not more than 30 days in a house of correction or a fine of not more than $100, or both.
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