those caught with drugs near schools or public parks.

National Drug Commission executive director Derrick Binns yesterday conceded that the law -- which requires a $1,000 fine be added to the punishment of anyone found with drugs or drug equipment within 300 metres of a school, youth centre, or park where young people gather -- was worth studying after a crack cocaine addict bitterly complained that it was unfair.

Mervyn Smith, 44, of Bob's Valley in Sandys Parish, admitted in Magistrates' Court that he had a crack cocaine pipe in his left jacket pocket when Police searched him early in the morning of January 23.

But he contended that he should not be fined extra for having the drug equipment while in the vicinity of a school.

Smith was ordered to pay a fine of $200 for having the pipe and a further $1,000 for being in the increased penalty zone -- he was 120 yards away from West End Primary School.

"Your honour, there needs to be some sort of stipulation in the law to deal with the difference of drug dealers and simple drug users,'' Smith told Senior Magistrate Will Francis. "I only had a crack pipe, not even any drugs.'' Highlighting what he saw as a flaw in the law, Smith pointed out that the school had long been closed at the time he was found with the pipe.

"It was midnight,'' Smith said. "No school children should have been in the area at that hour anyway. And if they were, their parents should be here to explain why.'' Smith noted that as a drug addict he is bound to have serious problems with the law because his home actually falls within the penalty zone. But he sought to make clear that he is not a drug dealer and does not want to ruin young lives.

When contacted yesterday, Dr. Binns said: "I have heard some describe this law as being indiscriminate in that if its intent is to keep drugs away from youngsters, that it goes much further than that.'' While the NDC Board is to meet before the end of this month, the issue will be placed on the agenda to be dealt with at the end of June.

Meanwhile, Health Minister Nelson Bascome said he would be seeking the advice of Attorney General Lois Browne Evans on the matter.

Mrs. Browne Evans is currently off the island and Public Safety Minister Paula Cox did not return calls.

But Shadow Public Safety Minister Michael Dunkley strongly objected to any thought of changing the law.

"I feel very strongly that we should not consider making any changes to the law,'' Mr. Dunkley said. "If we are serious about making this society drug free, then we need to send a strong message to everyone and not pander back and forth.

"Already we are too lenient,'' Mr. Dunkley said. "The penalties are actually not harsh enough.''