Drug-free Workplace Policy-Attachment A

Drug-free Workplace Policy-Attachment A

Abstract:
This attachment to the Drug-free Workplace Policy outlines the federal penalties and sanctions for illegal possession of a controlled substance.
Effective Date:
3/10/1992
Contacts:
None Assigned
Administrative Category:
Applies To:
Faculty, Staff
Keyword(s):
Material Original Source:

Drug-free Workplace Policy-Attachment A
"Applicable Legal Sanctions"
March 10, 1992

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

(55 Federal Register 33589)

21 U.S.C. 844 (a)

First conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:

    1. First conviction and the amount of crack possessed exceeds 5 grams.
    2. Second crack conviction and the amount of crack possessed exceeds 3 grams.
    3. Third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

    21 U.S.C. 853 (a) (2) and 881 (a) (7)

    Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack.)

    21 U.S.C. 881 (a) (4)

    Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.

    21 U.S.C. 844a

    Civil fine of up to $10,000 (pending adoption of final regulations).

    21 U.S.C. 853a

    Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

    18 U.S.C. 922 (g)

    Ineligible to receive or purchase a firearm.

    Miscellaneous

    Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

    Note: See Attachment A.1 for additional Federal drug trafficking penalties and information.
    Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

    Summary of State Penalties and Sanctions

    Under Alabama law, the possession, purchase, or consumption of alcoholic beverages by a person under 21 years of age is punishable by a fine of up to $500 and by up to three months in jail. Also under Alabama law, for a first offense, unlawful possession of a controlled substance (that is, illegal drugs) may be punished by imprisonment up to ten years and a $5,000 fine and unlawful distribution of controlled substances may be punished by imprisonment up to 20 years and a $10,000 fine. Subsequent offenses may carry more stringent sentences.

    Drug-Free Schools and Communities Act

    Illegal drug and alcohol use, consumption, distribution, etc. on college and university campuses also are covered by the provisions of the United States Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226).

    Legal Sanctions in Foreign Countries

    Employees in a program in a foreign country conducted by UAB alone or in conjunction with a foreign university also may be subject to sanctions under foreign law or under the Uniform Code of Military Justice. Although the legal sanctions described in this policy under United States law may not apply to employees in a foreign country, UAB will nevertheless hold such employees to the same standards as employees within the United States and will take the disciplinary actions described in this policy for violations of these standards.