Drug-Free Campus and Workplace Policy

Drug-Free Campus and Workplace Policy

Abstract:
This policy describes the University’s commitment to maintaining a healthy campus environment, free of the effects of alcohol and substance abuse.
Effective Date:
9/27/2018
Contacts:
None Assigned
Administrative Category:
Applies To:
Faculty, Staff, Students
Material Original Source:

University of Alabama at Birmingham

DRUG-FREE CAMPUS AND WORKPLACE POLICY 

September 27, 2018

(Replaces Drug-Free Campus for Students Policy dated December 14, 1991 and Drug-Free Workplace Policy dated March 10, 1992)

 

 

Related Policies, Procedures, and Resources
Board of Trustees Board Rule 303 Compliance with Drug-free Workplace Requirements
HR Policy 634 - Alcohol and Drug Testing for Reasonable Cause
School of Dentistry Policy on Impairment and Chemical Substance Abuse
UAB Residence Life Handbook
Sections of the You & UAB Handbook related to dismissal 
Guidelines for Hosting Off Campus Events with Alcohol for Student Groups
UAB Enterprise Code of Conduct
UAB Student Conduct Code
General Policy Regarding the Use and Consumption of Alcoholic Beverages

 
 

INTRODUCTION 

The University of Alabama at Birmingham (UAB) is committed to providing a healthy drug-free work and educational environment for all members of the UAB community, including faculty, staff, students, and visitors. Alcohol abuse and illicit drug use endangers the health and safety of employees, students and visitors. Such abuse adversely affects and interferes with UAB's achievement of its mission, and it is not condoned.

 

 SCOPE

 This Drug-Free Campus and Workplace Policy applies to all members of the UAB community, including all students, faculty, and staff, as well as visitors. It applies to behavior that occurs on the UAB campus, on property owned or controlled by UAB, and at UAB-sponsored or University-supervised activities, including use and operation of UAB-sponsored vehicles. This policy works in conjunction with the UAB Student Conduct Code, HR Policy 634 - Alcohol and Drug Testing for Reasonable Cause, and the General Policy Regarding the Use and Consumption of Alcoholic Beverages. 

 

POLICY STATEMENT 

Every UAB community member has a personal responsibility to adhere to all applicable laws and regulations, and policies concerning the use of alcohol or other drugs.  These include federal and state laws, city ordinances, the Student Conduct Code, the UAB Enterprise Code of Conduct, and other UAB policies.

 

I.            STANDARDS OF CONDUCT 

A.           UAB EMPLOYEES

Prohibited Conduct: Unlawful manufacture use, and/or distribution, dispensation, possession of illicit drugs, controlled substances, or alcoholic beverages by any employee of UAB, including employees of UAB programs in foreign countries, during his or her work shift/assignment, whether on the premises of UAB or at another site where the employee is carrying out assigned UAB duties, is prohibited.  The term "controlled substance" refers to any chemical substance whose distribution and/or use is controlled or prohibited by some law or statute, or whose distribution and/or use is permitted by a prescription issued by a licensed practitioner.  In order to ensure that all employees are working in a safe, productive environment, the possession, distribution, or consumption of alcoholic beverages is not permitted on the work site or on other UAB property, unless such occurs in the course of an authorized business or special UAB function which includes alcoholic beverages or where consumption was otherwise approved by UAB.  By extension, no employee may report to work while under the influence of alcohol or drugs. 

Reporting of Convictions: Consistent with the Drug-Free Campus and Workplace Policy, and as required by the Drug-Free Workplace Act of 1988, faculty and staff will, as a condition of employment, abide by this Policy and notify their supervisor(s) within five days if they are convicted of violating any criminal drug statute as a result of any activity occurring at the workplace or while engaged in work activities for UAB. The term conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes. 

In cases in which a UAB employee is supported by a federal grant or contract, the appropriate Vice President/Provost/CEO of the UAB Health System, upon receiving notice of a conviction covered by this policy, shall notify the UAB Institutional Official, the Assistant Vice President of the Office of Sponsored Programs within UAB Office of the Vice President of Research. Within ten days after receiving notice of conviction of the employee, the Assistant Vice President of the Office of Sponsored Programs shall notify the granting agency of the conviction. 

In certain situations, UAB is required to report the activities prohibited by the policy to appropriate law enforcement authorities. In all cases, UAB may report activities prohibited by this policy to appropriate law enforcement authorities if it appears that the activity is a violation of law. 

Applicability to Other Policies: Other drug-free policies created to cover specific areas of UAB may be more restrictive than this policy but may not be less restrictive. At a minimum, other such policies must include, or reference, the provisions of this policy. Violators will be subject to the provisions of the more stringent policy.  

This policy does not revoke or otherwise interfere with policies in the health professional schools designed to determine whether health care professionals are impaired and to offer rehabilitation, subject to the above provisions. 

B.           STUDENTS 

A student or student organization(s) may be disciplined for, and is deemed in violation of the Student Conduct Code, for the unlawful use, possession, sale, or distribution of any narcotic, drug paraphernalia, medicine, chemical compound, or other controlled substance that is illegal under federal, state, or local laws. UAB will take disciplinary action against a student, group of students, or student organization for unauthorized use, possession, sale, or distribution of any controlled substance or illegal drug that occurs on UAB property or as part of any UAB activity. A student or student organization may also be disciplined for, and is deemed in violation of the Student Conduct Code for, the unlawful possession, or consumption on campus of alcoholic beverages, public drunkenness, or violation of state or local laws regarding alcohol use or possession. Any disciplinary actions to be taken and the disciplinary procedures to be applied for the fair adjudication of the alleged violations will be in accordance with the Student Conduct Code (see section V, UNIVERSITY DISCIPLINARY SANCTIONS FOR CONTROLLED SUBSTANCE USERS AND ALCOHOL ABUSERS, below). Students are required to comply with this policy in conjunction with the Student Conduct Code and other relevant policies.
 
 

II.          AUTHORIZED USE OF ALCOHOL ON CAMPUS 

The rules and regulations governing the use of alcohol on the UAB campus are consistent with local and state laws and with those regulations governing the use and consumption of alcoholic beverages. In accordance with UAB's desire to maintain a healthy drug-free work and educational environment, these rules are intended to promote minimal use of alcoholic beverages, and use in a responsible manner. Any approved alcohol used on the UAB campus is to be served in a responsible manner that adheres to a set of guidelines common to all groups on campus, both student and non-student.  
 

A.           DESIGNATED LOCATIONS WHERE ALCOHOL MAY BE SERVED AND CONSUMED 

The locations on campus where alcohol may be served and a general description of the rules and approval process to obtain permission to serve is located in UAB’s General Policy Regarding the Use and Consumption of Alcoholic Beverages. The Office of the Provost and the Office of the Vice President for Financial Affairs and Administration are responsible for procedures to implement this policy. 

B.           ALCOHOL IN RESIDENTIAL FACILITIES 

Alcoholic beverages may be possessed and consumed by persons 21 years of age or older inside UAB Student Housing & Residence Life facilities with the exception of Blazer Hall, New Freshmen Residence Hall, and any other designated Freshmen apartments/suites. Current policies and procedures related to the possession and consumption of alcohol in UAB Student Housing & Residence Life facilities can be found in the Residence Life Handbook. 

C.           ADVERTISING AND SPONSORSHIP BY ALCOHOLIC BEVERAGE COMPANIES 

UAB does not accept alcoholic beverage companies' sponsorship of any University or University-related activities, nor does it accept advertising by distillers or other alcoholic beverage producers wherein:
a.    Demeaning or discriminatory representations of individuals or groups are made;
b.    Any form of alcohol abuse or illicit use is encouraged;
c.    Emphasis is placed on quantity or frequency;
d.    Drinking is portrayed as a solution to personal or academic problems, or is shown as necessary to social, sexual, or academic success; or
e.    The consumption of alcohol is associated with the performance of tasks or the operation of motor vehicles. Sponsorship or advertising of University activities by such entities as beer distributors or beer companies is permitted only if responsible drinking programs and related educational activities are the predominant focus of advertising.
 
 

III.       APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND PENALTIES CONCERNING THE UNLAWFUL POSSESSION OR DISTRIBUTION OF ILLICIT DRUGS AND ALCOHOL 

Selling illicit drugs is a criminal offense punishable by fines and/or imprisonment, and driving while intoxicated or under the influence of drugs can result in driver's license revocation or even imprisonment in some cases.  It is also illegal for an individual under the age of 21 to purchase or attempt to purchase alcohol.  A drug conviction under state or federal law may make a student ineligible for federal financial aid (loans, grants, work study) if the drug-related offense was committed while the student was receiving aid. For more information about impact on financial aid, see https://studentaid.ed.gov/sa/eligibility/criminal-convictions.
 
The following sections contain an overview of federal, state, and local laws governing the possession, use, and distribution of controlled substances and alcohol. It is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to indicate the types of conduct that are against the law and the range of legal sanctions/penalties that can be imposed.  Students should also refer to the Office of Student Conduct webpages, Student Sanctioning Guide, which offers general sanctioning recommendations for violations of the Student Conduct Code, and Student Conduct Sanctioning Grid.
 
 

IV.         DRUG OR ALCOHOL COUNSELING, TREATMENT AND REHABILITATION PROGRAMS AVAILABLE TO STUDENTS AND EMPLOYEES 

A.           STUDENTS 

Students: UAB maintains the Collegiate Recovery Community as a resource for students who are concerned about their own use of alcohol and/or drugs, or a friend who is misusing the substances. In addition, programs are described on various websites, in the Annual Campus Security Report, and in the UAB Drug Free Schools and Communities Act Biennial Review [34 CFR Part 86].
 
Student Counseling Services: 1714 9th Avenue South or call (205) 934-5816 to visit with a licensed counselor for counseling, prevention, and screening (http://www.uab.edu/students/counseling/)
 
UAB Police: 1117 14th Street South, or call (205) 348-5454 for campus violence or emergency issues; dial 911 if it is an emergency (http://www.uab.edu/police)
 
Collegiate Recovery Community: (205) 996-1612 (http://www.uab.edu/students/wellness/uab-collegiate-recovery-community).
 
Student Health & Wellness Center: 1714 9th Avenue S., or call (205) 934-3580 to visit with a medical professional (http://www.uab.edu/students/health/).
 
Other services include:
 
Emergencies:
     Call 911 or 9-911 from a campus phone
     UAB Hospital Emergency Room
1802 6th Avenue South
Birmingham, AL 35233
(205) 934-3411
     Crisis Line-Birmingham
3600 8th Ave S #501
Birmingham, AL 35222
(205) 323-7777
 

B.           UAB EMPLOYEES 

UAB is committed to informing employees of the dangers of drug and alcohol abuse in the workplace, of the existence of this policy statement and the available alcohol counseling, rehabilitation, and assistance through the following activities:
·        Regular publication of this policy in appropriate employee publications and distribution to employees in UAB’s foreign programs and to employees in programs conducted in collaboration with foreign universities;
·        Dissemination of this policy and related information at Employee Orientation; and
·        Dissemination of information to supervisors concerning their responsibilities relative to the provision of this policy. 
 

V.           DISCIPLINARY SANCTIONS FOR CONTROLLED SUBSTANCE USERS AND ALCOHOL ABUSERS

Various disciplinary procedures are applicable to faculty, staff, and students. Violations of the standard of conduct will be addressed on a case-by-case basis, with the imposition of discipline appropriate to the severity of the violation.
 
Employees: Violation of this policy by employees shall result in immediate disciplinary action, including, but not limited to, dismissal. All disciplinary measures against tenured faculty members or against those employed for a specific term will be carried out in accordance with rules governing those employees. 
 
In some cases of first violation for unlawful use, an employee may be given, at the discretion of UAB, the option to participate satisfactorily in an approved drug or alcohol abuse, assistance, or rehabilitation program in lieu of disciplinary action. Participation in such an assistance or rehabilitation program is at the expense of the employee. The option shall not be available for subsequent violation of the policy. Please see Alcohol and Drug Testing for Reasonable Cause HR-Policy 634.
 
Students: Students who violate any provision of the University's Student Conduct Code will be held accountable for their behavior and will be subject to appropriate disciplinary action, consistent with local, state, and federal law and the provisions of the Student Conduct Code. Such action may include mandatory counseling, a reprimand and warning, loss of privileges, disciplinary probation, community service, restitution, attendance at alcohol and substance abuse classes, suspension, expulsion, and/or referral to the proper law enforcement authorities for prosecution. Common sanctions for students for drug and alcohol offenses imposed by the Office of Student Conduct are publicized on that office’s website, at http://www.uab.edu/students/conduct/resources/student-sanctioning-guide.
 
 
VI.         EVALUATION
 
UAB, through its Alcohol and Other Drug Biennial Work Group, conducts a biennial review of its drug abuse prevention program to determine its effectiveness, implement needed changes, and ensure that disciplinary sanctions are enforced consistently.  Certain parameters, which may be evaluated and reviewed on a biennial basis, include:
 
a.    the number of disciplinary actions issued,
b.    the number of students involved in classes and counseling sessions,
c.    the number of drug and alcohol arrests by the UAB Police,
d.    the number of recorded violations of housing regulations for drug and alcohol violations,
e.    the amount of vandalism in the residence halls,
f.     the number of incidents of violence (rape, assault, etc.), and
g.    the outcomes of treatment, assessed at prescribed follow-up intervals. 
 
 

IMPLEMENTATION 

The Senior Vice President for Finance and Administration is responsible for the implementation of this policy and any associated procedures as relating to UAB employees.  The Vice President for Student Affairs is responsible for the implementation of this policy and any associated procedures as relating to students, student organizations, and student facilities.
 
 

ATTACHMENT 1 

FEDERAL DRUG OFFENSES AND PENALTIES

 
Possession of Controlled Substances: Federal drug possession penalties generally consider only the drug violation history of the offender. With one exception (when the possession is for personal use for which a civil penalty up to $10,000 may be imposed if first offense), federal penalties for a person convicted of possession of any type or amount of a controlled substance can be:
     up to one year in prison and a minimum fine of $1,000 for a first offense;
     a minimum of 15 days and a maximum of two years in prison and a minimum fine of $2,500 for a second drug offense; and
     a minimum of three months and a maximum of three years in prison and a minimum fine of $5,000 for a third drug offense.
Persons convicted of possession of certain amounts of a mixture or substance containing cocaine base such as crack cocaine face much stiffer penalties under mandatory minimum sentencing, including at least five years in prison, not to exceed 20 years and fined a minimum of $1,000 or both, if:
a)    first conviction and the amount of crack possessed exceeds five grams;
b)    second crack conviction and the amount of crack possessed exceeds three grams; or
c)    third or subsequent crack conviction and the amount of crack possessed exceeds one gram (21 U.S.C. 844(a)).
 
Federal Drug Trafficking: Federal drug trafficking penalties consider the type and amount of the drug involved, the offender’s drug violation history, and other factors.  The US Drug Enforcement Administration (DEA) maintains a list of penalties for federal trafficking offenses, a copy of which is incorporated at the end of this policy as ATTACHMENT2. Generally, for each drug, there is a threshold amount that brings the offender under the mandatory minimum sentencing structure. When death or serious bodily injury results from use of the drugs, first time offenders are subject to a sentence of 20 years to life, and repeat offenders are subject to a mandatory life sentence. A first offense of distributing to persons under age 21 may be punishable by twice the maximum sentence, and three times for second offenses (21 U.S.C. §859). If the trafficking is on premises in which a person under age 18 is present or resides, an additional penalty up to 20 years imprisonment may be imposed (21 U.S.C. § 860a). Persons convicted of trafficking within 1,000 feet of a school or college face penalties twice as high as the maximum penalties, with a mandatory one-year prison sentence for first offenses, and three times as high for second offenses (21 U.S.C. § 860).
 
Drug Paraphernalia: Any person who sells, offers to sell, transports, exports or imports drug paraphernalia is subject to three years imprisonment (21 U.S.C. § 863).
 
Other Penalties: A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and professional and commercial licenses for up to one year for a first offense and up to five years for subsequent offenses (21 U.S.C. § 862). Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction; possession convictions may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions (21 U.S.C. § 862). In addition, for crimes punishable by more than one year in prison, the person will forfeit personal or real property related to the violation, including houses, cars, and other personal belongings (21 U.S.C. § 853 (a)(2) & 881(a)(7)), or vehicles, boats, or other conveyance used to transport or conceal controlled substances (21 U.S.C. § 881(a)(4)). Finally, persons convicted are ineligible to receive or purchase a firearm (18 U.S.C. 922(g)).
 

A.           STATE OF ALABAMA DRUG OFFENSES AND PENALTIES 

A list of Alabama statutes regarding controlled substances, marijuana and drug paraphernalia is incorporated at the end of this policy and enclosed as ATTACHMENT4. Crimes involving controlled substances range from Class A to Class C felonies, punishable by substantial prison terms and/or fines, with enhanced penalties if controlled substances are sold to persons under 18 years of age or within a three-mile radius of campus boundaries of a college or school. Possession of marijuana for personal use is a Class A misdemeanor for the first offense, but elevated to a Class C felony for a second offense. Possessing drug paraphernalia is a Class C misdemeanor, but elevated to a more serious Class B felony if sold to a person under 18 years of age. The Department of Public Safety may suspend a driver’s license for six months for persons convicted of a drug offense.
 

B.           STATE ALCOHOLIC BEVERAGE LAWS AND PENALTIES 

Various Alabama statutes address alcohol-related laws and penalties. Most offenses expose an individual to 30 days to six months in jail and a fine no greater than $500. Penalties for DUI increase with the number of offenses, with the fourth DUI exposing a person to a felony charge, with imprisonment from 1-10 years and fine from $4,100 to $10,100. Significantly, the fourth DUI results in mandatory revocation of the person’s driver’s license for five years. Adults who authorize a party at a residence they control and allow the party to continue with persons under age 21 illegally possessing or consuming alcohol without taking reasonable action to prevent it expose themselves to a $3,000 fine and up to six months in jail. Finally, in addition to criminal penalties, civil monetary damages are available through the Alabama Civil Damages Act and/or Alabama Dram Shop Act if injuries are caused by a minor who has consumed alcohol.
 
 

ATTACHMENT 2 

 
FEDERAL TRAFFICKING PENALTIES FOR SCHEDULES I, II, III, IV, and V (EXCEPT MARIJUANA)
 
Schedule
Substance/Quantity
Penalty
Substance/Quantity
Penalty
II
Cocaine
500-4999 grams mixture
First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life.
Fine of not more than $5 million if an individual, $25 million if not an individual.
Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
Cocaine
5 kilograms or more
mixture
First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life.
Fine of not more than $10 million if an individual, $50 million if not an individual.
Second Offense: Not less than 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if
not an individual.
II
Cocaine Base
28-279 grams mixture
Cocaine Base
280 grams or more mixture
IV
Fentanyl
40-399 grams mixture
Fentanyl
400 grams or more mixture
I
Fentanyl Analogue
10-99 grams mixture
Fentanyl Analogue
100 grams or more mixture
I
Heroin
100-999 grams mixture
Heroin
1 kilogram or more mixture
I
LSD
1-9 grams mixture
LSD
10 grams or more mixture
II
Methamphetamine 5-49 grams pure or
50-499 grams mixture
Methamphetamine
50 grams or more pure or 500 grams or more mixture
II
PCP
10-99 grams pure or 100-999 grams mixture
PCP
100 grams or more pure or 1 kilogram or more mixture
 
 
 
 
 
Substance/Quantity
Penalty
Any amount of other Schedule I & II
substances
First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than Life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.
Any drug product containing Gamma
Hydroxybutyric Acid
Flunitrazepam (Schedule IV) 1 Gram
Any amount of other Schedule III drugs
First Offense: Not more than 10 yrs. If death or serious bodily injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual.
Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual.
Any amount of all other Schedule IV drugs (other than one gram or more of Flunitrazepam)
First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.
Any Amount of all Schedule V drugs
First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.
Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.
 
 

ATTACHMENT 3

 
FEDERAL TRAFFICKING PENALTIES FOR MARIJUANA, HASHISH AND HASHISH OIL, SCHEDULE I SUBSTANCES
 
Marijuana
1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants
First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.
Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual.
Marijuana
100 to 999 kilograms marijuana
mixture or 100 to 999 marijuana plants
First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual.
Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50million if other than an individual.
Marijuana
50 to 99 kilograms marijuana mixture,
50 to 99 marijuana plants
First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual.
Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.
Hashish
More than 10 kilograms
Hashish Oil
More than 1 kilogram
Marijuana
less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight)
1 to 49 marijuana plants
First Offense: Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual.
Second Offense: Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual.
Hashish
10 kilograms or less
Hashish Oil
1 kilogram or less
 
 

ATTACHMENT 4 

 
STATE OF ALABAMA CONTROLLED SUBSTANCES/MARIJUANA VIOLATIONS AND PENALTIES
 
VIOLATION
PENALTIES*
AL CODE §
CONTROLLED SUBSTANCES
Trafficking: Knowingly sells, manufactures, delivers or brings into state cannabis (in any of its forms), cocaine, heroin, morphine, opium, methaqualone, hydromorphine, methylenedioxy
amphetamine, phencyclidine, lysergic acid diethylamide, methamphetamine, or LSD
Class A Felony.
Imprisonment & fines dependent on amounts Prison: Ranges from 3 years to mandatory life in prison without parole
Fine: Ranges from $50,000 - $250,000
13A-12-231
Sale of controlled substance by person over 18 to person under 18
Class A Felony. Not eligible for suspended sentence or probation
Prison: 10-99 years or life Fine: Not more than $60,000
13A-12-215
Sale of controlled substance that is on the campus or within a 3-mile radius of campus boundaries of any public or private school, college, university or other educational institution or of public housing
Class A Felony.
Prison: Add five years to penalty
13A-12-250
13A-12-270
Engages in a criminal enterprise, in connection with 5 or more persons, to traffic in illegal drugs
Class A Felony. Prison: 25 years to life w/o eligibility for parole; Fine: Not more than
$500,000; 2nd offense: Prison: mandatory life Fine: $150,000 - $1,000,000
13A-12-233
Manufacturing controlled substance if 2 or more of following conditions are present: possession of firearm, use of booby trip, use of clandestine lab within 500 feet of a residence or school, the presence of someone under 17 years of age during
the manufacturing process
Class A Felony. Not eligible for suspended sentence or probation
Prison: 10-99 years or life Fine: Not more than $60,000
13A-12-218
Manufacture of a controlled substance
Class B Felony. Prison: 2-20 years
Fine: Not more than $30,000
13A-12-217
Distribution of controlled substances (furnished, sold, given away, manufactured, delivered or distributed)
Class B Felony. Prison: 2-20 years Fine: Not more than $30,000
13A-12-211
Possession or receipt of controlled substances
Class C Felony. Prison: 1-10 years
Fine: Not more than $15,000
13A-12-212
Person convicted of attempt, criminal solicitation & criminal conspiracy to commit controlled substance crime
Punishable the same as the crime itself
13A-12-202 (c); -203(c);
-204(c)
MARIJUANA & DRUG PARAPHERNALIA
Possession of marijuana in first degree (other than personal use or previously convicted of possession in second degree)
Class C Felony. Prison: 1-10 years Fine: Not more than $15,000
13A-12-213
Possession of marijuana in second degree (for personal use only)
Class A Misdemeanor. Jail: Not more than 1
year; Fine: Not more than $6,000
13A-12-214
Use, possession, delivery, or sale of drug paraphernalia
Class B Felony for sale to one under 18 by one over 18. Prison: 2-20 years; Fine: Not more than $30,000
Class C Felony for sale. Prison: 1-10 years; Fine: Not more than $15,000
Class C Misdemeanor for possession. Jail: Not more than 3 months; Fine: Not more than $500
13A-12-260
* Imprisonment sentences for felonies: §13A-5-6 & for misdemeanors:§13A-5-7; fines for felonies: §13A-5-11 & for misdemeanors: §13A-5-12. Driver’s license suspended for 6 months for any drug offense conviction (§13A-12-290).
Note: A drug conviction under state or federal law may make a student ineligible for federal financial aid (loans, grants, work study). For more information, see https://studentaid.ed.gov/eligibility/criminal-convictions#drug-convictions (Fall 2014)
 
 

ATTACHMENT 5 

HEALTH RISKS ASSOCIATED WITH USE OF  CONTROLLED SUBSTANCES AND ABUSE OF ALCOHOL 

Substance abuse and drug dependency are problems of staggering proportions in our society today. They are the leading causes of preventable illness, disability, and death in the U.S. and afflict millions of Americans. This number increases dramatically when one considers the harm done to the families of substance abusers as well as to those injured or killed by intoxicated drivers or in drug-related work accidents. Alcoholism can develop in anyone. It tends to appear first between the ages of 20 and 40 and also to be more prevalent in persons with a family history of alcoholism.
 

ALCOHOL
Alcoholism is a disorder that has profound psychological, biological, and societal effects. Directly, it affects over 18 million people; indirectly, it affects another 56 million. It is usually characterized by one of three different patterns:

1.    Regular daily intoxication;
2.    Drinking large amounts of alcohol at specific times; or
3.    Periods of sobriety interspersed with periods of heavy daily drinking.
 
Alcoholism is usually progressive, and physical dependence can develop; if this happens, serious, sometimes life-threatening symptoms can develop when alcohol is withdrawn. Short term effects of alcohol use can include depression, gastritis, liver disease, automobile accidents, and domestic violence. Chronic alcohol abuse can produce irreversible health changes, including dementia, sexual impotence, cirrhosis of the liver, and heart disease. Death can occur either as a complication of one of these chronic problems, or acutely, secondary to alcohol intoxication by poisoning or to aspiration of vomitus, or as the result of any automobile accident while driving intoxicated.
 
MARIJUANA (CANNABIS)
Though physiological consequences do depend on frequency, duration, and quantity of use, marijuana use has been linked to impairment of short term memory, concentration, judgment, perception, and fine motor skills. Therefore, the use of this drug increases the risk of machinery or motor vehicle accident and injury for four to six hours after ingestion. Impairment of memory may last for three to six months, even if use of the drug is discontinued completely. The active chemical in marijuana (THC) remains stored in body fat cells long after ingestion. Marijuana use is associated with chronic anxiety, depression, and paranoid feelings.  It can exacerbate or increase significantly underlying emotional problems. Frequent and/or ongoing use by children and adolescents may have long term developmental consequences resulting in lack of motivation, apathy, and difficulty managing current stresses and responsibilities, as well as making appropriate plans for the future. Pregnant women who use marijuana may be at a higher risk for giving birth to children with developmental or birth defects.
 
HALLUCINOGENS
This category includes drugs such as lysergic acid diethylamino (LSD, also known as "acid"), mescaline, psilocybin (also known as mushrooms) and peyote. These drugs cause delusions, hallucinations, and impaired perception of time and space. Phencyclidine (PCP, or "angel dust") and amphetamine variants known as "ecstasy" are included in this category, though they rarely cause hallucinations in the true sense. They are, however, potent drugs that have mind-altering effects and impair perception and cognition. Hallucinogens can produce a "bad trip" with anxiety, agitation, hallucinations, and paranoia leading to impulsive behavior. After a "bad trip" the person can be subject to "flashbacks," which are recurrences of the experiences of the "bad trip" without taking any more of the drug. Psychosis and impaired thinking may result after long-term use.
 
COCAINE
The use of cocaine, an illegal stimulant drug, has risen dramatically in the United States. Other names for this drug are code, C., lady, and snow. Cocaine is a white powder that is snorted, injected into veins, or smoked freebase or as "crack." Crack is a crystalline form of cocaine that is also known as "rock", from its small, white rock-like appearance. "Speed balls" are cocaine mixed with heroin, which is a particularly dangerous combination. Crack produces the most intense cocaine high; addiction can occur after using it only once or twice. Cocaine highs are characterized by feelings of extreme happiness and a sense of limitless power and energy. However, the physical effects include high blood pressure and heart palpitations. A cocaine "crash" follows the high and includes symptoms of depression, dullness, great irritability, and paranoia. Serious medical complications occur with cocaine use, such as heart attacks (even in young people), seizures, and strokes due to high blood pressure. The psychological effects of cocaine use include violence, paranoia, and personality changes as well as symptoms such as depression, anxiety, and confusion. Pregnant women using cocaine have increased risk of miscarriages and still-births. Newborns addicted to cocaine are irritable, unresponsive, they are prone to have malformed kidneys and genitals, and to have heart attacks and strokes. Addiction to cocaine controls aspects of the user's life, impinges on the lives of those closest to the user, and occurs in people of all ages, classes, and educational levels.
 
AMPHETAMINES, METHAMPHETAMINE AND OTHER STIMULANTS
In addition to cocaine, a number of other drugs stimulate the nervous system and are very addictive. Most of them belong to the amphetamine family of drugs. Dexedrine (present in "diet" pills) may at times be prescribed by a physician, but its use as a legitimate medication is now infrequent. Street drugs of the amphetamine group include "ecstasy" and "ice." Ice is a smokable amphetamine compound that is very potent, and the effects are long-lasting and devastating. The health risks of these and other stimulants are similar to those of cocaine use.
 
NARCOTICS, INCLUDING HEROIN
Various medications are taken to relieve pain. Most non-prescription pain relievers (such as aspirin, Tylenol, Motrin, and Nuprin) are not considered addictive. However, there is a class of stronger pain relievers, available by prescription only, which are referred to as narcotics and most of which are opiates. Examples of these drugs include morphine, codeine, Tylenol No. 3, Darvon, Darvocet, Percocet, Percodan, Demerol, and certain prescription cough medicines. These drugs differ from non-prescription pain relievers in their potential for abuse and dependence. With close medical supervision, these drugs may be safely used in specific medical circumstances for a limited time. However, addiction may occur and the person may not want to stop the drug even when the pain has stopped. Tolerance to the drug is shown by an increase in the amount of drug necessary to relieve pain. This becomes progressive and leads to the craving or need for larger and larger doses, without which the person becomes extremely uncomfortable and physically ill. The time may come when the person "needs" such a large dose of the drug that it is poisonous or lethal. Under these circumstances, coma, suffocation, and death may ensue. The malignant course of this problem is similar to that of addiction to heroin. Although heroin is not available by prescription, it is a narcotic which belongs to the same chemical family as the above drugs. The use of heroin is mainly by injection into a vein, which carries the additional medical dangers of contracting AIDS and hepatitis from unclean needles and syringes.
 
SEDATIVES AND TRANQUILIZERS
Barbiturates and benzodiazepines are two of the most commonly used classes of sedatives. Barbiturates (such Phenobarbital, Seconal, and Amytal) are highly addictive and can be fatal if taken in excess. Although they still have medical uses, they have largely been replaced by benzodiazepines, used for relief of anxiety and to promote sleep. Benzodiazepines include such drugs as Valium, Librium, Ativan, Xanax, Dalmane, Halcion, and Restoril. While safe and effective at moderate doses for short periods of time (weeks), all benzodiazepines have a potential for physical and psychological dependence if used at higher doses for longer periods of time. Frequently, benzodiazepines are abused by adults who become dependent on them because of their anti-anxiety effects. Other tranquilizers which may be abused include methaqualone (Quaaludes), Doriden, and Equanil. Intoxication may result from benzodiazepine use and resembles alcoholic drunkenness. Drowsiness, slurred speech, unsteady gait, and lack of coordination are common signs. The effects of benzodiazepines (barbiturates and other sedatives) add to those of alcohol; taken together, they can lead to coma and even death. Withdrawal from benzodiazepines resembles alcohol withdrawal and is most apparent if the drugs are stopped abruptly. Withdrawal takes place within hours to days of stopping the drug. Once a person is addicted to benzodiazepines, a physician should supervise the plan for gradually stopping them, to minimize serious effects of withdrawal.
 
IMPACT OF SUBSTANCE ABUSE ON FAMILIES
Families are often gravely affected by a substance-abusing member. This can occur on many levels. As a very direct, physiological consequence, the infants of alcohol and cocaine-abusing mothers often have low birth weight and may suffer from malformations and a variety of developmental problems. In addition, abusers often affect the economic well-being of their families as their inability to hold down a job or, in some instances, their stealing from relatives, reduces the family's financial means and stability. In many cases substance abuse leads to violence at home. Substance abuse takes an emotional toll on the functioning of individual members and the family as a whole. Family members may actively deny the problem, may become symptomatic in an effort to deflect attention from the substance-abusing member, or may assume the abuser's responsibilities at home and even at work. On the other hand, very often the family's intervention with the user is an essential step in getting the abusing member to seek treatment. Support groups or family members, such as Al-Anon, Nar-Anon or COC-Anon, as well as family therapy can provide needed assistance to families as they confront the destructive effects of the user's addiction.
 
RECOGNIZING SIGNS AND SYMPTOMS OF ALCOHOL AND SUBSTANCE ABUSE
Everyone occasionally has days when they exhibit behavior not normally associated with an educational or work environment nor characteristic of himself or herself. Unusual behavior during times of stress can be understood and accepted. However, when unusual behavior is displayed on a gradually increasing scale accompanied by general decline in work habits over a period of time, it indicates that an individual needs professional help. Below are some of the more common signs or symptoms of unusual behavior.
 
ABSENTEEISM AND TARDINESS
     Arriving late and leaving early
     Absences before and after payday or holidays
     Sporadic but significant use of sick time
     Taking frequent breaks
     Unexplained absences
     Friday and Monday absences
     Absences due to accidents both on and off the work site
 
IMPAIRED JOB PERFORMANCE
     Increasing operating errors
     Lost time on the job
     "Putting things off"
     Irresponsibility in completing tasks
     Faulty decision making
     Increased accident rates
     Wasted materials or damaged equipment
     High performance that slowly declines over time
     Job performance that becomes focused on a specialized, repetitious activity (rather than the entire array of job duties)
     Irregular or non-existent office hours
     Sudden, extreme gaps in performance (missing a grant deadline, unexpected missing of final exams)
 
UNUSUAL INTERPERSONAL INTERACTIONS
     Sudden emotional outburst including anger, tears, laughter
     Mood swings, especially early or late in the work day
     Overreactions to criticism
     Blaming others for poor performance
     Making inappropriate statements
     Rambling or incoherent speech
     Isolation from co-workers or increasing social withdrawal
     Disinterest in teamwork
 
DECLINING PHYSICAL APPEARANCE (SUDDEN OR GRADUAL)
     Poor personal hygiene (e.g. body odor or dirty hair, nails, and skin)
     Less interest in dress and appearance (or a noticeable decline from previous meticulousness)
     Glazed or red eyes
     Slurred speech
     Poor coordination, staggering
     Tremors, poor eye-hand coordination
     Frequent gastrointestinal distress
     Deterioration of oral hygiene
 
OTHER SIGNS
     Legal problems, such as arrest for driving under the influence (DUI)
     Domestic situation, including children's drug use (children of alcoholics sometimes have drug abuse problems)
     Financial concerns, such as high debt load, bad loans, wages garnished, unusual spending patterns