Safe and Drug Free Schools Act Compliance

Safe and Drug Free Schools Act Compliance

INFORMATION YOU NEED TO KNOW AS STUDENTS AND EMPLOYEES OF… SOUTHWEST MINNESOTA STATE UNIVERSITY

As part of the Drug-Free Schools and Communities Act Amendments of 1989, SMSU is required by law to provide to every employee and each student who is enrolled in one or more classes, written materials that adequately describe and contain the following:

Standards of conduct that prohibit unlawful possession, use, or distribution of drugs and alcohol.

Description of health risks associated with the use and abuse of drugs and alcohol.

Description of counseling, treatment or rehabilitation programs offered.

A clear statement of the disciplinary sanctions the institution will impose on students and employees.

Description of possible legal sanctions under local, state or federal law.

Updated, August 2007

Purpose

The abuse of alcohol and the use of illegal drugs by members of the Southwest Minnesota State University community are incompatible with the goals and mission of the institution. In order to further the University's commitment to provide a healthy and productive educational environment, and in compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 1-226, Section 22, subpart B), the University has established the following policy on alcohol and other drugs. The entire campus community is under this mandated compliance.

Criminal Sanctions

Minnesota Alcohol Violations

Driving Under the Influence:

It is illegal to drive, operate or be in physical control of motor vehicle while under the influence of alcohol and/or a controlled or hazardous substance or with a blood-alcohol concentration of 0.08 or more. “Operate” or “in physical control” includes starting the motor, steering or being in position to control a vehicle, including simply sitting or sleeping in a parked vehicle.

PENALTY: First offense (including juvenile convictions): - fine up to $700, jail up to 90 days, driver’s license revocation of at least 30 days Second offense within 5 years or 2 or more convictions within 10 years: gross misdemeanor – fine up to $3,000, jail up to one year, driver’s license revocation of at least 30-90 days and possible chemical dependency treatment.

Three or more offenses: longer period of revocation.

Minors in Possession/Consumption:

Persons under 21 years of age consuming or possessing alcoholic beverages with intent to consume, unless the person is in a parent or guardian’s home and drinks with their permission. Possession anywhere other than a parent or guardian’s home is prima facie evidence of intent to consume.

PENALTY: Misdemeanor

Selling or Purchasing for a Minor:

Selling, bartering, furnishing or giving alcoholic beverages to a person under 21 years old (except parents in their home).

PENALTY: Gross misdemeanor.

Civil Liability:

Possible civil liability for damages caused by the person under 21 while under the influence.

Anyone under 21 years of age who purchases or attempts to purchase an alcoholic beverage or claiming to be 21 or older for the purpose of purchasing alcoholic beverages.

PENALTY: Misdemeanor.

Driver's license suspension of 90 days if a driver’s license, permit or Minnesota identification is used in making or attempting the purchase. This includes a person under 21 years of age purchasing or procuring alcoholic beverages or lending to or permitting use of identification by a person under the age of 21 for the purpose of purchasing or attempting to purchase alcoholic beverages.

PENALTY: Gross misdemeanor. Driver’s license suspension of 90 days.

NOTE: Penalties can change with each legislative session. Municipalities and counties may also have ordinances that regulate gatherings and have specific penalties for violation.

Minnesota Adult Use Cannabis Violation Penalties

Possession: Minnesota State Statute 342.09 reads

Subdivision 1. Personal adult use, possession, and transportation of cannabis flower and cannabinoid products.

(b) Except as provided in paragraph (c), an individual may not:

(1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products if the individual is under 21 years of age;

NOTE: Chapter 342 does not specify a penalty for that violation, if its legal for a person 21 or older, it’s a petty misdemeanor for a person under 21 (after Aug. 1, 2023), by operation of Minn. Stat. §645.241

Minnesota Drug Laws

Schedule Drugs (I-V)

I. Heroin, LSD, mescaline and peyote, amphetamine variants, marijuana, other hallucinogens.

II. Opium, morphine, codeine, methadone, cocaine, barbiturates.

III. Anabolic steroids, opium, methadone, cocaine, barbiturates.

IV. Barbiturates, benzodiazepines, choral hydrate, other narcotics, stimulants and depressants.

V. Opium, codeine, other narcotics and depressants.

First Degree

Sale: 10+ grams of cocaine, 50+ grams of other narcotic drug, 200+ doses hallucinogen, 50 kilos marijuana or 25+ kilos marijuana in a school zone, park zone or public housing zone.

Possession: 25+ grams of cocaine, 500+ grams of other narcotic drug, 500+ doses hallucinogen, 100+ kilos marijuana.

PENALTY: 0-40 years, 4-year mandatory minimum if prior drug felony; up to $1 million fine, 0 to 40 years, 2nd offense.

Second Degree

Sale: 3+ grams of cocaine, 10+ grams of other narcotic drug, 50+ doses hallucinogen, 25 kilos marijuana or sale of a Schedule I or II narcotic drug of 5+ doses hallucinogen or methamphetamine either to a person under 18 or in a school zone, park zone or public housing zone.

Possession: 6+ grams of cocaine, 50+ grams of other narcotic drug, 100+ doses hallucinogen, 50+ kilos marijuana

PENALTY: 0 to 40 years, 3 years mandatory minimum if prior drug felony; up to $500,000 fine.

Third Degree

Sale: Narcotic drug: 10+ doses hallucinogen, 5+ kilos marijuana or sale of a Schedule I, II or III (except a Schedule I or II narcotic drug or marijuana) to a person under 18 or employment of person under 18 to sell the same.

Possession: 3+ grams cocaine, 10+ grams of other narcotic drug, 10+ kilos marijuana, and any amount of Schedule I or II narcotic drug or LSD or methamphetamine or 5+ kilos in a school zone, park zone or public housing zone.

PENALTY: 0 to 30 years, 2-year mandatory minimum if prior drug felony; up to $250,000 fine. 0 to 30 years, 2nd or subsequent offense.

Fourth Degree

Sale: Any Schedule I, II or III drug (except marijuana) or sale of marijuana in a school zone, park zone or public housing zone or any Schedule IV or V drug to a person under 18 or conspiracy for the same.

Possession: 10 doses hallucinogen, any amount of Schedule I, II or III drug (except marijuana) with intent to sell it. PENALY: 0 to 30 years, 1 year mandatory minimum if prior drug felony; up to $100,000 fine.

Fifth Degree

Sale: Marijuana or a Schedule IV drug.

Possession: All Schedule I, II, III or IV drugs except 42.5 grams or less of marijuana. Any prescription drugs obtained through false pretenses or forgery.

PENALTY: 0 to 5 years, 6 months mandatory minimum if prior drug felony; up to $10,000 fine.

Federal Controlled Substance Law

Schedule I Drugs (Penalty for possession):

First Offense: 0 years to life, 10 year mandatory minimum; if death or serious injury, 20 year minimum; up to $4 million fine individual, $10 million other than individual

Second Offense: 0 years to life, 20 years mandatory minimum; if death or serious injury, not less than life; up to $8 million fine individual, $20 million other than individual.

Schedule II Drugs (Penalty for possession):

First Offense: 5 years to 40 years, 5 year mandatory minimum; if death or serious injury, 20 years minimum; up to $2 million fine individual, $10 million other than individual.

Second Offense: 0 years to life, 10 years mandatory minimum; if death or serious injury, not less than life; up to $4 million fine individual, $10 million other than individual.

Schedule III Drugs (Penalty for possession):

First Offense: 0 to 5 years, up to $250,000 fine individual, $1 million other than individual.

Second Offense: 0 to 10 years; up to $500,000 fine individual, $2 million other than individual.

Schedule IV Drugs (Penalty for possession):

First Offense: 0 to 3 years, up to $250,000 fine individual, $1 million other than individual.

Second Offense: 0 to 6 years; up to $500,00 fine individual, $2 million other than individual.

Schedule V drugs (Penalty for possession):

First Offense: 0 to 1 year; up to $100,000 fine individual, $250,000 other than individual

Second Offense: 0 to 2 years; up to $200,000 fine individual, $500,000 other than individual.