Drug and Alcohol Abuse Prevention Program - Sanctions Related to Drugs and Alcohol
Sanctions Related to Drugs and Alcohol
- Violations of this policy and administrative procedure may result in disciplinary action and/or a $25.00 citation.
- All fines are payable to Umpqua Community College. Fines can be paid by mail or in person at the Cashier’s Office. Fines that are mailed must be received within fifteen (15) calendar days of violation.
- Unpaid fines may result in:
- The violator’s transcripts being held until all fines have been paid.
- Registration for the following quarter may be delayed.
- College Employees who become delinquent may have fines deducted from paycheck.
- Violation of the Code of Student Conduct, AP 5502 Section III, and/or other applicable code violations and may be forwarded on to the Dean of Student Services for disciplinary action.
- Outstanding fines may be referred to a collection agency.
Oregon State Regulations (ORS)
Minor in Possession (MIP) of Alcohol - ORS 471.430 (1) (2)
- (1) A person under 21 years of age may not attempt to purchase, purchase or acquire alcoholic beverages. Except when such minor is in a private residence accompanied by the parent or guardian of the minor and with such parent's or guardian's consent, a person under 21 years of age may not have personal possession of alcoholic beverages.
- (2) For the purposes of this section, personal possession of alcoholic beverages includes the acceptance or consumption of a bottle of such beverages, or any portion thereof or a drink of such beverages. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service.
- Fine: up to $265
Controlling an Area Where Minors are Permitted to Consume Alcohol - ORS 471.410 (3a)
- A person who exercises control over private real property may not knowingly allow any other person under the age of 21 years who is not a child or minor ward of the person to consume alcoholic liquor on the property, or allow any other person under the age of 21 years who is not a child or minor ward of the person to remain on the property if the person under the age of 21 years consumes alcoholic liquor on the property.
- 1st offense—fine up to $350
- 2nd offense—fine up to $1,000
- 3rd or subsequent offenses—fine up to $1,000 and no less than 30 days of imprisonment.
Furnishing Alcohol to a Minor - ORS 471.410 (2)
- No one other than the person’s parent or guardian may sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years. A parent or guardian may give or otherwise make alcoholic liquor available to a person under the age of 21 years only if the person is in a private residence and is accompanied by the parent or guardian. A person violates this subsection who sells, gives or otherwise makes available alcoholic liquor to a person with the knowledge that the person to whom the liquor is made available will violate this subsection.
- Class A misdemeanor
- 1st conviction - fine up to $500
- 2nd conviction - fine of at least $1,000
- 3rd or subsequent conviction - fine of at least $1,500 and not less than 30 days of imprisonment
Driving Under the Influence
- A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while they have a blood alcohol content of 0.08 or more and/or are under the influence of controlled substance.
- For the purposes of the state of Oregon DUII statutes, for a person under 21 years of age, any amount of alcohol in the blood constitutes being under the influence of intoxicating liquor.
- 1st offense: minimum fine of $1,000
- 2nd offense: $1,500
- 3rd or subsequent offenses: $2,000 additional penalties may include: fee to be paid on conviction, suspension of license, mandatory alcohol education, screening and treatment, mandatory imprisonment or community service, attendance at a victim impact treatment session and session fee, and ignition interlock device installed on your vehicle
Misrepresentation of Age by a Minor
- When minors misrepresent their age, purposely are not truthful about their age to purchase alcohol, or evade detection by law enforcement, the minor may be fined. If DMV identification is used in misrepresentation, the minor’s driving privileges may be suspended for up to one year and/or the minor will have to wait for up to one year to apply for a driver’s license.
- Fine: up to $1,250 and 30 days
- Class C misdemeanor – ORS 165.805
- Drinking alcohol or having an open bottle in a vehicle is prohibited. You must store any open containers of alcohol in the trunk or some other area not normally occupied by the driver or passengers.
- Fine: up to $250
- Falsifying information knowing that what you say is untrue. Anyone purchasing a keg using a false name or any other deceitful information shall be subject to this definition.
- Class A misdemeanor—ORS 162.075 (1)
Entry of Licensed Premises by Persons Under 21
- No one under 21 years of age shall enter or attempt to enter any area of a licensed premise that is posted or otherwise identified as prohibited to minors.
- Class B violation—ORS 471.430 (3 and 4)
Selling Alcohol without a Liquor License
- No person who owns, operates, or conducts a private or public club and who is not in possession of a license issued by the commission permitting the mixing, storing, and serving of alcohol at said premises shall serve alcohol. Additionally, no agent, servant, or employee of such person, for a financial consideration by way of a charge for service, membership fee, admission fee, initiation fee, club dues, contributions or other fee or charge, shall serve or permit to be serve.
- Fine: up to $360
- Class A misdemeanor—ORS 471.475
Licensee, permittee, and social host liability
- As a licensee, permittee, or social host, if you serve visibly intoxicated persons or guests, you may be held liable for damages caused by the persons or guests away from your home or licensed premises.
- Fine: $500
- Class A misdemeanor—ORS 471.565
Marijuana and Smoking
- Under Oregon's Indoor Clean Air Act, smoking is prohibited in public places and workplaces. Public places means any enclosed area open to the public. Place of employment means an enclosed area that is under the control of a public or private employer and that employees frequent during the course of employment.
- Smoking is not allowed within 10 feet of building entrances, exits, windows, and air intake vents.
- As of January 1, 2016, Oregonians may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurant bars, and other indoor public places.
- Employees and the public may report violations of the law by completing an online complaint form or, if unable to access the online form, by calling 1-866-621-6107.
- Penalty: fine of $500 per day for each violation—ORS 433.835-87
- Unlawful manufacture of marijuana
- > 12 plants: Class C felony
- > 8 plants: Class A misdemeanor
- > 4 plants: Class B misdemeanor
- Any plants grown by persons under age 21: class C felony
- Unlawful Delivery of Marijuana
- > 1 oz: class A misdemeanor
- < 1 oz: class A violation
- delivery within 1000 feet of a school: class A felony
- delivery of any amount to a person under 18 by a person at least 21: class C felony
In Oregon, penalties for possession and distribution are determined by the Controlled Substance Schedule upon which the drug appears (ORS 475.035).
It is a class A felony for a person to manufacture or deliver a schedule I, II, or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school attended by minors. In addition, the court may order the defendant to pay the cost of prosecution, and the defendant's vehicle used in the crime may be forfeited to the state. Finally, the defendant may forfeit any property used in the crime to the county in which the crime occurred.
Examples from the drug schedules appear below. Most drugs appear on the same federal and state schedule
Controlled Substance Schedule I-V Drugs
Schedule I Drugs: Heroin, LSD, Ecstasy, Peyote, Mescaline, Psilocybin
Manufacture or distribution—class B felony
Unlawful possession—class B felony
Schedule II Drugs: Opium, Cocaine, Methamphetamine, Amphetamine, Methadone, Morphine, Oxycodone, PCP, Marijuana
Manufacture or distribution—class B felony
Unlawful possession—class C felony
Schedule III Drugs: Depressants, Vicodin, Anabolic Steroids, Codeine, Testosterone
Manufacture or distribution—class C felony
Unlawful possession—class A misdemeanor
Schedule IV Drugs: Valium, Xanax, Phenobarbital
Manufacture or distribution—class B misdemeanor
Unlawful possession—class C misdemeanor
Schedule V Drugs: Other less dangerous prescription drugs and small amounts of certain drugs (Robitussin A-C, Cophene-S, Parepectolin, Phenergan with Codeine)
Manufacture or distribution—class C misdemeanor
Unlawful possession—violation with a $250 fine, or twice the value of any resulting gain of property or money
The federal system establishes sanctions for possession and distribution of controlled substances, based on the schedule of the drug and the amount involved. In addition, the statutory sanctions for possession and distribution are subject to the "Sentencing Guidelines for U.S. Courts." Imposition of the guidelines may lead to higher offense levels and stricter penalties than otherwise indicated. Courts must make adjustments in the offense level for victim-related considerations, defendant's role in the offense, multiple counts, obstruction, and acceptance of responsibility. Finally, the guidelines establish sentences for each offense based on the defendant's criminal history. Federal penal sanctions range from: manufacture, distribution or trafficking of large amounts of heroin, cocaine, PCP, methamphetamine, schedule I and II hallucinogens, marijuana, hashish, or any of their derivatives (30 years to life, regardless of the defendant's criminal history) to possession of any schedule III-V drug if defendant has the lowest level or criminal history (0-4 months).
Further, if serious injury or death results from the crime, minimums of up to 10 years (serious injury) and 20 years (death), plus fines of up to $4,000,000 may be added. These penalties may be doubled for defendants with past felony drug convictions. Finally, penal sanctions in the federal system are "real time," with reductions in sentences only for good behavior.
Besides the criminal sanctions, the consequences of unlawful or irresponsible alcohol or drug use include, but are not limited to:
- Restrictions on future employment opportunities.
- The loss of federal financial aid (mandatory for drug offenses)
- Potential risks for injury, including permanent disability
- The risk of being a victim of a crime and/or committing additional crime(s)
- The loss of driving privileges
- Additional sanctions on your educational record and future educational opportunities
The following are federal penalties and sanctions for Illegal Possession of a Controlled Substance. Additional penalties are imposed for trafficking.
- 21 U.S.C. 844—First conviction: up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.
- After first prior drug convictions: at least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000 or both. After two or more prior drug convictions: at least 90 days in prison, not to exceed three 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 five years in prison, not to exceed 20 years and fined up to $250,000, or both if: (a) first conviction and the amount of crack possessed exceeds 5 grams, (b) second crack conviction and the amount of crack possessed exceeds 3 grams, third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram. 21 U.S.C. 953(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 one 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. 844(a)—Civil fine of up to $10,000.
- 21 U.S.C. 853(a)—Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second or subsequent offenses.
- 19 U.S.C. 922(g)—Ineligible to receive or purchase a firearm.
- Misc.—Revocation of certain federal licenses and benefits (e.g., pilot license, public housing, etc.) is vested within the authorities of individual federal agencies.