January 26, 2017
University Students, Faculty, and Staff:
In continuing efforts to maintain a safe and healthy environment for its students, employees, and visitors, Auburn University has adopted and implemented policies and programs that address the illegal and improper use of alcohol and other drugs by members of the university community. The Board of Trustees has adopted a drug-free campus and workplace policy, and the administration has implemented a smoking policy.
The following online information is provided annually to all students and employees of Auburn University in compliance with our policies and the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. More information can be found at the following websites:
I urge you to read this information carefully and assist the university in achieving a drug-free campus and environment.
Sincerely,
Jay Gogue
President
Any employee receiving a criminal drug statute conviction for a violation occurring in the workplace shall notify the provost, or the chief Student Affairs officer of such conviction no later than (5) days after such conviction, and such offices will immediately report this information to the Vice President for Research. If the employee reporting such a conviction is employed under a contract or grant, Auburn University, through the Office of the Vice President for Research, will notify the appropriate granting or contracting agencies within ten (10) days after receiving such notice of a criminal drug statute conviction. The same procedure will be followed at Auburn Montgomery, with reporting to counterpart offices on the Montgomery campus.
The president has appointed an advisory committee for a drug-free campus and workplace to:
Inquiries concerning matters described in this brochure should be directed to: Eric Smith, Director Health Promotion and Wellness Services, Division of Student Affairs, Auburn University ecs0012@auburn.edu • 334-844-1528 • Follow us @auburnhealth
The unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs or alcohol by students or employees of Auburn University is prohibited at any time on any university property or at any university activity. Any employee who is impaired by an illegal drug or by alcohol will be refused access to the workplace and will not be allowed to perform any duties or represent the university in any capacity. Any student who is impaired by illegal drugs or alcohol will not be allowed to attend any classes or university activities.
The university will impose sanctions (consistent with local, state, and federal law) upon all employees and students who violate these standards of conduct. Such sanctions may include, but are not limited to:
Tabacco use in the form of cigarette smoking is linked to emphysema, lung cancer, heart disease, and other illnesses. Physical and psychological dependence may develop. Smokeless tobacco use leads to cancer of the head and neck areas. Passive smoking may increase upper respiratory illnesses.
Auburn University is a smoke-free campus. This will provide a healthier and cleaner community. Members of the Auburn Family interested in quitting can contact the Auburn University Harrison School of Pharmacy, the Auburn Medical Clinic, or the Office of Health Promotion and Wellness Services for more information about cessation programs and services.
Anabolic Steroids may produce behavioral effects including aggressiveness, irritability, impaired judgment, impulsiveness, mania, and paranoid delusions. Sexual functioning is frequently impaired. Serious health problems include cancer and liver and heart disease.
Substance/Quantity | Schedule | Penalty |
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Cocaine 500-4999 grams mixture |
II | First Offense: Not less that 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less that 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 that 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine if not more than $8 million if an individual, $50 million if not an individual. |
Cocaine Base 28 - 279 grams mixture |
II | |
Fentanyl 40 - 399 grams mixture |
IV | |
Fentanyl Analogue 10 - 99 grams mixture |
I | |
Heroin 100 - 999 grams mixture |
I | |
LSD 1 - 9 grams mixture |
I | |
Methamphetamine 5 - 49 grams pure or 50 - 499 grams mixture |
II | |
PCP 10 - 99 grams pure or 100 - 9999 grams mixture |
II |
Substance/Quantity | Schedule | Penalty |
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Cocaine 5 kilograms or more mixture |
II | First Offense: Not less that 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 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. |
Cocaine Base 280 grams or more mixture |
II | |
Fentanyl 400 grams or more mixture |
IV | |
Fentanyl Analogue 100 grams or more mixture |
I | |
Heroin 1 kilogram or more mixture |
I | |
LSD 10 grams or more mixture |
I | |
Methamphetamine 50 grams or more pure or 500 grams or more mixture |
II | |
PCP 100 grams or more pure or 1 kilogram or more mixture |
II |
Substance/Quantity | Penalty |
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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 in and individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious injury, not more than 15 yrs. Fine not more than $500,000 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 Substances |
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 $1million if an individual, $10 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 Other 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 not an individual, $500,000 if not an individual. |
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 of other than an individual. |
Marijuana 100 - 999 kilograms marijuana mixture or 100 - 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 the 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, $50 million if other than an individual. |
Marijuana 50 - 99 kilograms marijuana mixture, 50 - 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 |
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Hashish Oil More than 1 kilogram |
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Marijuana Less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) 1 - 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 |
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Hashish Oil 1 kilogram or less |
Violation | Penalties | AL Code § |
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Trafficking: Knowingly sells, manufactures, delivers or brings into state cannabis (in any of its forms), cocaine, heroin, morphine, opium, methaqualone, hydromorphine, methylenedioxy amphetamine, phencylidine, lysergic acid diethylamide, methamphetamine, or LSD | Class A Felony Imprisonment & fines depending 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 of 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 5 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 Not eligible for suspended sentence or probation Prison: 10 - 99 years of life Fine: Not more than $60,000 |
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 B Felony Prison: 2 - 20 years Fine: Not more than $30,000 |
13A-12-218 |
Manufacture of a controlled substance | Class B Felony Prison: 2 - 20 years Fine: Not more than $60,000 |
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) |
Violation | Penalties | AL Code § |
---|---|---|
Possession of marijuana in first degree (other than personal use of 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 C 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 Jail: Not more than 3 months Fine: Not more than $500 |
13A-12-260 |
Violation | Penalties | Code Section |
---|---|---|
Minor in Possession/Purchasing: State: Unlawful for person under 21 year of age to purchase, consume, process, or transport alcohol, liquor or malt or brewed beverages in the State. City: Unlawful for person under 21 to be in possession or under influence of alcohol. |
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Contributing to Delinquency of Minor: State: It it unlawful for any parent, legal guardian, legal custodian, or other person to willfully aid, encourage, or cause any child (under age 19) to become or remain delinquent, which includes furnishing alcoholic beverages or controlled substances to the child. |
Class A Misdemeanor. Not more than 30 days
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AL Code § 12-15-111 |
Aiding Minor in Obtaining Alcohol: City: It is unlawful for a person, directly or indirectly, to falsely represent that a minor is not a minor or is not of minority age under the state alcoholic beverage licensing code, and, by means of such false representation, to aid or abet, or attempt to aid or abet, such minor person to buy, receive, or otherwise obtain or aid and abet such minor person to attempt to buy, receive, or otherwise obtain, from any license or any other person, any alcohol. |
City
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City Code § 3-17, 1-8 |
Public Intoxication: State: Unlawful to appear in a public place under the influence of alcohol, narcotics, or other drugs to the degree that they endanger themselves, or another person or property. City: It is unlawful to be or remain in any area of a public park while under the influence of alcohol. |
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Open Container: State: Unlawful for person to have in his/her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of public highway. City: Unlawful to drink or have an open or unconcealed possession in custody for drinking any alcoholic beverage at or in any public place (motor vehicle while on public streets) other than a place licensed to sell alcoholic beverages for consumption on the premises. Also unlawful to possess alcohol for consumption in city park without permission. |
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False Driver’s License/ID: State: Person under age of 21 may not knowingly use or attempt to use a false, forged, deceptive, or otherwise nongenuine driver’s license to obtain or attempt to obtain alcoholic beverages within this state. City: It is unlawful for any person under 21 to knowingly present or possess a false instrument of identification which misrepresents the age of that person. |
Mandatory suspension of driver’s license for 90 days to 6 months. |
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Failure to Leave Licensed Premise on Request: City: If owner of license premise (or employee or agent) asks any person to leave, failure or refusal to immediately do so is a misdemeanor. |
City
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City Code § 3-20; § 1-8 |
Underage Presence in Licensed Premises: City: It is unlawful for any person to be in, on, upon the licensed premises of any establishment licensed by the ABC board as a lounge retail liquor licensee, in violation of any state law regulating the age of persons allowed on such premises. |
City
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City Code § 3-41; § 1-8 |
Open House Party: State:No adult having control of any residence, who has authorized an open house party at the residence and is in attendance at the party, shall allow the party to continue if alcoholic beverages or controlled substances are illegally possessed or consumed at the residence by a person under the age of 21 and the adult knows this and fails to take reasonable action to prevent it. |
Class B Misdemeanor
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AL Code § 13A-11-10.1 |
Driving Under the Influence (DUI): State:A person shall not drive or be in actual physical control of any vehicle (or boat) while: there is 0.08 percent or more by weight of alcohol is in his/her blood (unless under the age of 21, in which the amount is 0.02 percent), or under the influence of alcohol, or under the influence of any controlled or other substance which impairs his/her ability to drive safely, or under the combined influence of alcohol and a controlled substance to a degree which renders him/her incapable of safely driving, or under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him/her incapable of safely driving. |
1st DUI
Mandatory suspension of license for 90 days.
Mandatory suspension of license for 1 yr.
Mandatory suspension of driver’s license for 3 yrs.
Mandatory revocation of driver’s license for 5 yrs. |
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State Offenses Any individual committing an offense (misdemeanor, felony or violation) against the state automatically commits an offense against the city. |
Unless otherwise provided: City:
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City Code § 17-1, § 1-8 |
Violation | Penalties | Code Section |
---|---|---|
Alabama Civil Damages Act. Any person may be liable for damages to a parent or guardian of a minor if that person unlawfully sells or furnishes alcohol to the parent/guardian’s minor child and if the person furnishing the alcohol had knowledge of or was chargeable with notice of the fact that the child was under 21. |
Civil cause of action - compensatory and punitive monetary damages determined by a jury | AL Code § 6-5-70 |
Alabama Dram Shop Act. Wives, children, parents and others who are injured by a person who received alcohol or controlled substances contrary to Alabama law (underage minor, providing unlawful controlled substance, serving alcohol to visibly intoxicated person, etc.) may be liable for damages against the person who provided the alcohol or controlled substances to the underage minor or caused the individual to become intoxicated or furnished a controlled substance to that person. | Civil cause of action - compensatory and punitive monetary damages determined by a jury | AL Code § 6-5-71 & 6-5-72 |
Employees: Employees who violate this policy will be held accountable for their behavior and will be subject to appropriate disciplinary action, consistent with the Faculty Handbook Mediation and Grievance System (to the extent applicable), other applicable University policy and with local, state and federal law. Such action may include mandatory counseling, mandatory participation in an appropriate rehabilitation program, a warning, a reprimand, strict probation, unpaid suspension from employment, termination or employment, and/or referral to the proper law enforcement authorities for prosecution.
The University, 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:
Last Updated: February 09, 2017