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Table of Contents


Drug Possession Penalites - State

Drug Possession Penalites - Federal

Controlled Substances - Uses and Effects

Alcohol- Effects of and Penalties for Abuse

  1. Policy Preamble
    2. Syracuse University adopts this policy with the support of its students, faculty, and staff to further our mission to become the nation's leading student-centered research university. This policy is an extension of our commitment to make every effort to provide a safe and healthy environment for all members of our community. This policy is intended to articulate, affirm, and maintain community-wide norms that support abstinence and encourage low-risk choices regarding alcohol and other drugs, choices that do not compromise positive living, learning, and working experiences for all members of our community.

    This policy provides an umbrella framework for the University's approach to prevention and intervention, and defines acceptable and unacceptable behaviors with regard to alcohol and other drugs. In addition, the policy complies with the Drug-Free Schools and Communities Act Amendments of 1989 that requires the University to adopt a program to prevent and prohibit unlawful possession, use, or distribution of illegal drugs and alcohol by students and employees; and, New York State Public Health Law, which requires the University, as an employer, to adopt and implement a written smoking policy applicable to all indoor areas open to the public.

    Abuse is a matter of concern for the entire community. Abusing alcohol and other drugs, regardless of the user's age, poses a threat to health and interferes with one's ability to fully participate in the academic community. Abusing alcohol and other drugs creates serious problems for members of the community who do not abuse. "Secondhand effects" of abuse include incidents of impaired sleep, study, and work time; injuries and other health complications; and criminal victimization, including sexual and physical assault, theft, and vandalism. Abusing alcohol and other drugs takes a costly toll on the University community in the form of vandalism/property damage, lost productivity, and use of health service resources.

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  2. Guiding Principle

    3. A. UNIVERSITY AS A COMMUNITY

    Syracuse University is an educational institution dedicated to pursuing excellence, promoting academic achievement, and advancing knowledge. The University takes a demonstrable interest in the intellectual, physical, and psychological well-being of its members. Likewise, as stated in the Syracuse University Compact, students, faculty, staff, and administrators are expected to maintain a safe and healthy environment for all members of our community. Ultimately, the University seeks a proper balance between individual freedom to learn from experience and the need to accept and live within the standards of conduct set by the community. The University requires all its members and guests to share in the responsibility of adhering to and aiding in the enforcement of this policy.

    B. PROACTIVE APPROACH

    Federal, state and local laws, and other mandates require the University to promulgate policies and procedures that stipulate sanctions for violating standards for misusing alcohol and other drugs. However, the University's efforts go beyond rules and sanctions. The University aims to institute policies and procedures that develop and sustain healthy community-wide norms which will facilitate the prevention of illegal or abusive behaviors while providing resources for intervention and assistance.

    C. PREVENTION, EDUCATION AND INTERVENTION

    Syracuse University seeks to promote an environment in which drug and alcohol abuse is not tolerated and does not interfere with the goals of the University as an educational institution and workplace. To promote an environment that does not tolerate the illegal and harmful use of alcohol, other drugs, and tobacco, and helps to prevent problems related to those substances, the University engages in proactive efforts that include the following:
    1. Educating members of the community about policies related to alcohol, other drugs, and tobacco, and sanctions used to enforce these policies;
    2. Intervening with, and providing assistance to, those with problems, while creating an atmosphere in which those with problems are encouraged to seek help;
    3. Offering low-risk social options that support institutional initiatives fostering health and wellness; and
    4. Upon students' request and to the extent reasonably practicable, making living options available where alcohol or smoking is not permitted and where roommates also elect this option.
    In cases of intoxication and/or alcohol poisoning, the primary concern is the health and safety of individuals involved. Individuals are strongly encouraged to seek medical assistance for themselves or for friends or acquaintances who are dangerously intoxicated. The counseling and medical resources identified in Appendix B are confidential.

    D. VALUES REGARDING SUBSTANCES AND EDUCATION

    Taking into account the public health and safety concerns expressed above, Syracuse University supports the following values with regard to substances and education:
       
    1. Illegal Drugs
    2. Other Drugs
    3. Alcohol
    4. Tobacco
    5. Education


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  3. Policy on Alcohol, Other Drugs, and Tobacco


    4. A. JURISDICTION

    The University Policy on Alcohol, Other Drugs, and Tobacco governs the activities of all Syracuse University students, recognized student organizations, staff, faculty, guests, and visitors as follows: this policy applies to all activities occurring on University owned, operated, or controlled property; to all University-sponsored events occurring at any location; to all individuals while officially representing the University at any location; and to all students and student organizations consistent with the Code of Student Conduct, the Standards for Student Organizations, and the Statement of Relationship Between Syracuse University and Greek-Letter Fraternities and Sororities.

    B. COMPREHENSIVENESS

    All departmental alcohol and other drug policies shall conform to this umbrella policy and all federal, state, and local laws.

    C. DEFINITIONS

    Definitions applicable to this policy are included in Appendix A.

    D. DRUGS

    1. The unlawful manufacture, distribution, sale, purchase, possession, or use any drugs or controlled substances is prohibited.
    2. Possession of drug paraphernalia is prohibited.

    E. ALCOHOL

    1. The unlawful service, distribution, sale, possession, consumption, or other unlawful use of alcoholic beverages is prohibited.
    2. Unlawful behaviors involving alcohol including, but not limited to, underage drinking, public intoxication, drinking and driving, and manufacturing, distributing, and using false identification are prohibited.
    3. Alcoholic beverages may be served on University owned, operated, or controlled property or at University-sponsored events only in:
      4. Students under the legal drinking age may not distribute, sell, possess, consume, or be in the presence of alcohol in the residence halls, except that under-aged students who room with student(s) of legal drinking age may be in the presence of alcohol in their assigned residential unit, provided these under-aged roommate(s) do not distribute, sell, possess, or consume alcohol.
      Upon student request and to the extent reasonably practicable, the University makes living options available where no alcohol is permitted and where roommate(s) also elect this option.
      All events occurring on University owned, operated, or controlled property and all University-sponsored events where alcohol is present must conform to the guidelines identified under Service Control Procedures and Registration and Facilities Requirements.
    4. University funds may be used to purchase alcoholic beverages where lawful and in accordance with the values and principles of this policy.
    5. There shall be no expenditure of undergraduate student activity fees to purchase alcoholic beverages.

    F. SMOKING

    1. Smoking is prohibited in all residence halls and residential dining facilities.
    2. All indoor areas of the University are now smoke-free without exception. Smoking is not permitted in any indoor locations on University owned, operated, or controlled property including, but not limited to, classrooms; private faculty, staff, student, and administrative offices; computing facilities; laboratories; conference, meeting and seminar rooms; cafeteria areas, lunchrooms, and employee lounges, libraries; stores; health facilities; restrooms; stairwells; elevators; lobbies; reception areas; and University-owned or hired vehicles.

    G. MARKETING ALCOHOLIC BEVERAGES AND TOBACCO PRODUCTS

    1. Advertising and Promotions
    2. Sponsorship


    H. GUIDELINES FOR SELLING AND SERVING ALCOHOLIC BEVERAGES ON UNIVERSITY PROPERTY AND AT UNIVERSITY-SPONSORED EVENTS

    1. Service Control Procedures
      1. Individual(s) and/or group(s) operating a licensed facility or sponsoring an event at which any alcoholic beverage is to be sold or served (the "sponsor") shall be responsible for ensuring that all regulations listed in this section are observed.
      2. It is the responsibility of the sponsor to ensure that procedures are in place to prevent serving or selling alcoholic beverages to individuals below the legal drinking age and to those who are visibly intoxicated.
      3. Serving or selling alcoholic beverages is permitted only at events where 75 percent or more of the persons anticipated to be in attendance are of legal drinking age.
      4. At events and/or facilities where alcoholic beverages are served, proof of legal drinking age is required to purchase or consume.
      5. All servers of alcoholic beverages must be appropriately trained according to standards set by a reputable server- training organization, such as I'M Smart of Central New York, Inc.
      6. Selling or serving alcoholic beverages must be discontinued for one hour prior to the end of the event.
      7. Sufficient quantities of non-alcoholic beverages (other than water) and food must be available and prominently displayed at all times during an event at which alcohol is served. An alcoholic punch or beverage must be clearly labeled as such.
      8. All current NCAA by-laws that pertain to selling, serving/distributing, possessing, and consuming alcoholic beverages in athletic facilities and at intercollegiate events are followed (see Appendix C, section 1).
    2. Registration and Facilities Requirements
        3. All events occurring on University owned, operated, or controlled property or at University sponsored events involving selling or serving alcohol must be held at locations registered and approved by the University Events Scheduling Office or the appropriate dean or administrative department head in the respective area when held in a University-owned facility. University-sponsored events held at locations not owned, operated, or controlled by the University require that only licensed distributors who have entered into a contract for services with the University can provide and serve alcoholic beverages. The University Events Scheduling Office refers events that require catering to Schine Dining Center, Goldstein Alumni and Faculty Center, or Campus Catering.
        On-campus events at which alcohol is sold must be held at the following licensed locations: the Goldstein Alumni and Faculty Center, the Schine Student Center, the Carrier Dome, Syracuse Stage, Drumlins, and The Inn Complete. For other approved locations, Campus Catering obtains a temporary permit. Temporary permits require a letter of authorization from the appropriate dean, director, or department head in charge of the location where the event is held. The letter of authorization should state that this official takes full responsibility for adhering to procedures listed in this policy.

        With the exception of events held at the Carrier Dome, Syracuse Stage, Drumlins, and the Inn Complete, all on-campus events held on University owned, operated, or controlled property where alcoholic beverages are sold or served must be catered by Campus Catering or another licensed University service provider. Campus Catering provides the necessary staff to supervise, service, and monitor selling and serving beverages. University Events Scheduling notifies the Syracuse University Department of Public Safety of such events, and the Public Safety determines appropriate staffing.

         

    3. Catering Procedures
      Campus Catering has primary responsibility to serve and sell alcohol at campus events. In addition to procedures described in "Service Control Procedures and Registration and Facilities Requirements" the following catering procedures apply to events where alcoholic beverages are served:
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  4. Sanctions for Policy Violations
    1. ALCOHOL AND OTHER DRUGS
      1. Employees and students known to violate this policy are subject to University disciplinary actions and public law enforcement actions. 
      2. Any University official or Department of Public Safety representative has the authority to stop any violation of this policy occurring on University owned, operated, or controlled property or at any University sponsored event. Any member of the University community may file a complaint pursuant to established University disciplinary procedures against any individual, student organization, or department he/she knows or believes to have violated this policy. Complaints may be filed through established University process, and, if a violation is found to have been committed by the accused individuals or student organization(s), appropriate sanctions are determined with criteria in the following section: 
        1. Students and Recognized Student Organizations

          2. Allegations that one or more students or recognized student organizations have committed a violation of this policy are handled by the University Judicial System as well as any applicable law enforcement agency.
          1. Sanctions for policy violations by students or recognized student organizations in which alcohol or other drug use was a contributing factor must include an educational component and may include other elements as described in the Syracuse University Student Handbook and the published policies of the University Judicial System. These elements include potential suspension or expulsion from the University for violation of this policy. Student athletes are subject to further sanctions and regulations as set forth by theNCAA and the Department of Intercollegiate Athletics. Sanctions for policy violations by recognized student organizations may further include: loss of funding or other privileges; denial of access to University facilities and services; and, withdrawal of recognition by the University. Social Greek letter organizations are also subject to additional sanctions as set forth by their international organizations and Greek Council Social Policy. 
          2. Sanctions for violating this policy are handled on a case-by-case basis. 
          3. Self-referrals to campus drug and alcohol education and early intervention programs are encouraged and are available without risk of further sanctioning. 
        2. EMPLOYEES

          3. All University employees are governed by this policy. Allegations that an employee has violated the policy are handled by the Office of Human Resources. Employees found to have violated this policy are subject to appropriate disciplinary action, pursuant to state, local and federal law, and policies of the Office of Human Resources, published in the Administrative Policy Manual. Such disciplinary action may include, but is not limited to: referral for appropriate assessment, education, counseling, and rehabilitation. In cases where impaired performance is due to illegal drugs, immediate suspension or dismissal may result. 
    2. SMOKING

      3. A complaint, concern, or dispute regarding this policy should be promptly referred for resolution to an immediate supervisor or administrator responsible for the area. The New York Public Health Law provides for a civil penalty of up to $2,000 for any violation of its non-smoking provisions (Appendix D, Section 3).

    3. EXTERNAL SANCTIONS

      4. Sanctions imposed under this policy do not diminish or replace the penalties available under generally applicable federal, state, and local laws (Appendix D).
    Disciplinary Sanctions for Violations of Syracuse University Policy On Alcohol, Other Drugs, and Tobacco
    The University believes that it is important that students and employees know what penalties may be imposed for violation of the Policy on Alcohol, Other Drugs, and Tobacco. The following are examples of particular violations and the range of disciplinary sanctions that may be imposed for a first-time violation. 
    Range of Disciplinary Sanctions
    The actual sanction to be imposed will depend on the type and amount of unlawful substance, and any other aggravating or mitigating circumstances. Multiple offenses will result in more severe sanctions. The University may take other actions such as requiring completion of a rehabilitation program and/or community service. In addition to imposing appropriate sanctions, the University may notify local and federal law enforcement authorities. 
    In addition to the policies and information stated here, there are special requirements for employees who are directly engaged in the performance of work pursuant to the provisions of a federal grant of any amount or a federal contract of $25,000 or more. These employees are required to report to Syracuse University any conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after the conviction. An employee so convicted is subject to appropriate disciplinary action which may include counseling, mandatory participation in a drug abuse assistance or rehabilitation program, suspension, or discharge. The University will notify the contracting or granting agency within 10 days after receiving notice of an employee's workplace drug conviction.
    Violation Student Employees
    Unlawful possession of alcohol warning up to suspension and/or removal from University housing warning up to suspension
    Unlawful use of alcohol warning up to suspension and/or removal from University housing warning up to discharge
    Unlawful sale or distribution of alcohol warning up to suspension and/or removal from University housing suspension up to discharge
    Possession of illicit drugs offical reprimand up to expulsion suspension up to discharge
    Use of illicit drugs official reprimand up to expulsion suspension up to discharge
    Gratuitous distribution of illicit drugs suspension up to explusion discharge
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  5. Appendices



    6. Appendice A. DEFINITIONS
    Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit of wine from whatever source or by whatever processes produced.

    Alcohol abuse means the excessive use of alcohol in a manner that interferes, but not chronically, with physical or psychological functioning; social adaptation; educational performance; and occupational functioning.

    Controlled substance means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. s. 812) or whose possession, sale, or delivery results in criminal sanctions under New York State Law. In general, this includes all prescription drugs as well as those substances for which there is no generally accepted medical use (e.g., heroin, LSD, etc.), and substances that possess a chemical structure similar to that of a controlled substance (e.g. designer drugs). This term does not include alcohol.

    Drugs refers any controlled or other substance, other than food, that is capable of altering an individual's mood, perception, pain level, or judgment.

    Early intervention means services identifying individuals or groups who begin to exhibit problems with their own use, or a significant other's use, of alcohol and other drugs, and motivating them to seek help.

    Educational messages provide accurate alcohol, tobacco, and other drug information about the health risks associated with alcohol and drug use and about resources available to prevent use and abuse.

    High risk includes the use of alcohol or other drugs by people who plan to drive or engage in activities that require skill and alertness; or in combination with certain medications. The use of alcohol is unsafe for people who are depressed; recovering alcoholics; women who are pregnant; and people under the age of 21. High risk drinking includes the use of alcohol in connection with sexual activity. Substance abuse has been linked to acquaintance rape, sexually transmitted infections, and unplanned pregnancy.

    Illegal drug or chemical substance is (a) any drug or chemical substance, the use, sale, or possession of which is illegal under any state or federal law, or (b) one which is legally obtainable but has not been legally obtained. The term includes prescribed drugs not legally obtained, and prescribed drugs not being used for prescribed purposes.

    Low risk is an umbrella term that covers abstinence and other quantities and frequencies of use not associated with high risk. Low risk is intended to replace the word moderation, which is typically used when referring to consuming alcoholic beverages.

    Officially representing the University is when one's activities involve active management, physical or administrative oversight, financial support, and/or release time by the University. Students officially represent the University when: they travel on University money (including student fees); 2) they are on the job (in positions paid for by University accounts and/or student fees); and/or they serve in elected positions at the University.

    Prevention programs provide accurate alcohol, tobacco, and other drug information; promote health-enhancing life-skills; support positive alternatives to activities that traditionally focused on alcohol use; and change social policies and community norms. They are aimed at eliciting long-term change in behavior and are designed to change the life course of its participants, offer opportunities, or provide support.

    Policy is a formal, written statement of the University's position on the use of alcohol, other drugs, and tobacco , setting forth regulations, specific guidelines, and rules to carry out the policy intent.

    University-sponsored event is an activity the University actively manages, is involved with, or oversees financially, physically, or administratively.

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Appendice B. CAMPUS AND COMMUNITY RESOURCES
  1. Prevention and Early Intervention
    2. CONFIDENTIAL ON-CAMPUS
    Faculty and Staff Assistance Program 443-1087
    • Provides evaluation, crisis intervention, substance abuse assessments, short-term counseling, and referral for a range of personal concerns and psychological problems
    OPTIONS Program 443-4234
    • Provides students with assessment, one-to-one educational interventions, group interventions, and referral to brief therapy, support groups, and treatment programs
    Counseling Center 443-4715
    • Provides short-term counseling, crisis counseling, and referrals
    Office of Prevention Services 443-4234
    • Facilitates program and policy review, development, and evaluation; disseminates informational resources; coordinates prevention and early intervention programs for students
    Goldberg Marriage and Family Therapy Center 443-3023
    • Provides individual, couple, and family therapy for SU staff, faculty, students, and their families
    Psychological Services Center 443-3595
    • Provides individual, couple, and group counseling and therapy
    EMERGENCY RESPONSE
    SU Ambulance x711
    OFF-CAMPUS
    Onondaga Council on Alcoholism/Addictions 471-1359
    • Houses a literature and video library on alcohol, tobacco, and other drugs (ATOD); provides information on prevention, intervention, treatment, self-help services for ATOD abuse and addiction, and other addictions (e.g. food, sex, and gambling); conducts assessment and referral services; and conducts prevention program development and presentation
    City/County Drug and Alcohol Abuse Commission 435-5712
    • Provides educational programs for professionals and community members; conducts media advocacy activities regarding ATOD abuse issues and solutions; and assists with developing, coordinating, and expanding successful prevention efforts
    I'M SMART of CNY, Inc. 800-442-4422
    • Provides liquor servers training and tips on responsible social hosting; conducts educational programs; and provides safe driver services
  2. Treatment and Assistance

    3.  
    OUTPATIENT CHEMICAL DEPENDENCY
    Alcohol Services, Inc. 682-3858
    Conifer Park Outpatient Clinic 453-3911
    Crouse Irving Chemical Dependency Services 470-7314
    Syracuse Behavioral Health Care 471-1564
    Family Services Associates 451-2161
    Professional Counseling Services 488-1641
    INPATIENT CHEMICAL DEPENDENCY
    Conifer Park Inpatient Clinic 453-3911
    Crouse Hospital (Syracuse) 800-727-6873
    Syracuse Behavioral Health Care 492-1184
    Tully Hill(Tully) 696-6114
    SUPPORT GROUPS/SELF HELP
    AA (Alcohol Anonymous) 463-5011
    ACOAs (for adult children of alcoholics) 471-0191
    Alateen (for teens living with an alcoholic family member) 471-0191
    Al-Anon Family Groups 471-0191
    Cocaine Anonymous 212-929-7300
    Codependency Anonymous http://www.codependents.org
    Narcotics Anonymous (for drug/alcohol problems) 472-5555
    24-HOUR HOT LINES
    Cocaine Hot Line 800-663-7847
    CONTACT (listening/counseling) 251-0600
    Drug Abuse Local Hot Line (Prevention Network) 472-3784
    NATIONAL HOT LINES AND HELP LINES
    Drug Abuse Hot Line 800-522-5353
    National Cocaine Hot Line 800-262-2463
    National Clearinghouse for Drug/Alcohol Prevention 800-729-6686
    National Institute of Drug/Alcohol Service 800-662-4357
    SAMHSA Facility Locator http://dasis3.samhsa.gov
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Appendix C: National Collegiate Athletic Association (NCCA) By-laws

  1. AVAILABILITY OF ALCOHOLIC BEVERAGES

    2. Alcoholic beverages shall not be sold or otherwise made available for public consumption at any championship event sponsored by or administered by the NCAA, nor shall any such beverages be brought to the site during the championship (i.e., during the period from the time access to the site is available to spectators until all patrons have left the facility or area used for competition).
     
  2. RESTRICTED ADVERTISING AND SPONSORSHIP ACTIVITIES

    3. The following activities are restricted when they occur in conjunction with NCAA championships:
    1. Advertising
      1. Advertising policies of the association are designed to exclude those advertisements that do not appear to be in the best interest of higher education. The executive director shall have the authority to rule in cases where doubt exists concerning acceptable advertisers and advertising copy of game programs, broadcasts, and telecasts of NCAA championships; however, the following expressly are prohibited:
        • alcoholic beverages (except as specified below), and
        • cigarettes and other tobacco products.
      2. Malt Beverage, Beer and Wine Advertisements

        3. Advertising malt beverages, beer, and wine products that do not exceed 6 percent alcohol by volume may be used in game programs. Such advertisements, however, shall not compose more than 14 percent of the space in the program devoted to advertising or not more than 60 seconds per hour of any telecast or broadcast (either a single 60-second commercial or two 30-second commercials).
    2. Sponsorships

      3. A championship activity or promotion may not be sponsored by liquor, tobacco, beer, or wine companies or by professional sports organizations or teams at any time.
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APPENDIX D: LEGAL BACKGROUND

  1. DRUGS

    2. The State of New York Public Health Law prohibits: growing marijuana or knowingly allowing it to be grown without destroying it; selling or possessing a hypodermic needle without a doctor's written prescription; or manufacturing, selling, or possessing with intent to sell an imitation controlled substance. The State of New York Penal Law and federal laws define a wide range of offenses and penalties for possessing or distributing marijuana and other controlled substances. In addition, driving a motor vehicle with ability impaired by drugs is subject to the same New York State law and sanctions as driving while intoxicated. A more complete description of these offenses and penalties is provided below:
    1. Possession and Distribution of Marijuana
      1. Unlawful Possession
        • 1st offense--fine less than $100
        • 2nd offense--fine less than $200
        • 3rd offense--fine less than $250
      2. New York State Penal Law Sanctions for Criminal Possession and Sale

        3. (Degree depends upon amount of substance seized)
        • 5th Degree:
        		 Class B Misdemeanor 3 month imprisonment or less
        • 4th Degree:
        		 Class A Misdemeanor 1 year imprisonment or less
        • 3rd Degree:
        		 Class E Felony 4 years imprisonment or less
        • 2nd Degree:
        		 Class D Felony 7 years imprisonment or less
        • 1st Degree:
        		 Class C Felony 15 years imprisonment or less
      3. Federal Sanctions for Sale of Marijuana
        • A first offense of trafficking in marijuana in amounts of less than 50 kg may result in imprisonment of not more than 5 years and a fine not to exceed $250,000. Imprisonment and fine minimums are doubled for a second offense
        • Trafficking in marijuana in quantities greater than 1,000 kg may result in not less than 10 years and not more than life imprisonment and/or a fine not to exceed $4 million (minimums double for a second offense)
    2. Possession and Distribution of Other Controlled Substances (methamphetamine, heroin, cocaine base, PCP, LSD, Fentanyl, Fentanyl analogue)
      1. State Penal Law Sanctions for Possession and Sale

        2. (Degree depends upon substance, amount of substance, age of purchaser, and prior record)
        • 7th Degree: 
        		 Class A Misdemeanor  1 year imprisonment or less
        • 5th Degree:
        		 Class D Felony 7 years imprisonment or less
        • 4th Degree: 
        		 Class C Felony 15 years imprisonment or less
        • 3rd Degree:
        		 Class B Felony 6 to 25 years imprisonment
        • 2nd Degree:
        		 Class A-II Felony 3 to 8 years to life imprisonment
        • 1st Degree:
        		 Class A-I Felony 15 to 25 years to life imprisonment

         
      2. Federal Sanction for Possession of a Controlled Substance
        • First conviction: Up to one year imprisonment and fine of at least $1,000 but not more than $100,000, or both
        • After one prior drug conviction: At least 15 days in prison, not to exceed 2 years and fine of at least $2,500 but not more than $250,000, or both
        • After two or more prior drug convictions: At least 90 days prison, not to exceed 3 years and fine of 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 fine of up to $250,000, or both if:
        • 1st conviction and the amount of crack possessed exceeds 5 grams;
        • 2nd conviction and the amount of crack possessed exceeds 3 grams;
        • 3rd or subsequent conviction and the amount of crack exceeds one gram
        • 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
        • Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance
        • Civil fine up to $10,000 (pending adoption of final regulations)
        • 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
        • 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
      3. Federal Sanctions for Sale of Controlled Substances
        • Penalties range from imprisonment for less than one year and/or a fine of less than $100,000 for a first offense involving a small quantity of a controlled substance
        • For a large quantity, second offense, the penalty may be as severe as 20 years to life imprisonment and a fine of not more than $8 million.
  2. ALCOHOL
    Alcohol offenses and penalties in New York State are defined by the Alcoholic Beverage Control Law and Penal Law. They include driving while intoxicated, while ability is impaired by alcohol, after consuming alcohol while under age 21, furnishing alcohol to a person under age 21, selling alcohol to an intoxicated person, or providing false identification. The four acceptable forms of I.D. for alcohol service in New York State are a driver's license, a non-driver's I.D., a military I.D., or a passport. In addition, New York State General Obligations Law imposes personal injury liability for damages resulting from furnishing alcohol to persons under age 21 or selling alcohol to an intoxicated person. The city of Syracuse prohibits the consumption of alcohol, or the possession of an open container with intent to consume, in any public place or private property without the owner's permission. A summary of offenses and penalties is provided below:

    3.  

    1. Serving Alcohol to Persons Under 21:
    2. Fraudulent Attempt to Purchase Alcohol

      3. (using false ID or ID of another person):
    3. Possession of Alcohol by Person Under 21:
    4. Driving While Intoxicated (DWI)

      5. (.08 blood alcohol content):
    5. Driving While Ability Impaired (DWAI)

      6. (.05-.07 blood alcohol content):
    6. Operating a Motor Vehicle after Consuming Alcohol while under age 21
    7. Possession of Open Container in Public Place:


  3. SMOKING
    The New York Public Health Law and the New York State Clean Indoor Air Act prohibit smoking in any indoor area, open to the public, to protect all employees and visitors from secondhand smoke, an established cause of cancer and respiratory disease. Smoking is not permitted in any indoor locations on University owned, operated, or controlled property including, but not limited to, classrooms; private faculty, staff, student, and administrative offices; computing facilities; laboratories; conference, meeting and seminar rooms; cafeteria areas, lunchrooms, and employee lounges, libraries; stores; health facilities; restrooms; stairwells; elevators; lobbies; reception areas; and University-owned or hired vehicles.


    4. In University stores that sell tobacco products, the law also prohibits the sale of any tobacco products, rolling papers, or pipes to individuals under 18 years of age and requires that proof of age be provided through a driver's license or other governmental photo I.D. card, unless the individual reasonably appears to be at least 25 years of age. Effective February 28, 1997, Federal Food and Drug Administration regulations also prohibit retailers from selling cigarettes, cigarette tobacco, or smokeless tobacco to any person under age 18, and require retailers to check the photo I.D. of every person under age 27 who wishes to purchase such products.
     

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    Drug Possession Penalties - State
    The penalties for drug possession and trafficking under the New York State Penal Law* are summarized in the following table:









    Drug Possession amount Penalty Sale Amount Penalty
    Narcotics 0 - 1/4 oz. up to 1 year, $1000 fine 0 -1/2 min 1 year, max. 25 years
    (cocaine, crack, heroin) 500 mg. - 1/8 oz. up to 7 years 1/2 - 2 oz. min. 3 years, max. life
    1/8 - 1/2 oz. up to 15 years 2+ oz. min. 15 years, max. life
    1/2 - 2 oz.  min. 1 max. 25 years
    2 - 4 oz. min. 3 years, max. life
    4 oz. +  min. 15 years, max. life
    LSD 0 - 1 mg. up to 1 year, $1,000 fine 0 - 1 mg.  up to 7 years
    1 - 5 mg. up to 15 years 5 mg.+ min. 3 years max. life
    5 - 25 mg. min. 1, max 25 years
    25 mg. + min. 3 years, max life
    PCP 0 - 50 mg. up to 1 year, $1,000 fine 0 - 50 mg. up to 7 years
    (Angel Dust) 50 - 250 mg. up to 7 years 50 - 250 mg. up to 15 years
    250 - 1250 mg. min. max 25 years 250 mg.+ min. 1 year, max. 25 years
    Amphetamines 0 - 1 mg. up to year, $100 fine 0 - 1 mg. up to 7 years
    (uppers) 1 - 5 mg. up to 15 years 1 - 5 mg. min. 1 year, max. 25 years
    5 - 10 years min. 1, 25 years 5 gm. + min. 3 years, max. life
    Bariturates 0 -1 mg. up to 1 year, $1,000 0 - 10 oz. up to 7 years
    (downers) 10 oz. up to 15 years 10 oz.+ up to 15 years
    Marijuana 0 - 25mg. up to 15 days, $250 fine 0 - 10 oz. up to 7 years
    25 mg. - 8 oz. up to 3 months, $500 fine 2 - 25 mg. up to 1 year, $1,000
    8 - 16 oz. up to 4 years 25 mg.-4oz. up to 4 years
    1 - 10lb. up to 7 years 4 - 16 oz. up to 7 years
    10 lb. + up to 15 years > 1 lb. up to 15 years
    Concentrated 0 - 1/4 oz. up to 1 year, $1,000 any amount up to 15 years
    Cannabis 1/4 - 1 oz. up to 7 years
    (hashish) 1 oz.+ up to 15 years
    *The Penal Law provides more serious penalties for possession with intent to sell, sale to persons under 21, and sale to persons under 19 on within 1000 feet of school grounds, including all University property.

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    Drug Possession Penalties - Federal
    • 1ST conviction: up to 1 year, $1,000 - $100,000 fine
    • 2ND conviction: minimum 15 days, maximum 2 years, $ 2,500 - $250,000 fine
    • 3RD+ conviction: minimum 90 days, maximum 3 years, $5,000 - $250,000
    Separate Penalities for Crack Cocaine
    Minimum 5 years, maximum 20 years, up to $250,000 fine if:
    • 1ST conviction and over 5 gm. possossed, or 
    • 2ND conviction and over 3 gm. possossed, or 
    • 3RD+ conviction and over 1 gm. possossed
    Foreiture of Property
    Vehicles, boats, aircraft, or other conveyances used to ransport or conceal a controlled substance may be seized forfeited. Any personal or real property used to possess or faciliate possession of a controlled substance may be forfeited where the offense is punishable by more than 1 year minimum prison.
    Civil Fine of up to $10,000
    Loss of Federal Benefits
    Federal benefits such as studnet loans, grants, contracts, and professional and commercial license may be denied for up to 5 years for 2ND and subsequent offenses.
    Certain other federal licenses and benefits such as pilot licenses, public housing tenancy, etc. may be denied with the discretion of the applicable federal agency.
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    Controlled Substances - Uses and Effects
    The medical uses and health effect of covered by the Federal Controlled Substances Act (CSA) are summarized here. The CSA classified controlled subtances into five schedules (Roman numeral I - V). based on substance's potential for abuse, medical use, and risk of dependence. Schedule I and II drugs have the highest potential for abuse, and schedule V drugs have the lowest potential for abuse.
    Narcotics
    Depressants
    Stimulants
    Hallucinogenics
    Cannabis
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    Alcohol-Effects of and Penalities for Abuse
    The health effects of
    alcohol use and abuse    		 The Penalities for various alcohol related offense under the New York State Penal Law, Alcohol Beverage Control Law, and Vehicle and Traffic Law
    Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses also increase the incidence of aggressive acts, such as spouse and child abuse. Moderate to high doses impair higher mental functions, severely altering the ability to learn and remember information. Very high doses of alcohol can be fatal.

    Repeated use of alcohol can lead to dependence. Alcohol withdrawal can result in severe anxiety, tremors, hallucinations, and convulsions which may be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can lead to permanent damage to vital organs such as the brain and liver.

    Alcohol consumption during pregnancy may result in fetal alcohol syndrome which causes irreversible physical abnormalities and mental retardation at birth.

    Research indicates that children of alcoholic parents have a greater risk of becoming alcoholics themselves.
    The Penalities for various alcohol related offense under the New York State Penal Law, Alcohol Beverage Control Law, and Vehicle and Traffic Law
    Driving While Ability Impaired (DWAI) (0.05-0.07 blood/aclohol content)
    1ST Up to 15 days in jail, $250 - $300 fine, license 90-day suspension
    2ND in 5 years Up to 30 days in jail, $350 - $500 fine, minimum 6 month license revocation
    3RD in 10 years Up to 90 days in jail, $500 - $1500 fine, minimum 6 month license revocation
    Driving While Intoxicated (DWI) (0.08-+ blood/alcohol content) 
    1SToffense  Up to 1 year in prison, $350 - $500 fine, minimum 6 month license revocation
    2ND in 10 years  Up to 4 years in prison, $500 - $5000 fine, minimum 1 year license revocation
    Serving Alcohol to Person Under 21
    Up to months in jail, $500
    Fraudulent Attempt To Purchase Alcohol (using false I.D. or I.D. of another)
    Probation up to 1 year in jail, fine up to $100
    Possession of Alcohol by Person under 21
    Up to $50 fine
    Possession of Open Container in Public Place (City of Syracuse Municipal Ordinance
    Up to 15 days in jail, $150 fine
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