XVII. Substance Abuse

XVII.  SUBSTANCE ABUSE

(Ref:  VCCS PM 6.5.4, 6.5)

 

DRUG AND ALCOHOL ABUSE PREVENTION INFORMATION

 

Introductory Note:  To comply with federal laws (the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989), colleges must provide in writing to all students and employees the following information as part of a commitment to the prevention of the use of illicit drugs and the abuse of alcohol.

 

1.  Standards of Conduct and Disciplinary Sanctions for Alcohol/Drug Offenses

 

Virginia Western students and employees may not possess, use, or distribute any illegal drugs while on campus, attending a college-sponsored off-campus event, or while serving as a representative of the College at off-campus meetings.  This prohibition includes alcoholic beverages, except where lawfully permitted.  Furthermore, all college students and employees are expected to be unimpaired by the effects of illegal drugs or alcohol while on campus or officially representing the college off-campus.  (Refer to VWCC Student Handbook and VWCC Employee Substance Abuse Plan)

 

The disciplinary procedures and penalties for student misconduct involving illegal drugs or alcoholic beverages are provided in Section IX of the Statement of Student Rights, Responsibilities, and Conduct of the VWCC Student Handbook.  Serious violations of the policy may lead to expulsion and criminal charges.  Any employee of the college who violates the standards of conduct stated in the VWCC Employee Substance Abuse Plan shall be subject to disciplinary action, including discharge and/or referral to an assistance or rehabilitation program, at the discretion of the college.  In the event of apparent violations of applicable state or federal laws, employees may also face criminal charges.

 

2.  Applicable Legal Sanctions

 

The possession, distribution, or use of illicit drugs at or nearby a college is a violation of state and federal laws (Virginia Drug Control Act; Federal Controlled Substances Act).  It is also unlawful for any person to consume alcoholic beverages in unlicensed public places (Virginia Alcohol Beverage Control Act).  Reported violations will be investigated by campus police and referred to appropriate public officials for criminal prosecution as warranted.  (A description of state and federal prohibitions and penalties pertaining to illicit drugs and alcohol is provided later in this chapter.)

 

3.  Health Risks Associated with Drug and Alcohol Abuse

 

Drugs and alcohol interfere with student learning and employee performance in the workplace.  Use of drugs and alcohol can also have dangerous consequences for personal health and for the safety of others.  A list of controlled substances and their effects is provided later in this chapter.  Three of the more commonly abused drugs are highlighted below:

 

      Alcohol                         impairs judgment and coordination; can cause damage to the brain, heart, liver and pancreas; increases the risk of birth defects; high doses can cause respiratory depression and death.

 

      Marijuana               has been linked to lung cancer, memory loss, slowed reaction time when driving, depression of the immune system, and complications for pregnant women.

 

      Crack/Cocaine           can cause convulsions, infection, heart attack, stroke, respiratory failure, brain seizures, psychosis, and death.

 

4.  Counseling Services and Treatment Programs

 

Numerous community and state agencies, medical facilities, and private outpatient counseling/treatment programs are available to help Virginia Western students and employees dealing with substance abuse problems.  A few examples are listed below:

 

       Alcoholics Anonymous.......................................................................................... 343-6857

       Blue Ridge Community Services....................................................................... 345-4002

       Discovery at Saint Albans................................................................................... 981-8181

       Lewis-Gale Center for Behavioral Health (Alcohol & Chemical

                  Dependency Treatment)............................................................................ 776-1100

       Lewis Gale Psychiatric Center............................................................................ 772-2800

       Life Center, Alcohol and Drug Abuse Treatment................................... 800/345-6998

       Mount Regis Treatment Center......................................................................... 389-4761

       State Employee Assistance Service........................................................... 540/552-8960

 

Students or employees may first seek advice from a college counselor regarding advice and referral for appropriate treatment.  Confidentiality will be maintained to the extent permitted by law.  For more information, contact the Counseling Office

(857-7237) or Human Resources Office (857-7282).

 

 

VIRGINIA LAWS PERTAINING TO THE UNLAWFUL
POSSESSION OR DISTRIBUTION OF
CONTROLLED SUBSTANCES, ILLICIT DRUGS AND ALCOHOL

 

ALCOHOL

 

Virginia's Alcohol Beverage Control Act contains a variety of laws governing the possession, use, and consumption of alcoholic beverages.  The Act applies to the students and employees of this institution.  As required by the Federal Drug-Free Schools and Communities Act of 1989, the pertinent laws, including sanctions for their violations, are summarized below.

 

1.    It is unlawful for any person under age 21 to purchase or possess any alcoholic beverage.  Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both.  Additionally, such person's Virginia driver's license may be suspended for a period of not more than one year.

 

2.    It is unlawful for any person to sell alcoholic beverages to persons under the age of 21 years of age.  Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both.

 

3.    It is unlawful for any person to purchase alcoholic beverages for another when, at the time of the purchase, he knows or has reason to know that the person for whom the alcohol is purchased is under the legal drinking age.  The criminal sanction for violation of the law is the same as #2 above.

 

4.    It is unlawful for any person to consume alcoholic beverages in unlicensed public places.  Persons violating the law, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.

 

CONTROLLED SUBSTANCES AND ILLICIT DRUGS

 

The unlawful possession, distribution, and use of controlled substances and illicit drugs, as defined by the Virginia Drug Control Act, are prohibited in Virginia.  Controlled substances are classified under the Act into "schedules," ranging from Schedule I through Schedule VI, as defined in sections 54.1-3446 through 54.1-3456 of the Code of Virginia (1950), as amended.  As required by the Federal Drug-Free Schools and Communities Act of 1989, the pertinent laws, including sanctions for their violation, are summarized below.

 

1.    Possession of a controlled substance classified in Schedules I or II of the Drug Control Act, upon conviction, exposes the violator to a felony conviction for which the punishment is a term of imprisonment ranging from one to ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for up to twelve months and a fine up to $2,500, either or both.

 

2.   Possession of a controlled substance classified in Schedule III of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail up to twelve months and a fine up to $2,500, either or both.

 

3.    Possession of a controlled substance classified in Schedule IV of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to six months and a fine up to $1,000, either or both.

 

4.    Possession of a controlled substance classified in Schedule V of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $500.

 

5.    Possession of a controlled substance classified in Schedule VI of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.

 

6.    Possession of a controlled substance classified in Schedule I or II of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a felony conviction for which the punishment is imprisonment from five to forty years and a fine up to $100,000.  Upon a second conviction, the violator must be imprisoned for not less than five years but may suffer life imprisonment, and fined up to $100,000.

 

7.    Possession of a controlled substance classified in Schedules III, IV, or V of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to one year and a fine up to $2,500, either or both.

 

8.    Possession of marijuana, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to thirty days and a fine up to $500, either or both.  Upon a second conviction, punishment is confinement in jail for up to one year and a fine up to $2,500, either or both.

 

9.    Possession of less than one-half ounce of marijuana with intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to one year and a fine up to $2,500, either or both.  If the amount of marijuana involved is more than one-half ounce to five pounds, the crime is a felony with a sanction of imprisonment from one to ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for up to one year and a fine up to $2,500, either or both.  If the amount of marijuana involved is more than five pounds, the crime is a felony with a sanction of imprisonment from five to thirty years.

 

As of September 12, 1990

board/VRR

 

  

Federal Trafficking Penalties                                               As of November 18, 1988

 

 

PENALTY

 

 

 

PENALTY

CSA

2nd Offense

1st Offense

Quantity

DRUG

Quantity

1st Offense

2nd Offense

 

 

 

10-99 gm or 100-999 gm mixture

METHAMPHETAMINE

100 gm or more or 1 kg1 or more mixture

 

 

 



Not less than 10



Not less than 5

100-999 gm mixture

HEROIN


1 kg or more mixture



Not less than 10



Not less than 20

I

years. Not more

than life

years. Not more

than 40 years

500-4,999 gm mixture

 

COCAINE

5 kg or more mixture

years. Not more than life.

years. Not more

than life.

 

If death or serious injury, not less than life.

If death or serious injury, not less than 20 years. Not more than life

5-49 gm mixture

COCAINE BASE

50 gm or more

mixture

If death or serious

injury, not less than 20 years. Not more than life.

If death or serious

injury, not less than life.

and



Fine of not more



Fine of not more

10-99 gm or 100-999 gm mixture

PCP

100 gm or more

or 1k or more mixture



Fine of not more



Fine of not more

 

than $4 million

than $2 million

1-10 gm mixture

LSD

10 gm ore more mixture

than $4 million

than $8 million


II

Individual, $10
million other than

Individual, $5
million other than

40-399 gm mixture

FENTANYL

400 gm or more mixture

individual. $10 million other than

individual, $20 million other than

 

individual

individual

10-99 gm

mixture

FENTANYL ANALOGUE

100 gm or more mixture

individual.

individual.

 

Drug

Quantity

First Offense

Second-Offense

 

Others'

Any

Not more than 20 years.
If death or serious injury, not less than 20 years, not more than life. Fine $1 million individual, $5 million not individual.

Not more than 30 years.
If death or serious injury, life.
Fine $2 million individual, $10 million not individual.

 

 

 

Not more than 5 years.

Not more than 10  years.

III

All

Any

Fine not more than $250,000 Individual, $1 million not individual.

Fine not more than $500,000 individual, $2 million not individual.

 

 

 

Not more than 3 years.

Not more than 6 years.

IV

All

All

Fine not more than $250,000 individual, $1 million not individual.

Fin* not more than $500,000 individual, $2 million not individual.

 

 

 

Not more than 1  years

Not more then 2 years.

V

All

Any

Fine not more than S100,000 Individual, $250,000 not individual

Fine not more thin $200,000 individual, $500.000 not individual.