Safety on Campus
Boston University Statement on Illegal Drugs and Alcohol
Introduction
This statement is provided to students, faculty, and staff as part of Boston University’s compliance with the Drug-Free Schools and Communities Act Amendments of 1989. Faculty, staff, and students who receive funding and other support such as grants, contracts, and certain financial assistance from the federal government may be subject to additional restrictions and conditions imposed upon them by the Drug-Free Workplace Act.
Policy
The general policies of Boston University provide that the University campus and University activities are not sanctuaries from federal, state, and local laws. The policies of the University prohibit the unlawful use, possession, sale, distribution, or manufacture of controlled substances or alcohol on University property or as part of University activities.
Boston University recognizes that alcoholism, drug addiction, and substance abuse may represent illnesses or conditions that require professional counseling, assistance, or treatment. Faculty, students, and staff with problems related to or stemming from alcohol or substance abuse or dependency are encouraged to utilize the services provided through the University or other sources of assistance. However, neither addiction nor abuse excuses any member of the University community for violating the rights of others, or for neglecting or performing inadequately academic or job-related responsibilities.
- Standards of Conduct
The unlawful possession, use, or distribution of illicit drugs or alcohol by any student or employee on University property or as part of or in connection with any University activity is prohibited. - Disciplinary Sanctions
The University will impose disciplinary sanctions on students and employees who violate University standards of conduct. In addition, students or employees who violate public law may be subject to criminal prosecution. Conviction may result in fines, imprisonment, and revocation or loss of eligibility to receive federal funding (such as grants and financial assistance) and other privileges.
University-imposed discipline may include sanctions up to and including expulsion of a student or termination of employment, in addition to referral for criminal prosecution. Disciplinary sanctions may include participation in a required treatment, counseling, or other approved rehabilitation program.
State and Federal Laws and Sanctions Concerning Drugs and Alcohol
In addition to disciplinary sanctions imposed by the University, all students, faculty, and staff should be aware that federal, state, and some local laws treat illegal use, possession, sale, distribution, or manufacture of drugs or alcohol as serious crimes. Conviction can lead to imprisonment, fines, and assigned community service. Courts do not lift prison sentences in order to allow convicted persons to attend college or continue their jobs. Felony and certain other convictions can prevent you from entering many fields of employment or professions and may have to be listed on applications for employment or admission to graduate or professional schools.
Many cities and towns in Massachusetts, including Boston, have local ordinances and regulations which prohibit public consumption of alcoholic beverages or consumption of alcoholic beverages on private property without the owner’s consent. The Department of Conservation and Recreation also prohibits public consumption of alcohol in its parks. Similar laws and regulations apply in most other states and in many localities.
Massachusetts laws punish sale or delivery of alcoholic beverages to persons under twenty-one with a fine of up to $2,000 and six months imprisonment, or both. Misrepresenting one’s age or falsifying an identification to obtain alcoholic beverages is punishable by a fine of $300. First conviction of driving under the influence of alcohol has a penalty of a $500–$5,000 fine, one-year revocation of driver’s license, up to two-and-a-half years in prison, and mandatory alcohol rehabilitation.
Massachusetts has criminal penalties for use of controlled substances, or drugs, with penalties varying with the type of drug. In general, use of narcotic and addictive drugs, and drugs with high potential for abuse, have heavier penalties.
Possession of drugs is illegal without valid authorization. While penalties for possession are generally not as great as for manufacture and distribution of drugs, possession of a relatively large quantity may be considered distribution. Under both state and federal laws, penalties for possession, manufacture, and distribution are much greater for second and subsequent convictions. Many laws dictate mandatory prison terms and the full minimum term must be served.
Massachusetts makes it illegal to be in a place where heroin is kept and to be “in the company” of a person known to possess heroin. Anyone in the presence of heroin at a private party or in a dormitory suite risks a serious drug conviction. Sale and possession of “drug paraphernalia” is illegal in Massachusetts. Under federal laws and some state laws, participation in drug-related criminal activity can result in seizure or forfeiture of personal property and other assets utilized in conjunction with or stemming from the proceeds of the illegal activity. In addition, conviction of a drug-related offense may entail civil fines and denial or revocation of certain licenses and benefits.
Persons convicted of drug possession under state or federal law are ineligible for federal student grants and loans or for participation in federally sponsored research grants or contracts for up to one year after the first conviction, and up to five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first conviction, ten years after the second, and permanently after the third.*
Under federal law, distribution of drugs to a person under age twenty-one is punishable by twice the normal penalty, i.e., a mandatory one-year prison term; a third conviction is punishable by mandatory life imprisonment. These penalties apply to distribution of drugs in or within 1,000 feet of a college or school. Federal law sets greatly heightened prison sentences for manufacture and distribution of drugs if death or serious injury results from use of the substance.
*In accordance with the requirements of the Drug-Free Workplace Act of 1988, as a condition of employment, any employee who is engaged in the performance of work under a federal grant or contract must notify the University if he or she is convicted of violating any criminal drug statute for activities done in the workplace not later than ten days after conviction; students who receive Pell and certain other federal grants are subject to similar conditions and must report any conviction of a drug-related offense to the U.S. Department of Education within ten days of the conviction if the offense occurred during the period covered by the grant.
Federal Drug Laws
The possession, use, or distribution of illegal drugs is prohibited by federal law. There are strict penalties for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.
A. Denial of Federal Benefits
21 U.S.C. 862
A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to
five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
B. Forfeiture of Personal Property and Real Estate
21 U.S.C. 853
Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.
C. Federal Drug Trafficking Penalties
21 U.S.C. 841
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The list below is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.
If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces a mandatory life sentence and fines ranging up to $8 million.
Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
D. Federal Drug
Possession Penalties
Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than fifteen days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than ninety days but not more than three years in prison and a minimum fine of $5,000.
Substance |
Amount |
Penalty—First Conviction |
|---|---|---|
Heroin |
1 kg. or more |
Prison: not less than 10 years, not more than life. |
Cocaine |
5 kg. or more |
|
Crack Cocaine |
50 gm. or more |
|
Methamphetamine |
100 gm. or more |
|
PCP |
100 gm. or more |
|
LSD |
10 gm. or more |
|
Marijuana |
1000 kg. or more |
|
N-Phenyl-N-propanamide |
400 gm. or more |
|
Heroin |
100–999 gm. |
Prison: not less than 5 years, not more than 40 years. |
Cocaine |
500–4,999 gm. |
|
Crack Cocaine |
5–49 gm. |
|
Methamphetamine |
10–99 gm. |
|
PCP |
10–99 gm. |
|
LSD |
1–10 gm. |
|
Marijuana |
100–1,000 kg. |
|
N-Phenyl-N-propanamide |
40–399 gm. |
|
Amphetamines |
any amount |
Prison: up to 3 years.any amount |
Barbiturates |
any amount |
|
Marijuana |
50–100 kg. |
Prison: up to 20 years. |
Hashish |
10–100 kg. |
|
Hash Oil |
1–100 kg. |
|
Flunitrazepan |
1 gm. |
|
Marijuana |
less than 50 kg. |
Prison: up to 5 years. |
Hashish |
less than 10 kg. |
|
Hash Oil |
less than 1 kg. |
|
Flunitrazepan |
less than 30 mg. |
Description of Health Risks
Serious health and personal risks are associated with the use of illegal drugs and abuse of alcohol. They may include temporary or permanent physical or mental impairment, injury, or death. Use and abuse of such substances may also give rise to conduct which causes injury, death, or damage to the user/abuser or to the person or property of others, resulting in criminal or civil prosecution and liability. Use and abuse of such substances may also lead to unsafe and/or nonconsensual sex, unwanted pregnancy, and may cause defects, injury, or death in unborn children. Consequences also include temporary or permanent loss of educational or employment opportunities.
Drugs and the Body
Narcotics (Heroin):
- Initial euphoria followed by drowsiness and nausea
- Constricted pupils, watery eyes, dazed look
- Overdose may produce slow, shallow breathing, clammy skin, loss of appetite and weight, and possible death
Depressants (Barbiturates, Tranquilizers):
- Relaxed muscles, calmness, drowsiness
- Confusion, disorientation, slurred speech
- Overdose may produce shallow breathing, clammy skin, weak and rapid pulse, coma, and possible death
Stimulants (Cocaine, Methamphetamine):
- Increased heart and respiratory rate, elevated blood pressure, decreased appetite
- Blurred vision, dizziness, insomnia, anxiety
- High doses can cause physical collapse, irregular heartbeat, stroke, and possible death
Hallucinogens (LSD, PCP, Mushrooms):
- Illusions and hallucinations
- Confusion, panic, anxiety, depression, and poor perception of time and distance
- Respiratory failure, death due to careless behavior
Cannabis (Marijuana, Hashish):
- Increased heart rate, bloodshot eyes, dry mouth and throat, and increased appetite
- Interferes with memory, speech, coordination, and perception of time
- Increases risk of lung cancer, weakened immune system, and affects reproductive system
- MA Marijuana Law
Alcohol and the Body:
- Impairment of brain function, judgment, alertness, coordination, and refexes
- Attitude and/or behavioral changes, such as uncharacteristic hostility, or increased risk taking, such as driving recklessly
- Alcohol taken with other drugs can intensify the effects of the drug, alter the desired effect of the drug, cause nausea, sweating, severe headaches, and convulsions
- Addiction or chemical dependency
- Memory blackouts
- Uncharacteristic family, school, work, or legal problems
- Health problems such as cirrhosis of the liver
- If used during pregnancy, birth defects and mental retardation in user's unborn children may occur
