In accordance with federal legislation, known as the Drug-Free Schools and Communities Act, Eastern Mennonite University is required to communicate EMU communicates the information in this section regarding the unlawful possession, use or distribution of illicit drugs and alcohol to its students and employees. Federal regulations stipulate that this information be distributed annually.
Federal Sanctions – Illicit Drug Laws
Pursuant to federal law, the United States Sentencing Guidelines establish mandatory minimum penalties for categories of drug offenses and provide for penalty enhancements in specific cases. Under these federal guidelines, courts can sentence a person for up to 6 years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams) of marijuana; a sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury; and, possession of more than 5 grams of cocaine can trigger an intent to distribute penalty of 10-16 years in prison
Federal Alcohol and Drug Penalties
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances.
Penalties depend on various factors, including the type (Schedule I - V) and amount of the drug involved, and whether there is intent to distribute. Penalties under federal law range from less than one year to life imprisonment and/or $1,000 to $4 million fines for first offenses. Penalties may include forfeiture of property, including vehicles used to possess, transport or conceal a controlled substance, and forfeiture of Federal benefits, including student loans. A drug conviction may also result in future denial of professional licenses.
Federal Penalties and Sanctions for Illegal Possession of Controlled Substances
21 U.S.C. 844 (a)
- 1st conviction conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
- After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
- After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 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 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if: (a) 1st conviction conviction and the amount of crack possessed exceeds 5 grams; (b) 2nd crack crack conviction and the amount of crack possessed exceeds 3 grams; or (c) 3rd or or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
21 U.S.C. 853 (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 1 year imprisonment. (See specially sentencing provisions re: crack, above.)
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. 844a
- Civil fine of up to $10,000
21 U.S.C. 862
- Denial of Federal Benefits, such as 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.
18 U.S.C. 922 (g)
- Ineligible to purchase, receive , or transport purchase a firearm.Revocation of certain
Federal
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Federal Penalties for Illegal Trafficking of Controlled Substances
The Controlled Substances Act (CSA), Title II of the comprehensive Drug Abuse Prevention and Control Act of 1970, is a consolidation of numerous federal laws regulating the manufacture and distribution of controlled substances. The CSA places all use, potential for abuse and safety or dependence liability.
The CSA provides penalties for the unlawful manufacturing and distribution of controlled substances. The charts on pages 2836-29 37 of the U.S. Department of Justice publication, Drug Drugs of Abuse, 2015 2020 Edition, provides an overview of the penalties for trafficking of controlled substances.
For additional details about Federal illicit drug laws, visit the following websites:
- S. Drug Enforcement Agency – www.dea.gov
- Controlled Substances Act – usdoj.gov/dea/agency/csa.htm
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- – dea.gov/
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City of Harrisonburg Alcohol Ordinances
Open Container and Drinking in PublicCode - Sec. 16-8-51
If any person
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takes a drink of alcoholic
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beverages or
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offers a drink thereof to another, whether accepted or not, at or in any public place, as defined in § 4.1-100 of the Code of Virginia, 1950, as amended, he shall be guilty of a Class 4 misdemeanor.
- It shall be unlawful for any person to possess an open or opened container, can, cup, glass or bottle containing an alcoholic beverage in any city
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- parks, playgrounds, public streets and any sidewalks adjoining any public streets in the city.
City Ordinance Violations are enforced by both patrol and special enforcement officers of the Harrisonburg Police Department. Violations will receive enforcement action when they are observed, not only in response to complaints. This law does apply to sidewalks and parking lots open to the public. Persons who consume or are in possession of alcoholic beverages while sitting in vehicles are subject to this charge. To avoid being charged with this violation, all those participants at your event must stay on your property. Walking or driving from place to place with an open container of alcoholic beverages, including cups, is a violation of this law.
- This article shall not prevent any person from drinking alcoholic beverages, offering a drink thereof to another or possessing an open container, as described in subsection (b) of this section, in the dining room or other designated room, as defined in § 4-25 of the Code of Virginia, 1950, as amended, of a hotel, restaurant or club; provided, that such hotel, restaurant or club, or the person who operated the same, is licensed to sell for consumption in such dining room or other rooms such alcoholic beverages and the alcoholic beverages drunk or offered were purchased therein.
- This article shall not prevent any person from drinking alcoholic beverages, offering a drink thereof to another or possessing an open container, as described in subsection (b) of this section, in any room or area approved by the ABC board at an event for which a banquet license or mixed beverage special events license has been granted. Nor shall this article prevent, upon authorization of the licensee, any person from drinking his own lawfully acquired alcoholic beverages or offering a drink thereof to another in approved areas and locations at events for which a coliseum or stadium license has been granted.
Drunk in Public - Sec. 16-7-33
- If any person profanely curse or swear or be drunk in public he shall be guilty of a
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- Class 4 misdemeanor.
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- If any person shall be convicted for being drunk in public three (3) times within one (1) year in this state, upon the third or any subsequent conviction for such offense within the period of one (1) year, such person shall be guilty of a Class 3 misdemeanor.