In accordance with the Drug-Free Schools and Communities Act of 1989 and in support of local, state and federal regulations pertaining to the illegal use of alcohol and other drugs, the possession or use of alcohol, tobacco and illegal drugs is prohibited from the EMU campus as well as all university-related functions.

Persons who misuse, obtain for others to use or distribute alcohol, tobacco, or illegal drugs on campus will be held responsible in accordance with the University Standards of Conduct. Students who misuse alcohol, tobacco or illegal drugs off campus will also be in violation of the university policy and may be held responsible by the appropriate university officials. Misuse is identified as consumption that compromises the safety of oneself or others, underage drinking and/or drinking to excess, intoxication, illegal personal use and/or rowdiness, and damage or destruction of property.

NOTE on Self-Reporting/Amnesty for Alcohol and Other Drugs: Individuals who self-report consumption or potential misuse of alcohol and other drugs will not face university disciplinary action. In cases of self-reporting, a member of the student life staff will meet with the student to determine the best educational and/or recovery options available for the student, if needed. In cases of self-reporting, the university will offer its own resources as well as community-based resources to help.  

A number of services are available for persons dealing with addictions to alcohol or other substances. The following are treatment & rehabilitation programs and support services. The EMU Counseling Center (counselingservices@emu.edu) will assist any student in making contact with any of these agencies. Any such referral is confidential.

A number of services are available for persons dealing with addictions to alcohol or other substances. The following are treatment & rehabilitation programs and support services. The EMU Counseling Center (counselingservices@emu.edu) will assist any student in making contact with any of these agencies. Any such referral is confidential.

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 Penalties and Sanctions for Illegal Possession of Controlled Substances

21 U.S.C. 844 (a)
1st 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 and the amount of crack possessed exceeds 5 grams; (b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams; or (c) 3rd 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 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 a firearm.
Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies. 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 8-9 of the U.S. Department of Justice publication, Drug of Abuse, 1996 Edition, provides an overview of the penalties for trafficking of controlled substances.
For additional details about Federal illicit drug laws, visit the following websites:
U.S. Drug Enforcement Agency – www.dea.gov

Open Container and Drinking in Public Code 16.8.51

a.  If any person shall take a drink of alcoholic beverage or shall tender a drink thereof to another, whether accepted or not, at or in any public place, he shall be guilty of a Class 4 misdemeanor.

b.  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 park or playground or on any public street 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.

Drunk in Public: Code 16-7-33

If any person profanely curses or swears or be drunk in public, he shall be guilty of a class 4 misdemeanor. Persons are arrested and taken to detoxify because of dangerous criminal behavior. The safety of the subject, safety of others, and protection of property are the main concerns regarding this code.

Underage Possession of Alcohol: VA Code 4.1-305

a.  No person to whom an alcoholic beverage may not lawfully be sold shall purchase or possess any alcoholic beverage.

b.  Any person found guilty of a violation of this section shall be guilty of a class 1 misdemeanor (with a minimum fine of $500 or 50 hours of minimum community service and up to 12 months in jail and/or up to $2500 in fines); and upon conviction, such person's license to operate a motor vehicle in the commonwealth shall be suspended for a period of not less than 6 months or more than one year.

Possession of alcohol by persons under the age of 21 no longer requires that the person be holding the beverage or container in their hand. Recent Virginia Court of Appeals rulings have made it clear that possession included alcohol which had been consumed and is in one's body. The evidence of this is based upon the officer's investigation, not on the existence of a cup, can or other container. If you have consumed any alcoholic beverages illegally and you come into contact with a Law Enforcement Officer, you can be charged with under aged possession.

Purchase Alcohol for Another: VA Code 4.1-306

If any person purchases alcoholic beverages for another person and at the time of the purchase knows or has reason to believe that the person for whom the alcoholic beverage was purchased was (a) less than 21 years of age, (b) interdicted, or (c) intoxicated, he/she shall be guilty of a Class 1 misdemeanor (up to 12 months in jail and/or up to $2500 in fines).

Possession of Fictitious Identification: VA Code 18.2-204.2

It shall be unlawful for any person to manufacture, advertise for sale, sell or possess any fictitious, facsimile or simulated driver's license issued by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any foreign country or government; United States Armed Forces identification card; United States passport or foreign government visa; Virginia Department of Motor Vehicles special identification card; official identification issued by any federal, state or foreign government agency; or official university or college student identification card, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license or identification of any type specified in this subsection. Any person manufacturing, advertising for sale, selling or reproducing such card or facsimile thereof shall be guilty of a Class 1 misdemeanor. Any person possessing any such card or facsimile thereof shall be guilty of a Class 2 misdemeanor.

DUI Penalties: VA Code 18.2-270

(a) Except as otherwise provided herein, any person violating any provision of 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in the article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional minimum, mandatory period of 5 days or, if the level was more than 0.20, for an additional minimum, mandatory period of 10 days. The additional minimum, mandatory period of confinement shall not be suspended by the court.

• For sections (b and c), please refer to the Code of Virginia
  18.2-270 (legis.state.va.us)

(d) In addition to the penalty otherwise authorized by this section or 16.1-278.9, any person convicted of a violation of 18.2-266 committed while transporting a person 17 of age or younger shall be

1. Fined an additional minimum of $500 and not more than $1000 and
2. Sentenced to perform forty hours of community service in a program benefiting children or, for a subsequent offense, eighty hours of community service in such a program.

DUI (Under 21): VA Code 18.2-266.1

a.  It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol.

Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

b.  A violation of this section shall be punishable by forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and by a mandatory fine of $500 or performance of a mandatory minimum of 50 hours of community service. The penalties and license forfeiture provisions set forth in 16.1-278.9, 18.2- 270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

c.  Notwithstanding 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

Harrisonburg Police Department, (540) 434-4436, https://www.harrisonburgva.gov/police

A minor in Pennsylvania may not buy (or attempt to buy), possess, or knowingly and intentionally transport alcohol; or knowingly use false identification (or other misrepresentations) to obtain alcohol. (Penn. Stat. & Con. Stats. Section 6307(a)& 6308(a).) It is also illegal for a minor to work serving or handling alcohol in an establishment that is licensed to sell alcohol (for example, a bar or night club). (Penn. Stat. & Con. Stats. Section 44.) There are few exceptions to these rules.

Illegal alcohol possession

In addition to possible driver's license suspension (for all violations), second and subsequent convictions are subject to a fine of up to $500 (as decided by the judge). Having consumed alcohol in a jurisdiction other than the jurisdiction where the citation was given is not a defense to these penalties. Breaking one of these laws is a "summary offense," meaning that the minor is not entitled to have a jury trial to determine his guilt. Instead, a judge considers the facts and situation, and rules on a punishment within the guidelines described above. (Penn. Stat. & Con. Stats. Section 6308(a)&(b).)

Misrepresenting age

A minor who misrepresents the minor's age to buy or consume alcohol is guilty of a summary offense (for first violations). For second and subsequent violations, the minor may be charged with a misdemeanor of the third degree. In addition to possible driver's license suspension (for all violations), the judge may impose a fine of up to $500 for second and subsequent violations. For all violations, the judge may also rule that the minor is delinquent, and impose an additional fine of up to $500. (Penn. Stat. & Con. Stats. Section 6307(a) & (b).)

Cost of a DUI

The costs associated with an impaired driving arrest can vary greatly depending on several factors, including blood alcohol content, location of arrest, and number of offenses. The effect on a driver's wallet starts the moment they are stopped by police. Here are a few expenses associated with a DUI.

• Traffic fine: $300 - $10,000 depending on blood alcohol content and number of offenses
• Towing vehicle: $50 flat fee plus mileage
• Impound: $75-$175 per day
• Legal fees: $2,000-$8,000 or more
• Alcohol evaluation: $35-$100
• Accelerated rehabilitative disposition (ARD): $100-$1,800
• Education and treatment: $100-$1,000 or more
• License restoration: $25 non-commercial, $75 commercial
• Insurance premium: increase of about $1,000 a year or cancellation of policy

Apart from the financial aspects of a DUI arrest, there may also be social ramifications. Court appearances, community service requirements or jail time lead to lost time and lost wages — possibly job loss. A DUI conviction can also impede attempts to get a job, and cause embarrassment to your family.

Underage DUI

Pennsylvania's Zero Tolerance Law carries serious consequences for those under 21 who are convicted of driving with any amount of alcohol in their blood. For example, those under 21 who are convicted of driving under the influence with a .02 blood alcohol content, or greater, face severe penalties, including a 12-to 18-month license suspension, 48 hours to six months in jail, and fines from $500 to $5,000.
A vehicle does not have to be involved in order for those under 21 to lose their driving privileges. It is against the law for an individual under the age of 21 to consume, possesses or transport alcohol, or lie about their age to obtain alcohol and carry a fake identification card. If convicted, the minimum penalties are a fine of up to $500, plus court costs; a 90-day license suspension for the first offense; a one-year suspension for the second offense; and a two-year suspension for the third and subsequent offenses.

Age Limit:

The District age limit for consumption, purchase, or possession of alcoholic beverages is 21 years of age. An exception for employees under age 21 exists which allows one to possess alcoholic beverages if it is necessary to perform lawful employment responsibilities. It is unlawful to falsely represent one's age or possess or present false identification in order to purchase alcoholic beverages or for the purpose of entering an establishment that sells liquor.

Thus, the language and structure of the ABC Act, as well as its legislative history, lead us to conclude that the possession of alcoholic by a person under twenty-one is punishable only by a civil fine as described in D.C. Code § 25-130 (b-2) and suspension of driving privileges under D.C. Code § 25-130 (c), and is not a criminal offense. In response to this decision, in July of 2004 the DC Council adopted emergency legislation making possession or drinking when under age 21 a civil as opposed to a criminal offense. This is codified at D.C. Code Ann. § 25-1002 (c) (4)(D). 

False representation of age and fraudulent use of an ID are still misdemeanors under the code. 

Violations of these laws will subject one to a fine of not more than $300 and to revocation of driving privileges in the District for 90 days upon the first offense, $600 and 180 days for the second, and $1,000 and one (1) year for a third violation. For the penalties and further treatment see D.C. Code Ann. § 25-1002.
See 18 U.S.C. § 1028 for federal criminal penalties in connection with a false ID.

No licensee may permit minors to sell, give, furnish or distribute any alcoholic beverages. However, an individual at least 18 years old may sell, serve, or deliver the beverages on a licensed premise, but may not serve as a bartender. A bartender is defined as one who fixes, mixes, makes, or concocts the alcoholic beverages. See D.C. Code Ann. §§ 25-784(a) and (b).

Recordkeeping is required. DC Code 25-773.

Penalties for license violations regarding proof of age:

A first violation will result in a fine between $1,000 and $2,000, or a suspended license for 10 consecutive days. A second violation will result in a fine between $2,000 and $4,000 and a suspended license for 20 consecutive days. Upon a third violation, a fine between $4,000 and $10,000 will be issued and a suspended license for 30 days, or a revocation of the license. The Alcohol Beverage Control Division will post a notice on the premises regarding any suspension or revocation of a license and the reason for it. See D.C. Code Ann. §§ 25-1002(d) and (e).

Operation of motor vehicles, etc.:

One may not be intoxicated and operate a train (as conductor or brakeman), streetcar, elevator, watercraft, or horse drawn vehicle. Penalties include a fine of no more than $300, imprisonment for no longer than three (3) months, or both. See D.C. Code Ann. § 25-1009.