Drugs and Alcohol: Policies, Laws, and Resources

(Printable PDF is located at the bottom of this page.)

To Members of the Middlebury College Community:

The Drug-Free Schools and Communities Act of 1989 requires that Middlebury College (“Middlebury”) annually notify all students, faculty, and staff of the following:

*Middlebury’s standards of conduct, which prohibit the unlawful possession, use, or distribution of illegal drugs and alcohol by students and employees on Middlebury property or in connection with any activities or programs sponsored by Middlebury.

*A description of Middlebury’s disciplinary sanctions that will be imposed on students and employees for the unlawful possession, use, or  distribution of illegal drugs and alcohol, up to and including expulsion or termination of employment.

*A description of applicable sanctions under federal, state, and local law for the unlawful possession, use, or distribution of illegal drugs and alcohol.

*A description of the health risks associated with the use of illegal drugs and the abuse of alcohol.

*A description of any drug or alcohol counseling, treatment, rehabilitation, or re-entry programs that are available to employees or students.

Middlebury’s Alcohol and Drug Policies

Middlebury is committed to promoting individual and community health, safety, and responsibility.  We expect all students to observe local, state, and federal laws governing the possession, use, and furnishing of alcoholic beverages and controlled substances, also referred to as illegal drugs. 

Middlebury believes that alcohol and other drug-related problems affect our entire community and that each of us has a responsibility to help safeguard the community health by respecting Middlebury’s policy and intervening in situations of abuse. Any member of the Middlebury community who has knowledge of an individual on campus who is abusing alcohol or who is in possession of or using illegal drugs is urged to encourage the individual to seek counseling and/or medical assistance. All members of the community are also expected to help protect the community health by informing appropriate Middlebury staff members of instances of illegal drug or alcohol possession, distribution and/or sales.

Any violation of Middlebury’s Drug and Alcohol policies may result in discipline up to and including termination of employment (in the case of employees) or suspension or expulsion (in the case of students). Links to the full texts of Middlebury’s Alcohol and Drug Policies are available below. Printed copies are also available upon request from the following individuals or offices:

Middlebury’s Vermont-Based Program Contacts

Department of Public Safety
802.443.5911

Baishakhi Taylor
Dean of Students
802.443.5575
taylorb@middlebury.edu

Barbara McCall
Director of Health and Wellness
802.443.5361
bmccall@middlebury.edu

Bread Loaf Writers' Conference
Michael Collier, Director
802.443.5286
collier@middlebury.edu

Bread Loaf School of English (Vermont)
Emily Bartels, Director
802.443.5418
ebartels@middlebury.edu

Middlebury Language Schools and Schools Abroad
Jeffrey W. Cason
Vice President for Academic Affairs and Dean of the Schools
802.443.5745
cason@middlebury.edu

Stephen B. Snyder
Dean of Language Schools
802.443.5979
ssnyder@middlebury.edu

Elizabeth Karnes Keefe
Associate Dean of Language Schools
802.443.5685
karnes@middlebury.edu

Middlebury School of the Environment
Stephen C. Trombulak, Director
802.443.5439
trombula@middlebury.edu

Other Middlebury Program Contacts (California, Nevada and New Mexico)

Middlebury Institute of International Studies at Monterey
Michael Ulibarri
Human Resource Manager
831.647.6404
mulibarr@miis.edu

Ashley Fera Arrocha
Assistant Dean of Student Services
831-647-4654
aarrocha@miis.edu

Middlebury at Mills College
Sasha Miyamoto
510.430.2285
smiyamoto@middlebury.edu

MiddCORE at Sierra Nevada College
Jessica Holmes, Director
802.443.3439
jholmes@middlebury.edu

Bread Loaf School of English (New Mexico)
Cheryl Glenn, Director
505.995.4083 (Office) 814.574.3333 (Cell)
cglenn@middlebury.edu

Middlebury’s Alcohol and Drug Policies:

Students
Alcohol and Other Drugs
http://www.middlebury.edu/about/handbook/student_policies/alcohol_drugs_policy

Faculty and Staff
Employee Handbook (9.3 Discharge)
http://www.middlebury.edu/about/handbook/employee/leaving_midd/discharge

Alcohol and Other Drugs
http://www.middlebury.edu/about/handbook/student_policies/alcohol_drugs_policy

Middlebury Institute of International Studies Drug and Alcohol Policies

Students

Alcohol and Drug Use Policy
http://www.miis.edu/student-life/policies/substances

Policy and Standards Manual, pp. 44, 45 & 53
http://www.miis.edu/system/files/miis20psm20sep-2015-2.pdf

Faculty and Staff
The possession, distribution, sale, use or being under the influence of alcoholic beverages or illegal drugs while on Institute Property, while on duty, or while operating a vehicle or potentially dangerous equipment leased or owned by the Institute is prohibited. Employee Handbook p. 31

The Institute’s Drug Free Workplace Policy   
Employee Handbook, p. 28 http://www.miis.edu/system/files/media/Employee%20Handbook%20revised%2003%2011%2016.pdf

See also: Policy and Standards Manual (p.53)
http://www.miis.edu/system/files/miis20psm20sep-2015-2.pdf

Federal and State Laws

All students, faculty, staff, and visitors are subject to local, state and federal laws, as well as Middlebury drug and alcohol policy rules and regulations, while on Middlebury-owned or leased properties or while involved with off-campus activities sponsored by Middlebury or a registered Middlebury organization. Middlebury does not protect individuals from prosecution for drug or alcohol offenses under local, state, or federal laws, and does not interfere with legitimate law enforcement activities.  Law enforcement officers, when in possession of the proper documents, have a legal right to search individuals and property without prior notice. Middlebury also reserves the right to furnish the police with information regarding alleged illegal activities.

Federal, state, and local laws pertaining to the illegal manufacture, possession, distribution and use of drugs and alcohol are summarized below. The information herein regarding Federal, state, and local drug and alcohol laws does not constitute legal advice and should not be relied upon as such. Please consult your attorney if you have any questions. In addition, this section is intended to be a summary of certain drug and alcohol laws only. Such laws may change from time to time; as such, you should access the statutes directly or consult your attorney to obtain the most up to date and accurate information.

A.            Federal Law

Penalties for Simple Possession

First Offense

Second Offense

Additional Offenses

Convictions for Possession of Flunitrazepam

Ephedrine base,pseudoephedrine base, or phenylpropanolamine base

May be sentenced for up to 1 yr. in prison; shall be fined $1,000, or both.

Prison sentence between 15 days and 2 yrs. and a minimum fine of

$2,500

Prison sentence between 90 days and 3 yrs. and a minimum fine of

$5,000

Prison sentence of not more than 3 yrs. and fines as provided generally in the statute for first or additional offenses, or both.

Unlawful purchase of more than 9 grams in a 30 day period. (Penalties for first and subsequent offenses as shown in this chart)

21 U.S.C. §844

Criminal Forfeitures (21 U.S.C. § 853)
Any person convicted of a federal drug crime punishable by imprisonment for more than 1 year shall forfeit to the United States, irrespective of any provision of State law—

(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation;

(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and

(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of section 848 of this title, the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise.

Denial of Federal Benefits, Including Student Loans, Grants, Contracts, and Commercial and Professional  Licenses (21 U.S.C. §862)

Convictions for federal or state offenses consisting of the distribution of controlled substances: Ineligible for any and all federal benefits for up to 5 years after a first conviction, up to 10 years after a second conviction, and permanent ineligibility for all federal benefits after a third or subsequent conviction.

Convictions for federal or state offenses related to possession of controlled substances: Ineligible for any and all federal benefits for up to 1 year, and/or drug treatment program and/or community service (first conviction); up to 5 years (second or subsequent conviction(s)), and or drug treatment program and/or community service.

Federal Trafficking Penalties Schedule (21 U.S.C. § 841)

Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)

Schedule

Substance/Quantity

Penalty

Substance/Quantity

Penalty

II

Cocaine
500-4999 grams mixture

First Offense: Not less than 5 yrs. and not more than 40 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. 

Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment.  Fine of not more than $8 million if an individual, $50 million if not an individual.

Cocaine
5 kilograms or more mixture

First Offense: Not less than 10 yrs. and not more than life.  If death or serious bodily injury, not less than 20 yrs. or more than life.  Fine of not more than $10 million if an individual, $50 million if not an individual.

Second Offense: Not less than 20 yrs, and not more than life.  If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

2 or More Prior Offenses: Life imprisonment.  Fine of not more than $20 million if an individual, $75 million if not an individual.

II

Cocaine Base
28-279 grams mixture

Cocaine Base
280 grams or more mixture

II

Fentanyl
40-399 grams mixture

Fentanyl
400 grams or more mixture

I

Fentanyl Analogue
10-99 grams mixture

Fentanyl Analogue
100 grams or more mixture

I

Heroin
100-999 grams mixture

Heroin
1 kilogram or more mixture

I

LSD
1-9 grams mixture

LSD
10 grams or more mixture

II

Methamphetamine
5-49 grams pure or
50-499 grams mixture

Methamphetamine
50 grams or more pure
or 500 grams or more mixture

II

PCP
10-99 grams pure or
100-999 grams mixture

PCP
100 grams or more pure
or 1 kilogram or more mixture

 

 

 

 

 

Substance/Quantity

Penalty

Any Amount Of Other Schedule I & II Substances

First Offense: Not more than 20 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than Life.  Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 yrs.  If death or serious bodily injury, life imprisonment.  Fine $2 million if an individual, $10 million if not an individual.

Any Drug Product Containing Gamma Hydroxybutyric Acid

Flunitrazepam (Schedule IV)
1 Gram or less

Any Amount Of Other Schedule III Drugs

First Offense: Not more than 10 yrs.  If death or serious bodily injury, not more that 15 yrs.  Fine not more than $500,000 if an individual, $2.5 million if not an individual.

Second Offense: Not more than 20 yrs.  If death or serious injury, not more than 30 yrs.  Fine not more than $1 million if an individual, $5 million if not an individual.

Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam)

First Offense: Not more than 5 yrs.  Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 10 yrs.  Fine not more than $500,000 if an individual, $2 million if other than an individual.

Any Amount Of All Schedule V Drugs

First Offense: Not more than 1 yr.  Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 4 yrs.  Fine not more than $200,000 if an individual, $500,000 if not an individual.

 

Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances

Marijuana
1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants

First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.

Second Offense: Not less than 20 yrs. or more than life.  If death or serious bodily injury, life imprisonment.  Fine not more than $20 million if an individual, $75 million if other than an individual.

Marijuana
100 to 999 kilograms marijuana mixture or 100 to 999 marijuana  plants

First Offense: Not less than 5 yrs. or more than 40 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than life.  Fine not more than $5 million if an individual, $25 million if other than an individual.

Second Offense: Not less than 10 yrs. or more than life.  If death or serious bodily injury, life imprisonment.  Fine not more than $8 million if an individual, $50million if other than an individual.

Marijuana
50 to 99 kilograms marijuana mixture,
50 to 99 marijuana plants

First Offense: Not more than 20 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than life.  Fine $1 million if an individual, $5 million if other than an individual.

Second Offense: Not more than 30 yrs.  If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.

Hashish
More than 10 kilograms

Hashish Oil
More than 1 kilogram

Marijuana
less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of  weight)

1 to 49 marijuana plants

First Offense: Not more than 5 yrs.  Fine not more than $250,000, $1 million if other than an individual.

Second Offense: Not more than 10 yrs.  Fine $500,000 if an individual, $2 million if other than individual.

Hashish
10 kilograms or less

Hashish Oil
1 kilogram or less

For additional information regarding penalties for drug-related offenses, see the full text of 21 U.S.C. Sec. 841, which is available at: http://www.deadiversion.usdoj.gov/21cfr/21usc/841.htm

Distribution or Manufacturing in or Near Schools: (21 U.S.C. § 860)

Any person convicted of distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a private college is subject to twice the maximum punishment (including imprisonment and fines) and at least twice any term of supervised release as the standard penalties for the same offense, with a mandatory term of imprisonment of not less than one year. These mandatory minimum sentencing provisions shall not apply to offenses involving 5 grams or less of marijuana. There are additional penalties for two or more offenses.

Full text of Controlled Substances Act

Section 812. Schedules of Controlled Substances 
List of Controlled Substances

B. Vermont Law

Alcohol

Minors Misrepresenting age, Procuring, Possessing, or Consuming Liquors (7. V.S.A.§ 656 and  7 V.S.A. § 657)

It is illegal for a person under the age of 21 to procure, possess, or consume alcohol.

First Offense

Second Offense

Third Offense

Civil penalties include a $300 fine and a 90 day suspension of the person’s driver’s license (unless the person successfully meets the conditions of the court diversion board, including an alcohol safety program)

Civil penalties up to a 120 day suspension of the  person’s driver’s license; completion of an alcohol and driving program at the person’s own expense

Fine up to $600 or prison up to 30 days, or both.

Sale or Furnishing Alcohol to Minors or Enabling the Consumption of Alcohol by Minors (7 V.S.A. § 658)

It is illegal to sell or furnish alcohol to, or knowingly enable the consumption of alcohol by, a person under the age of 21. Fines range from $500-$2,000 or a prison term of up to 2 years, or both. Additional penalties will be imposed if the minor gets in an automobile accident that causes death or serious bodily injury to him/herself or others (prison term of up to 5 years or a fine of up to $10,000, or both). “Enable the consumption of” alcohol means creating a direct and immediate opportunity for a person to consume alcohol.

Limited Immunity from Liability for Reporting a Drug or Alcohol Overdose (18 V.S.A. § 4254)

Vermont law provides limited immunity from citation or arrest of prosecution for a person who, in good faith and in a timely manner, seeks medical assistance for someone who is experiencing a drug or alcohol overdose or for themselves if they are experiencing a drug or alcohol overdose.

Driving Under the Influence of Alcohol (23 V.S.A. § 1201)

A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus; or

(2) when the person is under the influence of intoxicating liquor; or

(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug; or

(4) when the person's alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle.

"Under the influence of a drug" means that a person's ability to operate a motor vehicle safely is diminished or impaired in the slightest degree.

See the full text of the statute for additional laws relating to a law enforcement officer's reasonable request under the circumstances for an evidentiary test, additional penalties and restrictions for subsequent offenses, affirmative defenses and other related topics.

See also 23 V.S.A. § 1202 (Consent to Taking of Tests to Determine Blood Alcohol Content)

Penalties include the following, depending on the circumstances:

First Offense

Fine up to $750 or prison up to 2 yrs., or both. License suspension for 90 days and until conditions of reinstatement met. See 23 V.S.A. § 1206; 6 month suspension in cases of serious bodily injury resulting (and until conditions are met). Person may operate under terms of ignition interlock RD under certain conditions before expiration of suspension period unless offense involved a collision resulting serious injury or death.

License suspension; reinstatement  conditions: See, e.g., 23 V.S.A. §§1206 & 1209a

23 V.S.A. §1210

Second Offense

Fine up to $1,500 or prison up to 2 years, or both; at least 200 hours of community service. License suspension for 18 months and until conditions of reinstatement met. Person may operate under terms of ignition interlock RD under certain conditions before expiration of suspension period unless offense involved a collision resulting serious injury or death.

License suspension; reinstatement conditions: See, e.g., 23 V.S.A. 1208 & 1209a

23 V.S.A. §1210

Third Offense

Fine up to $2,500 or prison up to 5 yrs. or both. License revocation for life; person may operate under the terms of ignition interlock RD under certain conditions unless offense involved a collision resulting serious injury or death.

License  suspension for life and other conditions: See, e.g., 23 V.S.A. 1208 & 1209a

23 V.S.A. § 1210

Fourth or Subsequent Offense

Fine up to $5,000 or prison up to 10 yrs. or both. License revocation for life; person may operate under the terms of ignition interlock RD under certain conditions unless offense involved a collision resulting serious injury or death.

License suspension and other conditions: See, e.g., 23 V.S.A. 1208 & 1209a

23 V.S.A. §1210

DUI Offense with Death Resulting

Fine up to $10,000 and/or prison between 1-15 yrs.; separate penalties may be imposed for multiple deaths; other penalties may apply

License suspension and other conditions See, e.g., 23 V.S.A. 1208 & 1209a

23 V.S.A. §1210

DUI Offense with Death Resulting; 3rd or Subsequent Offense

Mandatory prison term of at least 5 yrs. (court has discretion to impose lesser sentence under certain conditions)

License suspension and other conditions See, e.g., 23 V.S.A. 1208 & 1209a

23 V.S.A. §1210

DUI Offense with Serious Bodily Injury Resulting

Fine up to $10,000 or prison up to 1-15 yrs., or both. Separate penalties may be imposed for each person injured.

License suspension and other conditions See, e.g., 23 V.S.A. 1208 & 1209a

23 V.S.A. §1210

DUI Offense with Serious Bodily Injury Resulting; third or subsequent offense

Mandatory prison for at least 5 yrs. Other penalties within the Court’s discretion (court has discretion to impose lesser sentence under certain conditions)

License suspension and other conditions See, e.g., 23 V.S.A. 1208 & 1209a

23 V.S.A. §1210

Other penalties and conditions include alcohol screening, alcohol and driving education program, additional therapy (depending on the circumstances); additional penalties apply for refusal consent to blood alcohol testing. See, e.g., 23 V.S.A. §§ 1205, 1206, 1208, 1209a, 1210

Illegal Drugs

Drug

 Possession

 Delivery or Sale

Trafficking

Statute

Marijuana

1 oz or less: Civil penalties apply; license suspension if under 21.

> 1 oz.: 1st offense: Fine up to $500 and/or prison up to 6 months.
Subsequent Offense: Fine up to $2,000 and/or prison up to 2 yrs.

2oz :  Fine up to $10,000 and/or prison up to 3 yrs.
 
1 pound: Fine up to $100,000 and/or prison up to 5 yrs.
10 pounds: Fine up to $500,000 and/or prison up 15 yrs.

Fine up to $10,000 and/or prison up to 2 yrs.

½ oz: Fine up to $100,000 and/or prison up to 5 yrs. amount.

1 pound or >:
Fine up to $500,000 and/or prison up to 15 yrs.

Trafficking (50 pounds or >): Fine up to $1,000,000 and/or prison up to 30 yrs.

18 V.S.A. § 4230

18 V.S.A. §§4230 a, 4230b, 4230c, & 4230d (under 16).

Cocaine

Fine up to $2,000 and/or prison up to 1 year.

2.5 grams or >: Fine up to $100,000 and/or prison up to 5 yrs.

1 oz or >: Fine up to $250,000 and/or prison up to 10 yrs.

Fine up to $75,000 and/or prison up to 3 yrs.

2.5 grams or >: Fine up to $250,000 and/or prison up to 10 yrs.

1 oz. or >: Fine up to $1,000,000 and/or prison up to 20 yrs.

Trafficking (150 grams or >): Fine up to $1,000,000 and/or prison up to 30 yrs.

60 grams of crack cocaine or >: Fine up to $1,000,000 and/or prison up to 30 yrs.

 

18 V. S. A. §4231

LSD

Fine up to $2,000 and/or prison up to 1 year.

100 mg. or >: Fine up to $25,000 and/or prison up to 5 yrs.

1 gram or >: Fine up to $100,000 and/or prison up to 10 yrs.

10 grams or >: Fine up to $500,000 and/or prison up to 20 yrs.

Dispensing: Fine up to $25,000 and/or prison up to 3 yrs.

Selling: Fine up to $25,000 and/or prison up to 5 yrs.

100 mg. or >:
Fine up to $100,000 and/or prison up to 10 yrs.

1 gram or >: Fine up to $500,00 and/or prison up to 20yrs.

18 V.S.A. §4232

Heroin

Fine up to $2,000 and/or prison up to 1 year

200 mg. >: Fine up to $100,000 and/or prison up to 5 yrs.

1 gram >: Fine up to $250,000 and/or prison up to 10 yrs.

2 grams >: Fine up to $1,000,000 and/or prison up to 20 yrs.

Fine up to $25,000 and/or prison up to 3 yrs.

200 mg. >: Fine up to $250,000 and/or prison up to 5 yrs.

1 gram >: Fine up to $1,000,000 and/or prison up to 20 yrs.

Trafficking (3.5 grams >): Fine up to $1,000,000 and/or prison up to 30 yrs.

18 V.S.A. §4233

Depressant, Stimulant, and Narcotic Drugs

Fine up to $2,000 and/or prison up to 1 yr.

100x benchmark unlawful dosage: Fine up to $25,000 and/or prison up to 5 yrs.

1,000 benchmark unlawful dosage: Fine up to $100,000 and/or prison up to 10 yrs.

10,000x benchmark unlawful dosage: Fine up to $500,000 and/or prison up to 20 yrs.

Dispensing: Fine up to $75,000 and/or prison up to 3 yrs.

Selling/Dispensing 100x benchmark unlawful dosage: Fine up to $100,000 and/or prison up to 10 yrs.

Selling/Dispensing 1,000x benchmark unlawful dosage: Fine up to $500,000 and/or prison up to 20 yrs.

18 V. S.A. §4234

Methamphetamine

Fine up to $2,000 and/or prison up to 1 yr.

2.5 grams: Fine up to $100,000 and/or prison up to 5 yrs.

25 grams: Fine up to $250,000 and/or prison up to 10 yrs.

Dispensing: Fine up to $75,000 and/or prison up to 3 yrs.

Selling/Dispensing 2.5 grams: Fine up to $250,000 and/or prison up to 10 yrs.

Selling/Dispensing 25 grams: Fine up to $1,000,000 and/or prison up to 20 yrs.

Trafficking (300 grams): Fine up to $1,000,000 and/or prison up to 30 yrs.

18 V. S. A. §4234a

Ephedrine and Pseudoephedrine

9 or less grams: Fine up to $2,000 and/or prison up to 1 yr.

9 or more grams: Fine up to $100,000 and/or prison up to 5 yrs.

Retail distribution limits/requirements: See subsections b and c.

18 V. S.A. §4234b

Hallucinogenic Drugs

Fine up to $2,000 and/or prison up to 1 yr.

10 or more doses: Fine up to $25,000 and/or prison up to 5 yrs.

100 or more doses: Fine up to $100,000 and/or prison up to 10 yrs.

1,000 or more doses: Fine up to $500,000 and/or prison up to 15 yrs.

Dispensing: Fine up to $25,000 and/or prison up to 3 yrs.

Selling/Dispensing 10 or more doses: Fine up to $10,000 and/or prison up to 10 yrs. 

Selling/Dispensing 100 or more doses: Fine up to $500,000 and/or prison up to 15 yrs.

18 V.S. A. §4235

Ecstasy

Fine up to $2,000 and/or prison up to 1 yr.

2 grams or more: Fine up to $100,000 and/or prison up to 10 yrs.

7 oz. or more: Fine up to $500,000 and/or prison up to 20 yrs.

Dispensing: Fine up to $25,000 and/or prison up to 3 yrs.

Selling/Dispensing 2 grams or more: Fine up to $100,000 and/or prison up to 10 yrs.

Selling/Dispensing 20 grams or more: Fine up to $500,000 and/or prison up to 20 yrs.

 

 

18 V.S.A.  §4235a

Unlawful Manufacture, Distribution, Dispensing or Sale of a Noncontrolled Drug or Substance

Fine up to $5,000 and/or prison up to 1 yr.

Dispensing or sale to person under 21: Fine up to $10,000 and/or prison up to 2 yrs.

 

18 V.S.A. § 4228

Manufacture or Cultivation of a Regulated Drug (other than cultivation of marijuana)

Fine up to $1,000,000 and/or prison up to 20 yrs.

 

18 V.S.A. § 4236

Selling or Dispensing to Minors; Selling on School Grounds

Dispensing to Minor (at least 3 yrs. that person’s junior): Prison up to 5 yrs.

Selling/Dispensing on School Grounds: Prison up to 10 yrs.

 

18 V.S.A. § 4237

Dispensing or Selling Regulated Drugs with Death Resulting

 

Prison term: 2-20 yrs.

 

18 V.S.A. § 4250

Penalties for Dispensing or Selling Regulated Drugs in a Dwelling

Fine up to $1,000 and/ or prison up to 2 yrs.

 

18 V.S.A. § 4252

Use of a Firearm While Selling or Dispensing a Drug

 

Fine up to $5,000 and/or prison up to 3 yrs. (in addition to penalty for underlying crime)

Trafficking (use of firearm during and in relation to): Fine up to $10,000 and/or prison up to 5 yrs. (in addition to penalty for underlying crime)

18 V.S.A. § 4253

Second and Subsequent Offenses for Violating 18 V.S.A. §§ 4228, 4230, 4231, 4232, 4233, 4234, 4235, 4236 or 4237

Prison term or fine up to twice that authorized by those sections, or both.

 

 

18 V.S.A. § 4238

Local Law (Town of Middlebury Ordinance)

A person who has in his or her possession an open container having any alcohol, malt beverages, spirits, or vinous beverages while on Town property without a permit specifically authorizing such possession or who violates a term or condition of an issued permit shall be subject to a fine not in excess of $1,000 for each violation. Waiver fine is $100.

Town Property shall mean any street, highway, sidewalk, park, building, or any other place owned by, or under the authority and control of the Town within the village area as defined on map #138 (part of a set numbered 138-143) titled Town of Middlebury Vermont, Addison County Regional Planning Commission, 1968, as recorded in the Middlebury Town Clerk's Office, which includes Chipman Hill Park; Means Woods, Battell Woods, Wright Park and East Middlebury Recreation Park.

Alcoholic Beverage Restrictions An Ordinance For Restricting Alcoholic Beverage Use on Town Property

C. California Law

Illegal Drugs

Penalties may vary depending on the circumstances/aggravating factors. Other penalties (not listed

below) may also apply (e.g., court diversion and probation). Please check the statutes directly for additional information). See also the full text of California’s Controlled Substances Act.

Offense

Fine/Prison 

California Health and Safety Code

Marijuana Possession

Prison up to 1 yr. or fine up to $500, or both, depending on the circumstances. If convicted as a felony, prison term can be 16 mos., or 2 or 3 yrs.

Other fines may be imposed depending on the amount possessed.

11357

Marijuana Cultivation

Prison for 16 mos., 2 or 3 years

11358

Possession of Marijuana for Sale

Prison for 16 mos., 2 or 3 years

11359

Transportation or Sale or Furnishing of Marijuana

Prison for 2, 3 or 4 yrs.

Transporting or giving away less than 28.5 grams: Up to $100 fine.

 

11360

Hiring/Employing/Using Minors to Transport, Sell or Furnish, or Selling or Furnishing Marijuana to Minors

Hiring a minor to transport or selling or furnishing to a minor or giving to a minor under 14: Prison for 3, 5, or 7 yrs.

Furnishing to a minor over 14: Prison for 3, 4 or 5 yrs.

11361

Illegal Possession of Controlled Substances

Prison up to 1 yr. If convicted as a felony, prison term can be 16 mos., or 2 or 3 yrs.

11350

Illegal Possession for Sale of Controlled Substances

Prison: 2, 3, or 4 yrs.

 

11351

Illegal Sale and Transportation of Controlled Substances

Prison: 3, 4 or 5 yrs.

State prison for 3, 6, or 9 yrs. if transported from one county to a noncontiguous county

11352

Illegal Manufacture of Controlled Substances

Prison: 3, 5, or 7 yrs. Maximum fine: $50,000

 

11379.6

Possession of Methamphetamine and Certain other Specified Substances

Prison: Up to 1 yr.; or Prison: 16 mos., or 2 or 3 yrs.

Involving minors: Prison for 3, 6, or 9 years.

11377

11380

Possession for Sale of Methamphetamine and Certain other Specified Substances for Sale

Prison: 16 mos. or 2 or 3 yrs.

11378

Sale, Transport, Furnishing of Methamphetamine and Certain other Specified Substances

Prison: 2, 3, or 4 yrs. Transportation from one county to another county: prison term of 3, 6, or 9 yrs.

11379

Illegal Possession with Intent to Manufacture PCP/Meth.

Prison: 2, 4 or 6 yrs.

11383

Alcohol

Possession, Sale, Falsification of Age (Minors)

Penalties may vary depending on the circumstances/aggravating factors. Other penalties (not listed

below) may also apply (e.g., court diversion and probation). Please check the statutes directly for additional information). See also the full text of California’s Business and Professions Code

Offense

Fines/Prison

Community Service/Education

Other penalties may apply, including those under the Penal and Vehicle Codes (e.g., license suspension)

Statute: California Business and Professions

Code

Sale/ Furnishing to Minor

Fine: $1,000

At least 24 hours

Yes

25658

Sale/ Furnishing to Minor with Injury or Death Resulting

Prison: 6mos.-1 yr. and/or fine of $1,000

 

Yes

25658

Purchase/ Consumption by Minor

Fine: $250 (and/or community service) Increased fines for subsequent offenses

24-32 hours; additional hours for subsequent offenses

Yes

25658

Attempted Purchase by Minor

Fine: $250 and/or community service; increased fines for subsequent offenses

24-32 hours; additional hours for subsequent offenses

Yes

25658.5

Possession by Minor in a Public Place

Fine: $250 or community service; increased fines for subsequent offenses

24-32 hours; additional hours for subsequent offenses

Yes

25662

False Identification

Fine: $250 and/or community service; increased fines for additionaloffenses

24-32 hours; additional hours for subsequent offenses.

Yes

25661

Driving Under the Influence of Alcohol or Drugs

California Vehicle Code Section 23152-23229.1

California Vehicle Code Section 23536-23552

California Vehicle Code Section 13350-13392

California Vehicle Code Section 23592-23597

It is unlawful for:

*any person who is under the influence of any alcoholic beverage to drive a vehicle

*any person who has 0.08 percent or more, by weight, of alcohol in their blood to drive a vehicle

*a person who has 0.04 percent or more, by weight, of alcohol in their blood to drive a commercial motor vehicle

*a person who is addicted to the use of any drug to drive a vehicle (except a person who is participating in an approved narcotic treatment program)

*a person who is under the influence of any drug to drive a vehicle

*a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

With respect to DUI offenses under California law, penalties may vary depending on the circumstances/aggravating factors. Penalties may include fines, imprisonment, license suspension, mandatory alcohol or drug education, driver’s license restrictions, vehicle impoundment, vehicle sale, installation of interlock devices, and enhanced mandatory minimum penalties for multiple offenses. The following is a summary of certain penalties for various offenses.

Offense

Fine/Prison

Education Program

License Suspension

Vehicle Impounded

First Offense

Fine: $390-$1,000 Prison: 96 hrs.-6 mos.

Required

6 mos.

Vehicle may be impounded for up to 6 mos.

Second Offense

Fine: $390-$1,000 Prison: 90 days-1 yr.

Required

2 yrs.

Vehicle will be impounded for 1- 30 days if second offense occurred within 5 years of first offense

Third Offense

Fine: $390-$1,000 Prison: 120 days-1 yr.

Required

3 yrs.

Vehicle may be impounded for 1- 90 days, if the offense occurred within 5 yrs. of 2 or more prior offenses; vehicle may be sold if violation occurred within 7 yrs. of 2 or more separate offenses

Fourth Offense or more

Fine: $390-$1,000 Prison: 180 days to 3 yrs.

Required

License revocation for 4 yrs.

Vehicle may be impounded for 1-90 days, if offense occurred within 5 yrs of 2 or more prior offenses; vehicle may be sold if violation occurred within 7 yrs. of 2 or more separate offenses.

Refusal to Submit to Alcohol Testing

 

 

 

1 yr. suspension, 2 yr. suspension if prior conviction within 10 yrs., 3 yr. suspension if three or more convictions within 10 yrs.

D. Nevada Law

Illegal Drugs

See Nevada’s Controlled Substances Act
https://www.leg.state.nv.us/nrs/NRS-453.html

Alcohol

Possession, Sale, Falsification of Age (Minors)
See Nevada Revised Statutes Sections 202.015-202.067, which is available at:

https://www.leg.state.nv.us/nrs/NRS-202.html

Driving Under the Influence of Alcohol or Drugs
The full text of these laws is available at:
http://www.leg.state.nv.us/NRS/NRS-484C.html

E. New Mexico Law

Controlled Substances
http://law.justia.com/codes/new-mexico/2015/chapter-30/article-31/

Sale of Alcohol
http://law.justia.com/codes/new-mexico/2015/chapter-60/

Driving Under the Influence of Alcohol or Drugs
http://law.justia.com/codes/new-mexico/2015/chapter-66/article-8/part-2/

See also New Mexico: Under Age DUI/DWI
http://dui.drivinglaws.org/resources/dui-and-dwi/dui-laws-state/new-mexico-underage-duidwi.htm

Information and Resources

The use of illicit drugs and the unlawful possession and use of alcohol is wrong and potentially harmful. Abuse of alcohol and drugs can have a dramatic impact on professional, academic, and family life. We therefore encourage staff, faculty, and students experiencing difficulty with drugs or alcohol to contact one of the many resources available on or off campus. It is important that all members of our community know where help is available for those who need it. Resources and information regarding health risks and resources are available below.

Health Risks Associated with Alcohol

According to the CDC:

“Drinking too much can harm your health. Excessive alcohol use led to approximately 88,000 deaths and 2.5 million years of potential life lost (YPLL) each year in the United States from 2006 – 2010, shortening the lives of those who died by an average of 30 years. Further, excessive drinking was responsible for 1 in 10 deaths among working-age adults aged 20-64 years. The economic costs of excessive alcohol consumption in 2010 were estimated at $249 billion, or $2.05 a drink.”

CDC Fact Sheets: Alcohol Use and Your Health
http://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm

The Standard Measure of Alcohol

In the United States, a standard drink is any drink that contains 0.6 ounces (14.0 grams or 1.2 tablespoons) of pure alcohol. Generally, this amount of pure alcohol is found in

  • 12-ounces of regular beer or wine cooler.
    • 8-ounces of malt liquor.
    • 5-ounces of wine.
  • 1.5-ounces of 80-proof distilled spirits or liquor (e.g., gin, rum, vodka,
     whiskey).

What is Excessive Drinking?

Excessive drinking includes binge drinking, heavy drinking, and any drinking by pregnant women or people younger than 21.

  • Binge drinking
    • For women, 4 or more drinks during a single occasion.
    • For men, 5 or more drinks during a single occasion.
    • Heavy drinking
    • For women, 8 or more drinks per week
    • For men, 15 or more drinks per week

According to the Dietary Guidelines for Americans, if you drink alcoholic beverages, do so in moderation, which is defined as no more than 1 drink per day for women and up to 2 drinks per day for men. However, there are some persons who should not drink any alcohol, including those who are:

  • Pregnant or may be pregnant.
  • Taking certain prescription or over-the-counter medications that can interact with alcohol.
  • Younger than age 21.
  • Recovering from alcoholism or are unable to control the amount they drink.
  • Suffering from certain medical conditions.
  • Driving, planning to drive, or participating in other activities requiring skill, coordination, and alertness.

By adhering to the Dietary Guidelines, people can reduce the risk of harm to themselves and others.

Short-Term Health Risks

Excessive alcohol use has immediate effects that increase the risk of many harmful health conditions. These are most often the result of binge drinking and include the following—

  • Injuries, such as motor vehicle crashes, falls, drownings, and burns.
  • Violence, including homicide, suicide, sexual assault, and intimate partner violence.
  • Alcohol poisoning, a medical emergency that results from high blood alcohol levels.
  • Risky sexual behaviors, including unprotected sex or sex with multiple partners. These behaviors can result in unintended pregnancy or sexually transmitted diseases, including HIV.
  • Miscarriage and stillbirth or fetal alcohol spectrum disorders (FASDs) among pregnant women.

Long-Term Health Risks

Over time, excessive alcohol use can lead to the development of chronic diseases, neurological impairments and social problems. These include but are not limited to—

  • High blood pressure, heart disease, stroke, liver disease, and digestive problems.
  • Cancer of the breast, mouth, throat, esophagus, liver, and colon.
  • Learning and memory problems, including dementia and poor school performance.
  • Mental health problems, including depression and anxiety.
  • Social problems, including lost productivity, family problems, and unemployment.
  • Alcohol dependence, or alcoholism.

Source:  CDC Fact Sheets: Alcohol Use and Your Health
http://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm

See also:

CDC: Alcohol and Public Health
http://www.cdc.gov/alcohol/index.htm

Rethinking Drinking
http://rethinkingdrinking.niaaa.nih.gov/

Blood Alcohol Concentration

Determining how, when, and how much alcohol to drink can be difficult for many individuals who are faced with social pressure, limited information about alcohol use, and often a lack of prior experience. It is important to know that there a point at which what are often considered some of the desirable effects of alcohol (e.g. a sense of euphoria, increased social confidence, lowered inhibitions) diminish and undesirable effects (e.g. nausea, loss of motor control, depressed feelings) increase. 

Understanding blood alcohol content (BAC) is helpful in determining where the plateau of desirable effects might be for individuals. BAC is estimated using a person's weight, sex, the number of standard drinks consumed (see the guide below for measuring standard drinks), and the time during which those drinks were consumed. BAC estimations do not account for an individual's metabolic rate or tolerance for alcohol. Remember that a standard drink for BAC calculation purposes may be different than what individuals may consider a typical amount of alcohol to consume. 

Standard Drinks. A Teaching Tool
http://www.standarddrinks.com/tool.asp

BAC Calculator

Health Risks Associated with Drugs:

According to the United States Drug Enforcement Agency:

“You hear about drugs on TV and in the movies, on the radio, in books and magazines, on the Internet, and in daily conversation with friends and peers. Some of the information is accurate, but a lot of it is not.

Here are a few realities to consider:

  • You can’t predict the effect that a drug can have on you—especially if it’s the first time you try it, and even if it’s a small amount or dose. Everyone's brain and body chemistry are different. Everyone's tolerance for drugs is different.
  • Using drugs can lead to abuse, addiction, serious health problems, and even death.
  • Drugs that are legal—prescription and over-the counter (OTC) medications—can be just as dangerous as illegal drugs.

DEA Drug Fact Sheets

Find out as much as you can about illegal and legal drugs and their effects on your body and brain. The more informed you are, the more confidently you can make the right decision about drugs. Read DEA’s Drug Fact Sheets for the latest information on:

Amphetamines

Heroin

Methadone

Barbiturates

Oxycodone

Methamphetamine

Bath Salts

Hydromorphone

Morphine

Benzodiazepines

Inhalants

Kratom

Cocaine

Ketamine

Opium

 

Barbiturates

Khat

PCP

Ecstasy

K2 or Spice

Peyote &
Mescaline

GHB

LSD

Steroids (anabolic)

Hallucinogens

Marijuana

Stimulants

See also: Drugs of Abuse
https://www.dea.gov/pr/multimedia-library/publications/drug_of_abuse.pdf

National Institute on Drug Abuse: The Science of Drug Abuse and Addiction
http://www.drugabuse.gov/

Resources
For more information about drugs and alcohol please visit Middlebury’s Health and Wellness Education site on Drugs and  Alcohol, including alcohol safety strategies, caffeinated alcoholic drinks, and the warning signs of alcohol poisoning

National resources and references on drugs and alcohol include:

National Institute on Alcohol Abuse and Alcoholism

College Drinking - Changing the Culture

National Institute on Drug Abuse

Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention

The Partnership at Drugfree.org

Substance Abuse and Mental Health Services Administration

Centers for Disease Control and Prevention

Commonly Abused Drugs

Drug Enforcement Administration 

Care and Treatment

What can I do if I or someone I know has a drinking or drug abuse problem?

Consult your personal health care provider if you feel you or someone you know has a drinking problem. Other resources include the National Drug and Alcohol Treatment Referral Routing Service available at 1-800-662-HELP. This service can provide you with information about treatment programs in your local community and allow you to speak with someone about alcohol problems.

Middlebury’s Vermont-Based Programs

Parton Center for Health and Wellness - Centeno House (Students)

      Health Service: 802.443.5135

      Counseling: 802.443.5141

      Brief Alcohol Screening for College Students (BASICS): 802.443-5141

Employee and Family Assistance Program: (1.800.828.6025) (faculty and staff)

Alcoholics Anonymous/Local AA Meetings

Vermont Drug Treatment

Vermont Department of Health

Friends of Recovery-Vermont

Middlebury Institute of International Studies at Monterey

Well Connect  (MIIS Students)
Resources include connection with local service to help treat substance abuse.
866-640-4777; https://wellconnect.cuthrive.com/

LifeScope (MIIS Faculty and Staff)
1.800.828.6025; www.LifeScopeEAP.com

Monterey Bay Area Intergroup of Alcoholics Anonymous 831-373-3713

Monterey County Area Narcotics Anonymous 831-624-2055

Community Hospital of the Monterey Peninsula (CHOMP)
Recovery Center
http://www.chomp.org/what-we-do/recovery-center/#.V1sBg-TDGqw
831-624-5311 x3269

Community Hospital of the Monterey Peninsula Substance Abuse Services
831-373-0924

Beacon House
Drug and Alcohol Abuse Treatment Center
1-866-333-5146 

Alcoholics Anonymous/Local AA Meetings  www.aamonterey.org

Middlebury at Mills College

Alcoholics Anonymous/Local AA Meetings
East Bay Intergroup, Inc.
510.839.8900
http://eastbayaa.org/

Substance Abuse Resources
California Substance Abuse
http://www.rehabandtreatment.com/california-substance-abuse/?st-t=bing-california-substance-abuse&vt-k=CA%20%2Bsubstance%20%2Babuse&vt-d=c
855.705.9380

MiddCORE at Sierra Nevada College
National Drug and Alcohol Treatment Referral Routing Service: 1.800.662.HELP

Bread Loaf School of English (Santa Fe, NM)
Alcoholics Anonymous
Central Office of Santa Fe Intergroup
505.982.8932
www.santafeaa.org

A Better Today Recovery Services
844.278.1866
https://abtrs.com/santa-fe-nm?gclid=CJK9icfCyM0CFYlehgodg0kCxg

 

 

 


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