Annual Drug-Free Schools and Communities Act Notice

Updated on April 2023

To Members of the

Middlebury Institute of International Studies Community

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

  • The Middlebury Institute’s standards of conduct, which prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on Middlebury property or in connection with any activities or programs sponsored by Middlebury.
  • A description of the Middlebury Institute’s disciplinary sanctions that will be imposed on students and employees for the unlawful possession, use, or distribution of illicit 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 illicit drugs and alcohol.
  • A description of the health risks associated with the use of illicit 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.

The Middlebury Institute’s Alcohol and Drug Policies

The Middlebury Institute’s Alcohol and Other Drugs Policy, applies to students and employees, and contains the required information regarding Middlebury’s standards of conduct and disciplinary sanctions regarding the unlawful possession, use, or distribution of illicit drugs and alcohol. The list of sanctions in the policy applicable to students is in the section titled Disciplinary Sanctions for Students. Sanction information for employees is in Disciplinary Sanctions for Faculty and Staff, and discipline will be handled in accordance with the Middlebury Institute’s existing disciplinary procedures applicable to faculty and staff.

Printed copies of the Middlebury Institute’s Alcohol and Other Drugs Policy are available from:

Ashley Fera Arrocha

Associate Dean of Student Services and Alternate Human Relations Officer

Middlebury Institute of International Studies

440 Van Buren Street

Monterey, CA 93940

Phone: 831-647-4654

Email: aarrocha@miis.edu

Michael Ulibarri

Human Resources Manager and Alternate Human Relations Officer

Middlebury Institute of International Studies

460 Pierce Street

Monterey, CA 93940

Phone: 831-647-6404

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 may have a legal right to search individuals, and with consent or proper documentation may search property—including Middlebury residence hall rooms—without prior notice. Middlebury also reserves the right to furnish the police with information regarding alleged illegal activities.

Federal and California state 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.

Federal Law

Penalties for Simple Possession

View the full text: 21 U.S.C. § 844

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

Second Offense: Prison sentence between 15 days and 2 yrs. and a minimum fine of $2,500

Additional Offenses: Prison sentence between 90 days and 3 yrs. and a minimum fine of $5,000

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

Ephedrine base,

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

Criminal Forfeitures

View the full text: 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

View the full text: 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

View the full text: 21 U.S.C. § 841

Schedule Substance/Quantity
II Cocaine

500-4999 grams mixture
II Cocaine Base

28-279 grams mixture
II Fentanyl

40-399 grams mixture
I Fentanyl Analogue

10-99 grams mixture
I Heroin

100-999 grams mixture
I LSD

1-9 grams mixture
II Methamphetamine

5-49 grams pure or

50-499 grams mixture
II PCP

10-99 grams pure or

100-999 grams mixture

Penalty

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.

 

Schedule Substance/Quantity
II Cocaine

5 kilograms or more mixture
II Cocaine Base

280 grams or more mixture
II Fentanyl

400 grams or more mixture
I Fentanyl Analogue

100 grams or more mixture
I Heroin

1 kilogram or more mixture
I LSD

10 grams or more mixture
II Methamphetamine

50 grams or more pure

or 500 grams or more mixture
II PCP

100 grams or more pure

or 1 kilogram or more mixture

Penalty

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.

Substance/Quantity Penalty

Any amount of other schedule I & II Substances

Any Drug Product Containing Gamma Hydroxybutyric Acid

Flunitrazepam (Schedule IV) 1 Gram or less

 

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 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

View the penalties for drug-related offenses, 21 U.S.C. Sec. 841 (full text).

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, $50 million if other than an individual.

Marijuana

50 to 99 kilograms marijuana mixture

50 to 99 marijuana plants

Hashish

More than 10 kilograms

Hashish Oil

More than 1 kilogram

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.

Marijuana

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

1 to 49 marijuana plants

Hashish

More than 10 kilograms

Hashish Oil

More than 1 kilogram

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.

Distribution or Manufacturing in or Near Schools and Colleges

See the full text: 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.

California Law

CA 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.

Under a new California Law adults age 21 and over may use marijuana in small amounts (see table below). It is illegal for individuals under 21 to use or possess marijuana. Please note that it is still a violation of federal law for all individuals, regardless age, to possess marijuana and it is also a violation of the Middlebury’s Institute’s drug policy. A conviction for a drug offense under federal law may result in the loss of federal financial aid.

Offense

Fine/Drug Education/Prison

California Health & Safety Code

Marijuana Possession Under Age 21

Note: Possession of up to 28.5 grams of cannabis is legal under state law for individuals 21 or older)

Drug education, counseling, community service, fines or prison depending on the amount possessed, the age of the guilty persons, and the number of offenses.

11357 (See Section 11357.5 for information regarding selling, dispensing, furnishing, administering or giving synthetic cannabinoid compound or synthetic cannabinoid compound derivative).

Marijuana Cultivation By Persons Under Age 21 (growing up to 6 marijuana plants within a private home is legal under state law for individuals 21 or older)

Drug education, counseling, community service, fines or prison depending on the amount, the age of the person, and/or the number of offenses.

11358

Possession of Marijuana for Sale

Drug education, counseling, community service, fines or prison may be imposed depending on the age of the person, and/or the number of offenses or other circumstances.

11359

Transportation or Sale or Furnishing of Marijuana

Drug education, counseling, community service, fines or prison may be imposed depending on the age of the person, and/or the number of offenses or other circumstances.

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

CA Law - 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, Division 9. Alcoholic Beverages

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

25661

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 additional offenses

24-32 hours; additional hours for subsequent offenses.

Yes

25661

 

Driving Under the Influence of Alcohol or Drugs

It is unlawful for a person who:

  • Is under the influence of any alcoholic beverage to drive a vehicle
  • Has 0.08 percent or more, by weight, of alcohol in their blood to drive a vehicle
  • Has 0.04 percent or more, by weight, of alcohol in their blood to drive a commercial motor vehicle
  • Is addicted to the use of any drug to drive a vehicle (except a person who is participating in an approved narcotic treatment program)
  • Is under the influence of any drug to drive a vehicle
  • 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.

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 Centers for Disease Control and Prevention (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

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.

People 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

See also:

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.

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 the DEA’s Drug Fact Sheets and the DEA’s Drugs of Abuse publication 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 National Institute on Drug Abuse: The Science of Drug Abuse and Addiction

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:

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.

Resources: Middlebury Institute of International Studies at Monterey

Resources: Other