Student Handbook :: Northwest College

Policies and Procedures

Alcohol and Drug Laws and Penalties

State and Local Laws

The Drug-Free School and Communities Act Amendments of 1989 (Public Law 101-226) require that Northwest College inform its students and employees of the legal sanctions of illicit drugs and alcohol.

Alcohol Offenses

LOCAL (Citations to Code of the City of Powell)

Offense	Alcoholic beverage—Open container in public areas unlawful, Ord 9 08 080
Maximum Penalty	$750.00 fine

Offense	Alcoholic beverage—Open container in restaurant, Ord 9 08 090
Maximum Penalty	$750.00 fine

Offense	Drunkenness, Ord 9 12 020
Maximum Penalty	$750.00 fine

Offense	Minors prohibited from being under the influence or possessing alcoholic beverages, Ord 9 20 010
Maximum Penalty	$750.00 fine

Offense	Age restrictions on dispensing rooms—exception, Ord 5 08 270
Maximum Penalty	$750.00 fine

STATE (Citations to Wyoming Statutes 1977 as amended)


Offense	Skiing while impaired, W.S. 6-9-301
Maximum Penalty	$200.00 fine and/or 20 days in jail

Offense	Delivery or sale of alcohol to minors, W.S. 12-6-101
Maximum Penalty	$750.00 fine and/or 6 months in jail

Offense	Transportation or possession of alcohol with intent to deliver to minors in motor vehicles, W.S. 12-6 101
Maximum Penalty	1st Offense-$1,000.00 fine and/ or one year in jail; license suspension 2nd offense-up to 5 years in prison

Offense	Purchase of alcohol using false ID, W.W. 12-6-10(c)
Maximum Penalty	$750.00 fine and/or 6 months in jail

Offense	Minor in dispensing room, W.S. 12-5-203(a)
Maximum Penalty	$750.00 fine and/or 6 months in jail

Offense	Minor in possession of alcohol, W.S. 12-6-101(b)
Maximum Penalty	$750.00 fine and/or 6 months in jail; suspension of driver’s license

Offense	Driving under the influence, W.S. 31-5-233
Maximum Penalty	1st Offense-license suspension; up to $750.00 fine and/or 6 months imprisonment 2nd Offense-mandatory $200.00 fine

Illicit Drugs

STATE

Offense	Use or being under influence of controlled substances, W.S. 35-7-1039
Maximum Penalty	90 days in jail and/or $100.00 fine (double for second offender)

Offense	Driving under influence
Maximum Penalty	Same as drunk driving

Offense	Cultivation of marijuana, peyote or opium, W.S. 35-7-1040
Maximum Penalty	6 months in jail and/or $1,000.00 fine (double for second offender)

Offense	Possession of controlled substance, W.S. 35-7-1031(c)
Maximum Penalty	6 months in jail and/or $750.00 fine, (third offense carries $5,000.00 fine and/or 5 years in prison; offense by minor leads to driver’s license suspension)

Offense	Distribution, offer of sale, etc., of counterfeit controlled substance, W.S. 35-7-1041
Maximum Penalty	$1,000.00 fine and/or one year in jail

Offense	Distribution of controlled substance, W.S. 35-7-1031
Maximum Penalty	$1,000.00 fine and/or one year in jail for substance in Schedule V; $2,500.00 fine and/or 2 years in prison for substance in Schedule IV; $10,000.00 fine and/or 10 years in prison for non-narcotic in Schedules I, II or III; $25,000.00 fine and/or 20 years in prison for Schedule I or II narcotics; double penalty for second offenders

Offense	Distribution by person over 18 years of age to person under 18 years of age and three years younger, W.S. 35-76-1036
Maximum Penalty	Double above penalties

Federal Possession Penalties

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.

1st conviction and the amount of crack possessed exceeds 5 grams
2nd crack conviction and the amount of crack possessed exceeds 3 grams
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 special sentencing provisions re: crack)

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 (pending adoption of final regulations)

21 U.S.C. 853a

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 receive or purchase a firearm

Miscellaneous

Revocation of certain Federal Licenses and benefits, e g pilot license, public housing tenancy, etc are vested with the authorities of individual Federal agencies

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

Federal Trafficking Penalties

QUANTITY	DRUG	1ST OFFENSE	2nd OFFENSE

10-99 gm or 100-999 gm mixture	METHAMPHETAMINE	Not less than 5 years. Not more than 40 years. If death or serious injury, not less than 20 years. Not more than life. Fine of not more than $2 million individual. $5 million other individual.	Not less than 10 years. Not more than life. If death or searious injury, not less than life. Fine of more than $4 million individual, $10 million other than individual.
100-999 gm mixture	HEROIN
500-4,999 gm mixture	COCAINE
5-49 gm mixture	COCAINE BASE
10-99 gm or 100-999 gm mixture	PCP
1-10 gm mixture	LSD
40-399 gm mixture	FENTANYL
10-99 gm mixture	FENTANYL ANALOGUE

100 gm or more or 1 kg or more mixture	METHAMPHETAMINE	Not less than 10 years. Not more than life. If death or serious injury, not less than 20 years. Not more than life. Fine of not more than $4 million individual, $10 million other than individual.	Not less than 20 years. Not more than life. If death or searious injury, not less than life. Fine of more than $8 million individual, $20 million other than individual.
1 kg or more mixture	HEROIN
5 kg or more mixture	COCAINE
50 gm or more mixture	COCAINE BASE
100 gm or more 1 kg or more mixture	PCP
10 gm or more mixture	LSD
400 gm or more mixture	FENTANYL
100 gm or more mixture	FENTANYL ANALOGUE

Federal Trafficking Penalties—Marijuana

QUANTITY	DRUG	1ST OFFENSE	2nd OFFENSE

1,000 kg or more; or 1,000 or more plants	MARIJUANA Mixture containing detectable quantity	Not less than 10 years, not more than life. If death or serious injury, not less than 20 years, not more than life. Fine not more than $4 million individual, $10 million other than individual.	Not less than 20 years, not more than life. If death or serious injury, not less than life. Fine not more than $9 million individual, $20 million other than individual.

100 to 1,000 kg; or 100-999 plants	MARIJUANA Mixture containing detectable quantity	Not less than 5 years, not more than 40 years. If death or serious injury, not less than 20 years, not more than life. Fine not more than $2 million individual, $5 million other than individual.	Not less than 10 years, not more than life. If death or serious injury, not less than life. Fine not more than $4 million individual, $10 million other than individual.
50 to 100 kg; or 50-99 plants	MARIJUANA

10 to 100 kg	HASHISH	Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1 million individual, $5 million other than individual.	Not more than 30 years. If death or serious injury, life. Fine $2 million individual, $10 million other than individual.
1 to 100 kg	HASHISH OIL
Less than 50 kg	MARIJUANA

Less than 10 kg	HASHISH	Not more than 5 years. Fine not more than $250,000 individual, $1 million other than individual.	Not more than 10 years. Fine $500,000 individual, $2 million other than individual.
Less than 1 kg	HASHISH OIL

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