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2018 AND ABUSE PREVENTION PROGRAM (DAAPP)

CONTENT PAGE

Introduction 2 Statement of Prohibited Behavior and Sanctions 3 Standards of Conduct 4 Alcohol Policy for Students 4 Illegal for Students 6 Alcohol and Illegal Drug Policy for Employees 8 Potential Legal Sanctions 9 Alcoholic Beverage 9 Maryland Controlled Dangerous Substances 11 Federal Penalties and Sanctions for Illegal Possession Of A Controlled Substance 13 Health Risks 17 Alcohol and Drug Intervention Programs 19 Students 19 Employees 20

INTRODUCTION

DRUG AND PREVENTION PROGRAM (DAAPP)

The Drug-Free Schools and Communities Act of 1989 requires every higher education institution that receives any form of Federal funding to implement a Drug and Alcohol Abuse Prevention Program (DAAPP). The purpose of this program is to prevent the unlawful possession, use, or distribution of alcohol and by students and employees on College property or as part of the College’s activities.

St. Mary’s College of Maryland is concerned about the well-being of its community members and has embraced the expectations of the Drug-Free School and Communities Act. Below is the most recent version of the College’s Drug and Alcohol Abuse Prevention Program, which is distributed annually to all students and all employees.

Questions about this document should be directed to Christopher Coons [email protected], Assistant Director of Public Safety or Tressa Setlak [email protected], Director of Public Safety

Every other year, St. Mary’s College of Maryland will conduct a biennial review of the DAAPP to determine its effectiveness and implement changes to the program if they are needed. The review will also ensure that any disciplinary sanctions are consistently enforced.

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STATEMENT OF PROHIBITED BEHAVIOR

It is the policy of St. Mary’s College of Maryland to maintain a drug and alcohol free workplace. Illegal possession, use, manufacture, or distribution of drugs or by employees (while engaged in employment activities or activities related to a federal grant, regardless of the location of these activities) constitutes unacceptable conduct by such employees and makes such employees subject to disciplinary procedures of the College ranging from a counseling through termination of employment, according to procedures set out in the employee handbook.

Student violations of the campus alcohol or illegal drug policies will result in sanctions appropriate to the degree of the violation. Sanctions may increase in severity for repeated violations. Sanctions will include, but are not limited to, fines, education, referrals for counseling, community service, probations, residence hall separation, or suspension or expulsion from the College

The purpose of this summary is to provide students and employees of St. Mary’s College of Maryland with general information on applicable laws and policies. Although every effort has been made to provide accurate information at the time of printing, this information can at any time be superseded by changes in the law. Each student and employee has the ultimate responsibility to stay informed concerning changes in the law. Those with specific legal questions are encouraged to seek the services of an attorney. The College supports the laws of the State of Maryland.

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STANDARDS OF CONDUCT endanger the safety of him/herself, another person, and/or property. III. The sponsors of student events (dances, ALCOHOL POLICY FOR concerts, etc.) are responsible for keeping STUDENTS the event alcohol-free.

Maryland law states that: (1) It is unlawful for any IV. Individuals or groups sponsoring formal or (a person under age 21) to possess or informal events off-campus are responsible consume alcoholic beverages; (2) It is unlawful for for upholding the Maryland alcohol law. any minor to misrepresent or lie about his/her age in order to obtain alcoholic beverages; (3) It is V. Resident students of may unlawful for any person to obtain alcoholic possess and consume alcoholic beverages in beverages on behalf of a minor; (4) It is unlawful the privacy of their rooms or townhouses. for any person to consume alcoholic beverages in an All alcohol must be kept within the open outside area unless authorized to do so by possession of a student of legal drinking age proper officials; (5) A person may not be (“of-age”). Students who are 21 years of intoxicated and endanger the safety of another age or older may not offer or provide person or property or be intoxicated and cause a alcohol to those who are underage, including public disturbance. roommates. It is assumed that alcohol possessed by of-age students is for their It is the responsibility of all faculty, staff, and personal use and for limited distribution to students at St. Mary’s College to uphold the others who are of age to consume alcohol. conditions of this state law. The unlawful use, Students who are of age and who choose to possession, or distribution of alcohol on College drink alcohol are strongly encouraged to property or as any part of College activities is drink responsibly and in moderation. Kegs prohibited and will result in disciplinary action, up and other similar multi-liter containers are to and including expulsion. Please refer to the prohibited. College’s medical amnesty and good Samaritan policy where certain violations may be granted VI. No alcoholic beverages will be allowed at amnesty. The College also promotes an active, any event on campus unless: (1) The event is healthy, social life on campus and accommodates sponsored by the College for seniors, groups that request College facilities for events alumni, faculty-staff receptions, or any where alcohol is appropriate. outside group; and (2) The event is held in a controlled space, such as the Alumni Lodge. The Office of Public Safety and the Dean of Requests to sponsor such events must be Students’ staff is responsible for interpreting and made through the Events Office and must be enforcing the following campus alcohol policy: approved by the Dean of Students. College budget accounts (including SGA funds) are I. No individual (absent an authorized by definition State dollars and may not be exception under section VI herein), used to purchase alcohol or provide adult regardless of age, may consume alcoholic beverage service in any circumstance. beverages in public areas on the campus, such as the lounges, hallways of the VII. Acting as a social host: A social host is any residence halls, patios of townhouses, individual who provides a location for athletic fields, and other facilities and and/or facilitates opportunities for others to grounds. violate the College Alcohol Policy or other gathering-related policies. More specifically, II. No individual, regardless of age, may be a social host is an individual who provides intoxicated and cause a disturbance and/or or shares alcohol with an underage guest in 2018 DAAPP ~ St Mary's College of Maryland ~ Page 4 of 20

his/her residence or who hosts one or more MEDICAL AMNESTY AND GOOD guests in his/her residence who violate the SAMARITAN P0LICY College Alcohol Policy or other gathering- related policies (e.g., quiet hours, fire code, The purpose of this policy is to increase the damage, failure to comply). Additional likelihood that medical attention is provided to consequences are in place for those who students who need it due to or make the choice to host events in their use of drugs by removing impediments to seeking residence where a violation of College such assistance. This policy is intended for use in policy takes place. Hosts who provide a isolated situations; therefore, it does not excuse or location for others to engage in policy protect those who flagrantly or repeatedly violate violations assume a greater level of College policy. responsibility for these incidents. If a student is found responsible for acting as a Good Samaritan Policy: The spirit of the Good social host as described above, the minimum Samaritan is that we all have an ethical for the violation begins at $100 for a responsibility to help people in need. St. Mary’s first offense and increases up to $250 for College expects that students will take an active role subsequent violations (see Minimum in protecting the safety and well-being of their peers Expected Sanctions for more information). and the College community. In order to promote Fines will be assessed per social host, and this, when a student assists an individual who is will not be divided among the intoxicated or under the influence of drugs in room/apartment/townhouse residents. procuring medical assistance, that student may be granted amnesty from formal disciplinary action by Legal sanctions under state law: It is illegal in the the College for violating the alcohol or drug state of Maryland for any person under 21 to falsify policies. The student may be required to attend an or misrepresent his or her age to obtain alcohol, or educational conference with the Dean of Students or to possess alcoholic beverages with the intent to designee to discuss the incident and his/her role in consume them. It is also illegal in most situations to it, and may be required to complete follow-up if furnish alcohol to a person under 21, or to obtain deemed necessary. alcohol on behalf of a person under 21. The penalty is a fine of up to $500 for a first offense, and up to Medical Amnesty Policy: When a student is $1000 for repeat offenses. intoxicated or under the influence of drugs and seeks medical assistance, s/he may be granted Students who are concerned about their use of amnesty from formal disciplinary action by the alcohol or other drugs may speak with a counselor College for violating the alcohol or drug policies. in Counseling Services for an assessment. Upon receiving a report that a student needs Counseling Services are confidential and the staff medical assistance, College staff will respond therapist will recommend options for risk reduction, through the Office of Public Safety to obtain EMS treatment and recovery. services, and responding officials will use standard procedures for documenting information and Excessive alcohol use can increase the likelihood of collecting identification of all persons both short-term and long-term health risks. Binge involved. Conduct charges will be deferred, and drinking increases the risk of injury, violence, will be dismissed upon successful completion of an alcohol poisoning, and risky sexual behavior. Long- approved alcohol and/or drug intervention program, term excessive alcohol use can lead to chronic leaving the student with no disciplinary record. health problems such as high blood pressure, heart Failure to successfully complete an approved disease, stroke, liver disease, and digestive alcohol and/or intervention program will result in problems. Students can find more information about the processing of alcohol use or possession charges the health risks of alcohol use at and, if proven, may result in more severe sanctions. http://www.cdc.gov/alcohol/fact-sheets/alcohol- use.htm. Representatives of a student organization who summon medical emergency assistance will be 2018 DAAPP ~ St Mary's College of Maryland ~ Page 5 of 20

relieved from alcohol use or possession charges ILLEGAL DRUG POLICY FOR under this protocol for their personal actions. Organization charges and consideration of conduct STUDENTS sanctions, if necessary, may be mitigated by the actions taken by representatives. Students are expected to conform to the Federal and Maryland state law regarding possession of drugs Criteria for granting amnesty may include but is not and paraphernalia and the Student Code of Conduct limited to: the severity of the incident, the student’s which outlines expected standards for behavior, disposition regarding the incident, whether the rights and responsibilities, student conduct policies, student has been granted amnesty in the past, and procedures for conduct violations, and sanctions. the student’s previous conduct record. Amnesty will Please refer to the College’s Medical Amnesty and not be granted for incidents which occur off-campus Good Samaritan policy where certain violations and will not extend to other conduct violations may be granted amnesty. associated with the incident, including but not limited to distribution of drugs, hazing, vandalism, Specific to illicit drugs, Article II, Section J states or sexual assault. Amnesty can only extend to that the following misconduct is subject to College conduct processes and does not protect disciplinary actions, up to and including expulsion students from criminal or civil penalties. and referral for prosecution, as provided for in this Code: Following receipt of an incident report by the Dean “J1. Use, possession, or distribution of narcotics of Students office, the student will attend an or other controlled dangerous substances, and educational conference with the Dean of Students or related paraphernalia on College premises, except designee, which will serve to review the incident, as expressly permitted by law and College the role of alcohol or drugs, and College policies. regulations.” The following are examples of educational interventions that may be required for individuals At the time of acceptance to the College, all new who receive amnesty under this policy: students are required to sign and return a statement acknowledging receipt of the College’s policies and a. The student may be required to obtain an regulations concerning . alcohol or drug assessment from Counseling Services or from an off-campus certified Any student convicted of violating a criminal drug counselor (e .g. Walden Sierra). statute must notify the Director of Financial Aid if If required to obtain an assessment, the that student is receiving any form of federal student will provide a copy of the financial aid (for example, Pell Grants). Conviction assessment report to the Dean of Students or on any drug-related charge is grounds for forfeiture designee. If the assessment indicates that of federal financial aid. Students who violate the further treatment is warranted, the program standards of conduct shall be subject to written or of treatment must be completed. The cost of verbal warning, restitution, restriction, forced the assessment (if any) and treatment is the relocation, work sanctions, counseling, disciplinary responsibility of the student. probation, disciplinary suspension, and/or dismissal from the College as stated in the Student Code of b. The student may be required to attend the Rights and Responsibilities which is distributed Peer2Peer Class taught annually to all students. The College will take by the Peer Health Educators. disciplinary action based on reasonable available information unless the student voluntarily seeks c. Parental Notification Policy: The College assistance. Such action will be independent of any notifies the parents/guardians of students civil or criminal process precipitated by the same whose consumption of alcohol or drugs incident. results in the student being sent to the hospital. Legal sanctions under Maryland state law for possession of a controlled dangerous substance include: 2018 DAAPP ~ St Mary's College of Maryland ~ Page 6 of 20

1st offense 2nd offense 3rd or Legal sanctions under federal law for possession of subsequent a controlled substance include: offense Marijuana Fine not more Fine not Fine not more • First conviction: Up to one year (less than than $100* more than than $500* and fine of at least $1000, or 10 grams) $250* both. Marijuana Imprisonment (10 grams not exceeding • After one prior drug conviction: At least 15 or 1 year, or fine days in prison, not to exceed two years, and more)** not exceeding fined at least $2500, or both. $1000, or both • After two or more prior drug convictions: At least 90 days in prison, not to exceed three Any Imprisonment years, and fine of at least $5000, or both. controlled not exceeding dangerous 4 years, or a A summary of federal trafficking (distribution) substance fine not penalties for substances covered by the Controlled other than exceeding Substances Act can be found on the Drug marijuana $25,000, or Enforcement Administration website at both https://www.dea.gov/druginfo/ftp3.shtml. *in addition to a fine, drug education program, assessment for substance abuse disorder, and Students who are concerned about their use of referral for substance abuse treatment may be alcohol or other drugs may speak with a counselor ordered by the court if offender is under 21 years of in Counseling Services for an assessment. age. Counseling Services are confidential and the staff therapist will recommend options for risk reduction, **also includes possession of paraphernalia. treatment, and recovery. Students can find information on the health risks of illicit drugs at Legal sanctions under Maryland state law for http://www.drugabuse.gov/publications/finder/t/160 distribution of controlled dangerous substances /DrugFacts. include: 3rd or st nd In accordance with the and 1 offense 2 offense subsequent Education and Community Action Act of 2017, all offense incoming students will be required to participate in Marijuana Fine not Fine not Fine not more heroin and opioid and awareness training. (less than more than more than than $100* 10 grams) $250* $500* In addition, the College will obtain and store a Imprisonment supply of overdose reversing medication to be used Marijuana not exceeding 1 in an emergency situation. Public Safety and (10 grams year, or fine not Wellness Center personnel, as well as designated or more)** exceeding administrators, will be trained to recognize the $1000, or both symptoms of an opioid overdose, in procedures for Any Imprisonment administration of overdose reversing medications, controlled not exceeding 4 and in the proper follow-up emergency procedures dangerous years, or a fine related to an opioid overdose. Per state law, except substance not exceeding for any willful or grossly negligent act, campus other than $25,000, or police, or other designated personnel who have been marijuana both trained in use of overdose medications and who *for a list of controlled dangerous substances and respond in good faith to the overdose emergency of their corresponding schedule, see MD. Criminal a student, may not be personally liable for any act Law Code Ann. §§5-401-406. 2018 DAAPP ~ St Mary's College of Maryland ~ Page 7 of 20

or omission in the course of responding to the this policy. The Office of Human Resources can emergency. provide appropriate referrals for assistance. Please refer to pages 35, 36, and 37 of the Employee The College will develop and implement a method Handbook Appendix for memorandums detailing for notifying parents/guardians of students of this the circumstances under which drug testing may be policy at the beginning of each academic year. conducted.

ALCOHOL AND ILLEGAL DRUG MEMORANDUM OF UNDERSTANDING BETWEEN COLLEGE AND EMPLOYEE POLICY FOR EMPLOYEES UNION

EMPLOYEE HANDBOOK Section 26.04: Drug and Alcohol Use and Possession: The College is committed to The College is committed to the development and maintaining a workplace free from the illegal use, maintenance of a drug-free environment and, in possession, or distribution of alcohol and controlled accordance with the Drug-Free Workplace Act of substances. Employees will comply with the 1988, will not tolerate the unlawful possession or Governor's Executive Order on Substance Abuse. use of controlled substances on its premises. The Unlawful manufacture, distribution, dispensation, unlawful manufacture, distribution, dispensation, possession, or use of controlled substances or possession, or use of a controlled substance is alcohol by employees in the workplace is prohibited prohibited in and on property owned or controlled under College policy. by the College. The use of alcohol on College premises, except as Section 26.05: Controlled dangerous substances or specifically authorized by College administration, is alcohol: Reporting to work under the influence of also prohibited. This includes, but is not controlled dangerous substances or alcohol is limited to, driving vehicles while under the prohibited. influence of alcohol or any other consumption of alcohol on College property. Compliance with the provisions of this policy shall DISCIPLINARY ACTIONS AND SANCTIONS be a condition of employment. Disciplinary action up to and including termination of employment Possible disciplinary actions for violation of the and/or satisfactory participation in a drug/alcohol Alcohol and Drug Policy of the College and State of rehabilitation program may be required of any Maryland range from counseling to termination of employee who is found to be in violation of this employment. policy. In compliance with the Drug-Free Workplace Act Sanctions can include but are not limited to, loss of of 1988, an employee must notify the Director of driving privileges for state vehicles. Depending on Human Resources within five calendar days of a the severity and/or number of occurrences, conviction of any criminal drug statute violation violations can lead to a change in the employees’ that has occurred in or on the workplace premises. background, which becomes important depending Additionally, in compliance with the College's on their position. For example, use of a state credit drug-testing policy, all College employees may be card may be revoked, access to petty cash may be subject to drug testing for reasonable cause. Further, revoked, and the ability to obligate the College may applicants hired into "sensitive" positions will be be revoked. Loss of access to these tools may be subject to drug testing. The College's drug-testing central to job performance and therefore could lead policy is available for review in the Office of to disqualification from the position. If the College Human Resources. The College's efforts to establish does not have or chooses not to transfer the and maintain a drug-free workplace include employee to an open position for which the dissemination of drug awareness information, as employee is qualified, the employee may be well as implementation and strict enforcement of terminated.

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Additionally, HR may require a fit for duty consult furnish any alcoholic beverages at any time to a for medical or psychological issues including drug person under 21 years of age. Article 2B §12-108. or alcohol abuse when the abuse is affecting the Note: A licensee may accept as proof of age the employee's work performance. person’s State driver’s license or ID card, or a U.S. Military identification card.

MISREPRESENTATION OF AGE POTENTIAL LEGAL SANCTIONS An individual may not knowingly and willfully make a misrepresentation or false statement as to the age of that individual or another to any person MARYLAND ALCOHOLIC licensed to sell alcoholic beverages or engaged in BEVERAGE LAWS the sale of alcoholic beverages, for the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic beverage to an POSSESSION, STORAGE, individual. Criminal Law Article § 10-113 TRANSPORTATION, ETC. – GENERALLY

FALSE DOCUMENTATION (a)(1) No alcoholic beverages shall be bought, possessed, stored, imported, transported, kept or An individual under the age of 21 years may not suffered to be bought, possessed, stored, imported, possess a card or document that falsely identifies transported or kept in any vehicle, vessel or air craft the age of the individual under circumstances that or on any premises or under his charge or control by reasonably indicate an intention to violate the any person except: provisions of this part. Criminal Law Article § 10-

115 (i) by a consumer or,

(ii) by a licensee as provided in this Article FAILURE TO PROVIDE PROOF OF AGE or,

(iii) by a person under 21 years of age who (a) A person being issued a citation under §§ 10- may have in his possession or transport 113 through 10- 119 of this subtitle or § 26-103 alcoholic beverages for any lawful of the Education Article (intoxicating beverages purpose with the knowledge and consent on school premise) may not fail or refuse to of his parent or guardian or incident to furnish proof of identification and age on the lawful employment of the person as request of the person issuing the citation. provided for in this Article. However,

this exception shall not be construed to (b) A person who violates this section is guilty of a permit a person under the age of 21 to misdemeanor and on conviction is subject to a fi ne buy or consume alcoholic beverages, nor not exceeding $50. Criminal Law Article § 10-120 to possess, store, import, transport or

keep alcoholic beverages for his own use, OBTAINING FOR UNDERAGE nor to buy, possess, store, import, CONSUMPTION transport or keep alcoholic beverages for

any purpose in any or Baltimore An individual may not obtain, or attempt to obtain City where otherwise prohibited by this by purchase or otherwise, an alcoholic beverage Article or any other law of this State. from any person licensed to sell alcoholic beverages Article 2B § 1-201 for consumption by another who the individual

obtaining or attempting to obtain the beverage SALES TO MINORS AND INTOXICATED knows is under the age of 21 years. Criminal Law PERSONS PROHIBITED Article § 10-116 – See § 10-121 for Penalties

(a)(1) A licensee under the provisions of this Article, or any of his employees, may not sell or 2018 DAAPP ~ St Mary's College of Maryland ~ Page 9 of 20

FURNISHING FOR OR ALLOWING UNDERAGE CONSUMPTION; EXCEPTIONS (1) The person knew or reasonably should TO PROHIBITION have known would operate a motor vehicle after consuming the alcoholic beverage; and (a) Except as provided in subsection (c) of this (2) as a result of operating a motor vehicle section, a person may not furnish an alcoholic while under the influence of alcohol or beverage to an individual if: while impaired by alcohol, causes serious physical injury or death to the individual or (1) the person furnishing the alcoholic beverage another. knows that the individual is under the age of 21 years; and PENALTIES FOR VIOLATION OF § 10-116 (2) the alcoholic beverage is furnished for the (OBTAINING FOR UNDERAGE purpose of consumption by the individual under CONSUMPTION AND § 10-117 (FURNISHING the age of 21 years. FOR OR ALLOWING UNDERAGE CONSUMPTION (b) Except as provided in subsection (c) of this section, an adult may not knowingly and (a) This section does not apply to a person who: willfully allow an individual under the age of 21 years actually to possess or consume an (1) Was acting in the capacity of a license, or an alcoholic beverage at a residence, or within the employee of a licensee , under Article 2B of the curtilage of a residence that the adult owns or code; and leases and in which the adult resides. (2) Has committed a violation of and is subject to penalties under Article 2B § 12-108 of the (c) (1) The prohibition set forth in subsection (a) of code this section does not apply if the person furnishing the alcoholic beverage and the individual to whom (b) An adult who violates § 10-116 or § 10-117 of the alcoholic beverage is furnished: this subtitle is guilty of a misdemeanor and on (i) are members of the same immediate conviction is subject to: family, and the alcoholic beverage is furnished and consumed in a private (1) A fine not exceeding $2,500 for a first residence or within the curtilage of the offense; or residence; or (2) A fine not exceeding $5,000 for a second or (ii) are participants in a religious ceremony. subsequent offense. (2) The prohibition set forth in subsection Criminal law Article §10-121 (b) of this section does not apply if the adult allowing the possession or consumption of UNDERAGE POSSESSION; EXCEPTIONS TO the alcoholic beverage and the individual PROHIBITION under the age of 21 years who possesses or consumes the alcoholic beverage: (a) Except as provided in subsection (b)(1) of this (i) are members of the same immediate section, and subject to subsection (b)(2) of this family, and the alcoholic beverage is section, an individual under the age of 21 years possessed and consumed in a private may not: residence, or within the curtilage of the residence, of the adult; or (1) possess or have under the individual’s (ii) are participants in a religious ceremony. charge or control an alcoholic beverage unless Criminal Law Article § 10-117 – See § 10- the individual is a bona fide employee of the 121 for Penalties license holder as defined in Article 2B, § 1–102 of the Code and the alcoholic beverage is in the (d) A person may not violate subsection (a) or (b) of possession or under the charge or control of the this section if the violation involves an individual individual in the course of the individual’s under the age of 21 years who:

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employment and during regular working hours; MARYLAND CONTROLLED or (2) consume an alcoholic beverage. DANGEROUS SUBSTANCES LAW (b) (1) The set forth in subsection (a)(1) and (2) of this section do not apply if: (a) Except as otherwise provided in this title, a person may not: (i) 1. an adult furnishes the alcoholic beverage to the individual or allows the individual to possess (1) possess or administer to another a or consume the alcoholic beverage; controlled dangerous substance, unless 2. the individual possessing or consuming the obtained directly or by prescription or order alcoholic beverage and the adult who furnished from an authorized provider acting in the the alcoholic beverage to the individual or course of professional practice; or allowed the individual to possess or consume the (2) obtain or attempt to obtain a controlled alcoholic beverage are members of the same dangerous substance, or procure or attempt immediate family; and to procure the administration of a controlled 3. the alcoholic beverage is furnished and dangerous substance by: consumed in a private residence of the adult or (i) fraud, deceit, misrepresentation, or within the curtilage of the residence; or subterfuge; (ii) the individual consumes the alcoholic (ii) the counterfeiting or alteration of a beverage as a participant in a religious prescription or a written order; ceremony. (iii) the concealment of a material fact; (2) An individual may not be stopped on (iv) the use of a false name or address; suspicion of a violation of subsection (a)(2) of (v) falsely assuming the title of or this section or charged with a violation of representing to be a manufacturer, subsection (a)(2) of this section unless the distributor, or authorized provider; or individual is observed in possession of an (vi) making, issuing, or presenting a false or alcoholic beverage. Criminal Law Article § 10- counterfeit prescription or written order. 114 (b) Information that is communicated to a UNREGISTERED KEG physician in an effort to obtain a controlled dangerous substance in violation of this section is (a) Except for a person licensed as an alcoholic not a privileged communication. beverages licensee under Article 2B of the Code who possesses a keg in the course of that (c)(1) Except as provided in paragraphs (2), (3), person’s business, a person may not knowingly: and (4) of this subsection, a person who violates this section is guilty of a misdemeanor and on (1) possess a keg that has not been registered conviction is subject to imprisonment not exceeding under or does not have a registration form 4 years or a fine not exceeding $25,000 or both. affixed to it as required by Article 2B, § 21- (2)(i) Except as provided in subparagraph (ii) of 106 of the Code; or this paragraph, a person whose violation of this (2) remove, alter, or obliterate, or allow to section involves the use or possession of marijuana be removed, altered, or obliterated, a in the amount of 10 grams or more is guilty of the registration form that is affixed to a keg. misdemeanor of possession of marijuana and is subject to imprisonment not exceeding 1 year or a (b) A person may not allow an individual under the fine not exceeding $1,000 or both. age of 21 years to consume any of the contents of a keg purchased by that person. (ii) 1. A first finding of guilt under this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $100.

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2. A second finding of guilt under this section D. has not been convicted of a crime of involving the use or possession of less than 10 violence as defined in § 14-101 of this grams of marijuana is a civil offense punishable article; by a fine not exceeding $250. E. has not been convicted of a violation 3. A third or subsequent finding of guilt of a State or federal controlled dangerous under this section involving the use or substances law; possession of less than 10 grams of marijuana F. has not been convicted of a crime of is a civil offense punishable by a fine not moral turpitude; exceeding $500. G. has been designated as caregiver by 4. A. In addition to a fine, a court shall the patient in writing that has been placed order a person under the age of 21 years who in the patient's medical record prior to commits a violation punishable under arrest; subsubparagraph 1, 2, or 3 of this subparagraph H. is the only individual designated by to attend a drug education program approved the patient to serve as caregiver; and by the Department of Health and Mental I. is not serving as caregiver for any Hygiene, refer the person to an assessment for other patient. substance abuse disorder, and refer the person 4. “Debilitating medical condition” to substance abuse treatment, if necessary. means a chronic or debilitating disease or B. In addition to a fine, a court shall order a medical condition or the treatment of a person at least 21 years old who commits a chronic or debilitating disease or medical violation punishable under subsubparagraph 3 condition that produces one or more of the of this subparagraph to attend a drug following, as documented by a physician education program approved by the with whom the patient has a bona fide Department of Health and Mental Hygiene, physician-patient relationship: refer the person to an assessment for A. cachexia or wasting syndrome; substance abuse disorder, and refer the person B. severe or chronic pain; to substance abuse treatment, if necessary. C. severe nausea; C. A court that orders a person to a drug D. seizures; education program or substance abuse E. severe and persistent muscle spasms; assessment or treatment under this or subsubparagraph may hold the case sub curia F. any other condition that is severe and pending receipt of proof of completion of the resistant to conventional medicine. program, assessment, or treatment. (ii) 1. In a prosecution for the use or (3)(i) 1. In this paragraph the following possession of marijuana, the defendant may words have the meanings indicated. introduce and the court shall consider as a 2. “Bona fide physician-patient mitigating factor any evidence of medical relationship” means a relationship in which necessity. the physician has ongoing responsibility 2. Notwithstanding paragraph (2) of this for the assessment, care, and treatment of a subsection, if the court finds that the patient's medical condition. person used or possessed marijuana 3. “Caregiver” means an individual because of medical necessity, the court designated by a patient with a debilitating shall dismiss the charge. medical condition to provide physical or (iii) 1. In a prosecution for the use or medical assistance to the patient, including possession of marijuana under this section, it assisting with the medical use of is an affirmative defense that the defendant marijuana, who: used or possessed marijuana because: A. is a resident of the State; A. the defendant has a debilitating B. is at least 21 years old; medical condition that has been C. is an immediate family member, a diagnosed by a physician with whom the spouse, or a domestic partner of the defendant has a bona fide physician- patient; patient relationship;

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B. the debilitating medical condition is severe and resistant to conventional FEDERAL PENALTIES AND medicine; and SANCTIONS FOR ILLEGAL C. marijuana is likely to provide the defendant with therapeutic or palliative POSSESSION OF A relief from the debilitating medical CONTROLLED SUBSTANCE condition. 2. A. In a prosecution for the possession of marijuana under this section, Penalties for Simple Possession 21 U.S.C. 844(a) it is an affirmative defense that the 1st conviction - Up to 1 year imprisonment and defendant possessed marijuana because the fined at least $1,000 but not more than $100,000, or marijuana was intended for medical use by both. an individual with a debilitating medical After 1 prior drug conviction: At least 15 days in condition for whom the defendant is a prison, not to exceed 2 years and fined at least caregiver. $2,500 but not more than $250,000, or both. B. A defendant may not assert the After 2 or more prior drug convictions: At least 90 affirmative defense under this days in prison, not to exceed 3 years and fined at subsubparagraph unless the defendant least $5,000 but not more than $250,000, or both. notifies the State's Attorney of the Special sentencing provision for possession of crack defendant's intention to assert the : Mandatory at least 5 years in prison, not to affirmative defense and provides the exceed 20 years and fined up to $250,000, or both State's Attorney with all documentation if: in support of the affirmative defense in 1st conviction and the amount of crack possessed accordance with the rules of discovery exceeds 5 grams. provided in Maryland Rules 4-262 and 4- 2nd crack conviction and the amount of crack 263 . possessed exceeds 3 grams. 3. An affirmative defense under this 3rd or subsequent crack conviction and the amount subparagraph may not be used if the of crack possessed exceeds 1 gram. defendant was: Criminal Forfeitures and Forfeiture A. using marijuana in a public place 21 U.S.C. 853(a)(2) and 881(a)(7) or assisting the individual for whom the Forfeiture of personal and real property used to defendant is a caregiver in using the possess or to facilitate possession of a controlled marijuana in a public place; or substance if that offense is punishable by more than B. in possession of more than 1 ounce 1 year imprisonment. (See special sentencing of marijuana. provisions re: crack) (4) A violation of this section 21 U.S.C. 881(a)(4) involving the of marijuana in Forfeiture of vehicles, boats, aircraft or any other a public place is a civil offense conveyance used to transport or conceal a punishable by a fine not exceeding controlled substance. $500. 21 U.S.C. 853 (d) The provisions of subsection A Denial of Federal benefits, such as student loans, (c)(2)(ii) of this section making the grants, contracts, and professional and commercial possession of marijuana a civil licenses, up to 1 year for first offense, up to 5 years offense may not be construed to for second and subsequent offenses. affect the laws relating to: Simple Possession 21 U.S.C. 844 (1) operating a vehicle or vessel A civil fine up to $10,000 (pending adoption of while under the influence of or final regulations). while impaired by a controlled Unlawful Acts 18 U.S.C. 922(g) dangerous substance; or Ineligible to receive or purchase a firearm. (2) seizure and forfeiture.

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FEDERAL TRAFFICKING PENALTIES (OTHER THAN MARIJUANA)

DRUG/SCHEDULE QUANTITY PENALTIES QUANTITY PENALTIES 500–4999 grams First Offense: Not less 5 kgs or more First Offense: Not less Cocaine (Schedule II) mixture than 5 yrs, mixture than Cocaine Base (Schedule 28–279 grams and not more than 40 280 grams or more 10 yrs, and not more II) mixture yrs. If mixture than 40–399 grams death or serious injury, 400 grams or more life. If death or serious (Schedule II) mixture not less mixture injury, Fentanyl Analogue 10–99 grams than 20 or more than 100 grams or more not less than 20 or more (Schedule I) mixture life. mixture than 100–999 grams Fine of not more than $5 life. Fine of not more Heroin (Schedule I) mixture million 1 kg or more mixture than if an individual, $25 10 grams or more $10 million if an LSD (Schedule I) 1–9 grams mixture million if not mixture individual, 5–49 grams pure 50 grams or more $50 million if not an (Schedule II) or an individual. pure or individual 50–499 grams Second Offense: Not less 500 grams or more Second Offense: Not mixture than mixture less 10–99 grams pure 10 yrs, and not more 100 gm or more pure than 20 yrs, and not PCP (Schedule II) or than life. If or 1 kg more than 100–999 grams death or serious injury, life. If death or serious mixture life or more mixture injury, imprisonment. Fine of life imprisonment. Fine not more of not than $8 million if an more than $20 million if individual, an $50 million if not an individual, $75 million individual. 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.

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FEDERAL TRAFFICKING PENALTIES (OTHER THAN MARIJUANA)

PENALTIES Other Schedule I & II drugs Any amount First Offense: Not more than 20 yrs. If death or serious injury, not less than (and any drug product 20 yrs, or more than life. Fine $1 million if an individual, $5 million if not containing Gamma an individual. Hydroxybutyric Acid) 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 Flunitrazepam (Schedule IV) 1 gram an individual. First Offense: Not more than 10 years. If death or serious injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not Other Schedule III drugs Any amount 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. All other Schedule IV drugs Any amount First Offense: Not more than 5 yrs. Fine not more than $250,000 if an Other than 1 individual, $1 million if not an individual. Flunitrazepam (Schedule IV) gram or more Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual. First Offense: Not more than 1 yr. Fine not more than $100,000 if an All Schedule V drugs Any amount 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.

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FEDERAL TRAFFICKING PENALTIES—MARIJUANA

DRUG QUANTITY 1ST OFFENSE 2ND OFFENSE* Marijuana (Schedule 1,000 kg or more Not less than 10 yrs. or more than Not less than 20 yrs. or more than I) marijuana life. life. mixture; or 1,000 or If death or serious bodily injury, If death or serious bodily injury, more not life marijuana plants less than 20 yrs., or more than life. imprisonment. Fine not more than $20 million if an individual, $75 Fine not more than $10 million if an million individual, $50 million if other than if other than an individual. an individual. Marijuana (Schedule 100 kg to 999 kg Not less than 5 yrs. or more than 40 Not less than 10 yrs. or more than I) marijuana yrs. life. If death or serious bodily injury, If death or serious bodily injury, mixture; or 100 to 999 not life less than 20 yrs. or more than life. marijuana plants Fine imprisonment. Fine not more than $20 million if an individual, not more than $5 million if an $75million individual, $25 million if other than an if other than an individual. individual. Marijuana (Schedule More than 10 kgs I) ; Not more than 20 yrs. If death or Not more than 30 yrs. If death or 50 to 99 kg marijuana serious bodily injury, not less than serious bodily injury, life 20 yrs. or more than life. Fine $1 mixture More than 1 kg million imprisonment. Fine $2 million if of hashish oil; 50 to 99 if an individual, $5 million if other an individual, $10 million if other marijuana plants than an individual. than an individual. Marijuana (Schedule Not more than 5 yrs. Fine not more Not more than 10 yrs. Fine I) Less than 50 kilograms than $500,000 if an individual, $2 million if other marijuana (but does not $250,000, $1 million if other than than include 50 or more an individual. individual. marijuana plants regardless of weight)

Hashish (Schedule I) 10 kg or less Hashish Oil (Schedule I) 1 kg or less *The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and a fine up to $20 million if an individual and $75 million if other than an individual

Source: https://www.dea.gov/pr/legis.shtml

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• Alcohol poisoning, a medical emergency that HEALTH RISKS results from high blood alcohol levels. • Risky sexual behaviors, including unprotected sex or sex with multiple partners. These behaviors can HEALTH RISKS ASSOCIATED WITH result in unintended pregnancy or sexually ALCOHOL ABUSE transmitted diseases, including HIV. • Miscarriage and stillbirth or fetal alcohol spectrum The consequences associated with alcohol abuse disorders (FASDs) among pregnant women. among college students are far-reaching. According to the National Institute on Alcohol Abuse and Long-Term Health Risks , “Students who engage in risky drinking may experience blackouts (i.e., memory Over time, excessive alcohol use can lead to the loss during periods of heavy drinking); fatal and development of chronic diseases and other serious nonfatal injuries, including falls, drowning, and problems including: automobile crashes; illnesses; missed classes; • High blood pressure, heart disease, stroke, liver unprotected sex that could lead to a sexually disease, and digestive problems. transmitted disease or an unwanted pregnancy; • Cancer of the breast, mouth, throat, esophagus, falling grades and academic failure; an arrest liver, and colon. record; accidental death; and death by . In • Learning and memory problems, including addition, college students who drink in excess may dementia and poor school performance. miss opportunities to participate in the social, • athletic, and cultural activities that are part of Mental health problems, including depression and anxiety. college life.”1 The risks are not just limited to students. The • Social problems, including lost productivity, family Centers for Disease Control and Prevention problems, and unemployment. identifies the following short-term and long-term • or alcoholism. health risks related to alcohol use and abuse:2 1 Short-Term Health Risks http://www.collegedrinkingprevention.gov/niaaacoll Excessive alcohol use has immediate effects that egematerials/panel01/highrisk_04.aspx increase the risk of many harmful health conditions. These are most often the result of 2 These health risks have been reproduced verbatim and include the following: from the CDC’s “Fact Sheets-Alcohol Use and • Injuries, such as motor vehicle crashes, falls, Your Health” which is available here: drowning, and burns. http://www.cdc.gov/alcohol/fact-sheets/alcohol- • Violence, including homicide, suicide, sexual use.htm assault, and intimate partner violence.

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Physical Effects of Drugs Psychological Dependence Possible Effects Withdrawal Syndrome Dependence Overdose Slow and shallow Yawning breathing Drowsiness Respiratory Clammy skin Depression Loss of appetite Irritability Convulsions Constricted pupils Narcotics High High Nausea Coma Tremors Possible death Panic Cramps Nausea Runny nose Chills and sweating Watery

eyes Shallow Anxiety respiration Insomnia Slurred speech Clammy skin Disorientation Dilated pupils High/ Tremors High/ Moderate Drunken behavior Weak and rapid Moderate without odor of pulse alcohol Coma Delirium Possible death Convulsions Possible death Increased alertness Agitation Apathy Euphoria Increased body temperature Increased pulse Hallucinations Long periods of sleep rate Convulsions Possible High Possible death and blood pressure Excitation Irritability Insomnia Loss of appetite Depression Disorientation Euphoria Fatigue Occasional reports of Relaxed inhibitions Paranoia Unknown Moderate insomnia Hyperactivity Increased appetite Possible Decreased appetite Disorientation psychosis Longer, more Illusions and intense “trip” hallucinations episodes None Unknown Altered perception Unknown of time and Psychosis distance Possible death Virilization Acne Testicular atrophy Anabolic Steroids Unknown Unknown Unknown Possible depression Gynecomastia Aggressive behavior Edema

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ALCOHOL AND DRUG INTERVENTION PROGRAMS COMMUNITY PARTNERS

The Wellness Center works with MedStar St. STUDENTS Mary’s Hospital, and with Walden/Sierra, Inc. for assessment and treatment of alcohol and other drug- COUNSELING related concerns. Walden/Sierra provides assessment and many levels of treatment and the St. Mary’s College of Maryland has counseling and hospital provides emergency services. health care available at the Wellness Center. Five MedStar St. Mary’s Hospital Emergency licensed counselors are available to students for Department 301-475-6111 urgent concerns or ongoing counseling. Counselors Walden/Sierra, Inc. 301-863-6661 can provide alcohol and drug assessments and counsel students who are concerned about their ANONYMOUS MENTAL HEALTH / substance use or are referred for assessment through SUBSTANCE USE SELF-ASSESSMENT the on-campus judicial system. All counseling services are offered at no charge and are strictly The Wellness Center website hosts several self- confidential. For more information or to schedule assessment tools and referrals for online services. appointments students can call 240-895-4289. http://www.smcm.edu/wellness/resources/ Students may contact a staff therapist anonymously SUPPORT GROUPS from the website or through the following link: https://smcm.caresforyou.org/welcome.cfm An group is offered near campus at Trinity Church. Other anonymous SUBSTANCE AND ALCOHOL-FREE groups meet in the community. Contact the ENVIRONMENT (SAFE) HOUSE Wellness Center at 240-895-4289 for more information. SAFE House is located in Queen Anne Hall for first-year female students and in Waring Commons ALCOHOL AND MARIJUANA EDUCATION for first-year male students, as well as upper-class students. It is intended for students who wish to The Wellness Center advises the Peer Health abstain from the use of alcohol and other substances Educators (PHE) who provide education to students (as well as avoid the secondary effects of other who have received judicial sanctions because of students’ use) in their residence to be boarded with alcohol or marijuana violations. The program is like-minded students. For more information, presented by the PHEs to students in a first step contact Matt Jordan. approach to education and prevention.

SBERT

Health Services provides a brief screening to each student before a scheduled appointment. Nurses provide a quick review of the information shared and utilize motivational interviewing techniques to address any concerns and encourage students to seek more help as appropriate.

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EMPLOYEES initial assessment period, becomes responsible for any fees associated with subsequent treatment and the employee must begin to use accrued leave if Employees experiencing substance abuse problems receiving treatment during work hours. are encouraged to seek assistance through:

• (a) Human Resources (HR); Since the EAP accepts management referrals only, (b) Self-referral to the employer's Employee employees who are not experiencing job Assistance Program; or performance problems, but feel the need for (c) Self-referral to an alternative certified counseling, are encouraged to contact their health rehabilitation program. care provider directly to arrange to receive it.

• The Employee Assistance Program (EAP) Also, the EAP is an essential part of the State’s information copied from State of Maryland initiative to eliminate the impact of Domestic EAP web page Violence issues. Employees experiencing domestic http://www.dbm.maryland.gov/employees/Pages/E violence are encouraged to contact the EAP Office AP.aspx: for guidance. Employees may also find helpful resources through Judiciary's Domestic Violence Webpage. • This confidential service is provided to State employees who face personal matters that adversely • affect their job performance. Supervisors are Please be assured that job security and promotional encouraged to refer employees when an employee’s opportunities will not be jeopardized by an personal matters negatively impact work employee’s participation in the EAP. Information performance. The goal of the Program is to provide will not be released without the expressed written assistance to the employee and maintain satisfactory consent of the employee. job performance. PARTICIPATION IN THE PROGRAM IS COMPLETELY VOLUNTARY, As needed HR provides the name and contact AND IS AVAILABLE ONLY TO EMPLOYEES. information of external counseling, treatment, rehabilitation or re-entry agencies, a list may be provided by the Wellness Center and/or the EAP • Employees who are referred to the EAP will be scheduled for an initial assessment with an EAP counselor. Initial assessment session(s) are Additionally, HR may require a fit for duty consult considered work-time and no fee or leave is charged for medical or psychological issues including drug to the employee for attendance. However, an or alcohol abuse when the abuse is affecting the employee who continues treatment beyond the employee's work performance.

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