![]() | ![]() ![]() ![]() |
![]() |
|
| University
of Maryland University College 2003 Annual Information Report (section III) I. Campus Crime and Security (241K) II. Notification of Rights under FERPA for Post secondary Institutions (9K) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
![]() |
University of Maryland University College (UMUC) complies with all federal, state and local laws that regulate or prohibit the possession, use or distribution of alcohol or illicit drugs. The following information applies to all UMUC full-time, part-time, and temporary faculty, staff, and students and to all activities either conducted on UMUC's premises or sponsored by UMUC.
All UMUC faculty, staff, and students are prohibited from unlawfully possessing, using, manufacturing, distributing or dispensing alcohol or any controlled substance on the UMUC's premises or at UMUC-sponsored activities. UMUC expects all faculty, staff, and students to comply with all applicable laws and regulations pertaining to possession, use, manufacture, distribution, or dispensation of alcohol or controlled substances, whether or not such laws are referenced in this Report. All employees are expected to report to work free of the influence of alcohol or any illicit drug. All students are expected to report to classes and other educational meetings free of the influence of alcohol or any illicit drug.
1. UMUC’s Sanctions: UMUC will impose disciplinary sanctions on any students or employees who violate the standards of conduct regarding drug and alcohol use. Any student who violates any of the applicable standards of conduct is subject to disciplinary action and penalties, up to and including possible expulsion from the University, in addition to referral to the appropriate law enforcement authorities for prosecution. Further information can be found in UMUC's Code of Student Conduct, which expressly prohibits the unlawful use, possession, distribution, or possession for purposes of distribution of any controlled substance, illegal drug, or alcohol on UMUC premises or at UMUC-sponsored activities. Any employee who violates any of the applicable standards of conduct is subject to disciplinary action and penalties, up to and including possible termination of employment, in addition to referral to the appropriate law enforcement authorities for prosecution. Further information can be found in VII-1.10- University Of Maryland System Policy On A Drug-Free Workplace and in Executive Order 01.01.1991.16 - the State of Maryland Substance Abuse Policy. 2. Summary Of Legal Sanctions: Stateside, UMUC offers courses and programs at locations throughout the Maryland-Washington-D.C.-Virginia area. In addition, courses and programs are offered overseas in many different countries on military installations. The primary locations overseas are in Germany and Japan. The following is a summary of current legal penalties in Maryland, Washington, D.C., Virginia, Germany, and Japan for violations of drug and alcohol laws.
(a) U.S. Federal Law Penalties for Possession and Trafficking: Under Federal law, it is unlawful to possess any controlled substance without a valid prescription. This includes, but is not limited to, those drugs commonly described as illegal drugs such as marijuana, hashish, cocaine, PCP, LSD, methamphetamines, and heroin. Possession is penalized by fines of $1,000 or more and imprisonment for up to one year for a first offense; subsequent convictions carry much higher fines and greater prison terms. The penalties also increase if crack, a mixture containing cocaine base, is involved. Penalties will vary depending on the amount and type of drug involved, as well as other factors. Please refer to the charts at the end of this Report for a summary of federal drug penalties (these may be amended by Congress from time to time). Attempt and conspiracy carry the same maximum punishment as the object crime. It is unlawful to manufacture, distribute, dispense, or possess with the intent to manufacture, dispense, or distribute, a controlled substance. Penalties for trafficking range from imprisonment of one year to life; capital punishment in some circumstances; and fines up to $8,000,000 for individuals. (See 21 U.S.C. §§ 811 et seq for the range of federal trafficking penalties; this information is subject to amendment from time to time.) First offenders for possession can also be ordered into drug treatment and community service. The penalties are doubled for adults who distribute drugs to minors. For a second offense, the penalties are tripled. Proximity to School Property: The punishment for possession or trafficking in a controlled substance is greatly increased if the offense was committed within 1,000 feet of a school, including a college or university, or other public property. An offender will be subject to twice the maximum authorized punishment and harsher sentencing restrictions, with a minimum one year prison term. A second offense triples the fine and carries a minimum three year prison term. Drug Paraphernalia: Under Federal Law, it is unlawful to sell, offer for sale, import, export, or use the mail or interstate commerce facilities to transport drug paraphernalia. Penalties include a fine and imprisonment for up to three years. Loss of benefits: Among other sanctions, such as forfeiture of property and civil penalties, a person convicted of any Federal or State offense involving possession of a controlled substance can be denied Federal benefits such as loans, grants, contracts, and professional licenses, for a period of up to one year for a first offense and up to five years for subsequent offenses. Also, he or she can lose eligibility for assistance such as social security and food stamps. For trafficking or distribution crimes, a person can lose benefits for up to five years with the first conviction; up to ten years for a second conviction; and permanently for a third conviction.
Federal Trafficking Penalties - Marijuana As of November 18, 1998
(b) Maryland Law The Maryland laws are available in the Health Controlled Dangerous Substances Drug Offenses: In addition to the Federal laws summarized above, the State of Maryland has its own laws dealing with controlled substances. A minimum of five years imprisonment is the penalty for a first offense of manufacture, distribution, dispensing or possession with intent to distribute 50 pounds or more of marijuana; 448 grams or more of cocaine or cocaine mixture; 50 grams or more of cocaine base; 28 grams or more of morphine or opium mixture; 1000 dosage units of LSD or mixture; 448 grams or more of methamphetamine or mixture; or 448 grams or more of phencyclidine in liquid form. For a second offense, the authorized penalty is doubled. If the offender is convicted as a drug kingpin, even the first offense can carry a fine of up to $1,000,000 and 20-40 years imprisonment without parole. The penalty for a first offense of trafficking in PCP, LSD, or other Schedule I and II narcotics is a fine of up to $25,000 ($20,000 in case of PCP and LSD) and/or imprisonment of up to twenty years. For a second offense, the minimum prison term is ten years. Trafficking in other Schedule I-IV controlled substances is punishable by a fine of up to $15,000 and prison term up to five years (both are doubled for a second offense). Proximity to School Property: Anyone who manufactures, distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance within 1000 feet of an elementary or secondary school, or on a school vehicle, will be subject to an additional prison term up to twenty years and/or a fine of up to $20,000 for first offense, which doubles to 5-40 years imprisonment and/or $40,000 fine for a second offense. Local Prohibitions on Drug Paraphernalia: Several Maryland jurisdictions have their own laws prohibiting the sale, display, distribution, or possession with intent to sell, of drug paraphernalia. Among these are Annapolis (city), Harford County, Howard County, and Prince George's County. Depending upon the particular local law, a violation may be punishable by fine of up to $1,000 and/or possible imprisonment of up to six months. Alcohol: Drinking alcoholic beverages is prohibited on public property under Maryland State law and under many county and local codes within Maryland, including Anne Arundel, Prince George's, and St. Mary's Counties. Many jurisdictions, either under State law or their own codes, also prohibit the possession of alcohol in an open container on public property or shopping center property, including Annapolis (city) and the counties of Baltimore, Carroll, Dorchester, Frederick, Harford, Montgomery, and St. Mary's. These laws generally carry fines ranging from $100 to $500 for a violation, and some also provide for jail terms ranging from 5 to 90 days. Maryland law also makes it a misdemeanor to be intoxicated in public and cause a public disturbance, or to be intoxicated and endanger the safety of another person or of property. This carries a fine of up to $100 and up to 90 days imprisonment. It is illegal for persons under age 21 to possess alcoholic beverages with intent to consume them, and for anyone to falsify or misrepresent his or her age or another person's age to obtain alcohol. It is also illegal in most circumstances to obtain or give alcohol to a person under age 21. The penalty is a fine of $500 for the first offense and up to $1,000 for repeat offenses. (c) Virginia Law Drug Offenses: Possession of a controlled substance without a valid prescription is punishable in Virginia as a Class 5 felony in the case of Schedule I or II substance; a Class 1 misdemeanor for a Schedule III substance; a Class 2 misdemeanor for a Schedule IV substance; a Class 3 misdemeanor for a Schedule V substance; and a Class 4 misdemeanor for a Schedule VI substance. The knowing or intentional possession of marijuana without a valid prescription or an order of a practitioner is punishable by imprisonment up to 30 days and a fine of up to $500 for a first offense; a repeat offense is a Class 1 misdemeanor. Additional penalties can include the forfeiture of property connected to an illegal drug transaction; the loss of a state driver's license; and court-ordered commitment for drug abuse treatment. It is a Class 1 misdemeanor in Virginia to deliberately inhale any drugs or noxious chemical substances in order to become intoxicated or to dull one's brain. Deliberately causing, inviting or inducing another person to do this is a Class 2 misdemeanor. Virginia law makes it illegal to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give, or distribute, a controlled substance or an imitation controlled substance. For Schedule I and II drugs, violations are punishable by imprisonment of five to forty years and/or fine up to $500,000 for first offense; subsequent convictions carry a possible life sentence and fine up to $500,000. For Schedule II-V drugs, a violation would be a Class 1 misdemeanor. Transporting drugs into Virginia can also be a separate felony, carrying a 5-40 year prison term and fine up to $50,000. Drug kingpins face fines up to $1,000,000 and the possibility of life imprisonment, with a mandatory minimum of twenty years without probation or parole. Similarly, it is illegal to sell, give, distribute, or posses with intent to give, sell, distribute, marijuana, with penalties depending upon the amount of marijuana involved. A violation involving on-half ounce of marijuana is a Class 1 misdemeanor; between one-half ounce and five pounds, a Class 5 felony; and for more than 5 pounds, the penalty is five to thirty years imprisonment. The penalty is five to thirty years imprisonment and fines up to $10,000 for manufacturing marijuana or possessing it with intent to manufacture it for nonpersonal use. Adults who knowingly or intentionally distribute illegal drugs to minors who are at least three years younger, or who cause such minors to assist in drug distribution, may face ten to fifty years in prison and/or a fine of up to $100,000. Proximity to School Property: Virginia law makes it a separate crime to manufacture, sell, distribute, or to possess with intent to sell, give, or distribute, any controlled substance or marijuana on the grounds of any school, including institutions of higher education; on any public property within 1,000 feet of such a school; on a school bus or near a bus stop; or on other public property such as a public recreation center, community center, hospital, or library. This is a separate and distinct felony punishable by imprisonment of one to five years and fine of up to $100,000. Drug Paraphernalia: It is a Class 1 misdemeanor to sell, possess with intent to sell, or advertise drug paraphernalia; for an adult to distribute it to minors; or to knowingly sell, distribute, or display for sale to any minor any printed matter which is known to advertise any drug paraphernalia. However, an adult who distributes drug paraphernalia to a minor at least three years younger is guilty of a Class 6 felony. Alcohol: Public intoxication, whether from drugs or alcohol, is a Class 4 misdemeanor, as is the consumption of alcohol while driving on a public highway. Violators may be transported to a detoxification center in lieu of arrest. Anyone who illegally buys or sells alcoholic beverages is subject to a fine of up to $2,500 and up to one year in jail. Selling alcohol to, or buying it for, someone who is under age 21, intoxicated or interdicted (legally prohibited from consuming alcohol) is a misdemeanor punishable by a fine of up to $2,500 and up to one year in jail. For someone to whom alcohol may not legally be sold, it is a misdemeanor, punishable by fine up to $500, up to 50 hours of community service, and a year's suspension of the driver's license, to buy or possess alcoholic beverages. Illegal manufacture of alcoholic beverages is a Class 6 felony, punishable by one to six years imprisonment and/or fine up to $2,500. Additionally, a person who is convicted of illegal manufacture, possession, sale, or transportation of alcoholic beverages may be prohibited from buying alcoholic beverages for a year or longer. Virginia provides special penalties for alcohol violations occurring on public property and specifically on school property. Anyone who drinks or offers an alcoholic beverage to another at any public place is guilty of a Class 4 misdemeanor and is subject to a fine of up to $250. Anyone who drinks or possess alcohol on the grounds of any elementary or secondary school during school hours, school activities, or student activities is guilty of a Class 2 misdemeanor, subject to up to six months imprisonment and/or a fine of up to $1,000. Finally, local laws in Arlington, Virginia, forbid public drunkenness as well as the possession or consumption of any alcoholic beverage on certain county property. (d) District of Columbia Law In addition to the Federal laws, the District of Columbia has its own laws dealing with controlled substances. It is unlawful under the D.C. Code to knowingly or intentionally manufacture, distribute, or possess with intent to manufacture or distribute, a controlled substance. The penalties vary with the type of substance involved. For a Schedule I or II narcotic or abusive drug, the punishment is imprisonment of up to thirty years and/or fine of up to $500,000; for any other Schedule I, II, or III controlled substance, imprisonment of up to five years and/or fine of up to $50,000; for any Schedule IV controlled substance, imprisonment of up to three years and/or fine of up to $25,000; and for any Schedule V controlled substance, imprisonment of up to one year and/or fine of up to $10,000. (The classification schedules are found in the D.C. Code, Sections 33-513 through 33-522.) Knowing or intentional unauthorized possession of a controlled substance without a valid prescription is a misdemeanor punishable by fine of up to $1,000 and/or imprisonment of up to 180 days. Moreover, no one except certain professionals may possess hypodermic needles, syringes, or other instruments bearing traces of controlled drugs with intent to inject a controlled substance under the skin of a human being, under penalty of fine up to $1,000 and/or imprisonment of up to 180 days. A person over age 21 who sells or distributes controlled substances to minors under 18 can be subject to doubled fines and prison terms. A person over age 21 who enlists, hires, or encourages minors under 18 to sell or distribute a controlled substance is subject to the same fines as if he directly sold or distributed the controlled substance himself, plus an additional term of up to ten years imprisonment and/or additional fine of $10,000 for a first conviction. That punishment rises to an additional 20 years and/or $20,000 for the second conviction. A second or subsequent drug conviction under D.C. law, counting any prior conviction under Federal or State law, will double the applicable fine and term of imprisonment. Additional sanctions for drug violations may include forfeiture of the offender's property, including vehicles and money, that was used in committing a drug violation or that stems from proceeds or profits of illegal drug transactions. Proximity to School Property: D.C. law establishes drug-free zones within 1,000 feet of any school, college, university, and any event sponsored by these institutions, and at certain other public areas and events. Distribution or possession with intent to distribute a controlled substance in a drug-free zone can double both the applicable fine and the term of imprisonment. Alcohol: It is illegal in the District of Columbia for persons under age 21 to purchase, possess, or consume alcoholic beverages. The penalties include a fine of up to $1,000 and/or imprisonment up to one year. In addition, the offender will lose his D.C. driving privileges for 90 days for the first violation, 180 days for the second, and one year for the third and subsequent violations. It is also illegal, punishable by fine up to $300 or up to 30 days imprisonment, to misrepresent one's age in order to obtain alcohol. A person who offers, delivers, or otherwise makes alcohol available to someone under 21 is subject to fine up to $1,000 and/or imprisonment up to 180 days. D.C. law also prohibits drinking alcoholic beverages in public places; possessing them in open containers in any street or vehicle; and being intoxicated on public or private property so as to endanger one's self, another person, or property. These violations carry a fine of up to $100, imprisonment up to 90 days, or both. (e) German Law Under the German narcotics law, there are three categories which are listed in three different subsections of the law as follows: Subsection 1: Illegal narcotics. Examples are substances like Marihuana, Hashish, Heroine, LSD as well as the drugs traded among minors as Ecstasy (MDMA, MMDA, MDE, MDA, DOB). In the case of Cannabis products (Hashish, Marihuana), the seed is exempt from the narcotics law. If the seed is cultivated as a drug, then it is included again in the narcotics law. Furthermore, the cultivation of the so called utilizable hemp (part of THC up to 0.3%) is also exempt from the narcotics law. The Ministry of Agriculture must provide a special authorization. Subsection 2: Narcotics not available by prescription but permitted in certain circumstances. These are substances needed by the pharmaceutical industry for the manufacturing of medications. Examples are Cocaine leaves, Delta-9-Tetrahydrocannabiol (psychotrophic substance in Hashish, Marihuana, THC), Dihydromorphine (basic substance in Morphine), Drimethadone (interim Methadone substance), Papaver Orientale (Sleeping Poppy) Pethidine Acid, Norpethidine. Subsection 3: Narcotics available by prescription. These are medications which fall under the narcotics law, but which can be prescribed by a medical practitioner. Examples are: Amphetaminebarbital (prescribed as Secobarbital, a strong sleeping and pain-killing drug), different forms in the Benzodiazepine group like Promazepam, Diazepam, Flunitrazepam, Trizazepam. These substances are also contained in strong sleeping and pain-killing drugs as well as in psychiatric drugs. Other substances are Fenetyllin: name of the drug: Captagon (psychiatric drug), Fentanyl (like Durogesic, a strong pain-killing drug), Buprenorphine: name of the drug: Temgesic (a strong pain-killing drug), Hydromorphone: name of the drug: Dilaudid (a strong pain-killing drug), further substances like Levomethadone (name of the drug: L-Polamidon) or Methadone (name of the drug: Polamidone), as well as Dronabinol (pharmaceutical name for Delta9 Hydrahydrocabinol: name of the drug: Marinol), Cocaine (as local narcotics in ophthalmology), as well as Codeine (in the case of respiratory diseases or as substitute for Heroine drug addicts). Under the German narcotics law, any contact (except consumption) with the substances under subsections 1, 2 or 3 puts the person under penalty. Although consumption is not punishable, the acquisition or possession of the narcotic is punishable. According to § 29 of the narcotics law, the cultivation, production, trade, import, export, disposal, delivery, trafficking, acquisition or obtaining these substances under any other way is submitted to penalty. The above mentioned offences are punished with a prison sentence of up to 5 years or with a fine. The narcotics law does not differ between so called hard and soft drugs. Such differences are made during the punishment verdicts on a case by case basis. According to § 29 of the narcotics law persons, who are themselves not directly in contact with the drugs but who inform about, provide or grant others with opportunities for the unauthorized consumption, acquisition, delivery a.s.o. are also punished with a prison sentence of up to 5 years or with a fine. This regards the advertising for drugs as well as providing rooms at disposal for the drugs consumption. According to § 29, section 3, the earlier mentioned drug penalties have been increased. This concerns the trading or the actions endangering the health of more persons respectively. The penalty will be prison sentence not under 1 year. According to § 29, section 5, the narcotics law allows the courts the possibility to dismiss a criminal proceeding when the drug consumer cultivates, produces, imports, exports, acquires or obtains in any other way or possesses only for personal use in small quantities the drugs listed in subsection 1-3. The small quantity is not defined neither by law nor by jurisdiction, so it can be stated that a dismissal of a criminal proceeding will be done through an individual decision by the respective court. Since the verdict of the Federal Constitutional Court (the Cannabis verdict) the jurisdiction acquired a certain attitude regarding the Cannabis drugs Hashish and Marihuana. This attitude differs from one Bundesland to the other. In the Department of Public Prosecution Ellwangen/Jagst criminal proceedings are dismissed with quantities up to 3 grams of Hashish and 5 grams of Marihuana in the case of a first time offender if no persons were endangered. In addition, § 29 of the narcotics law contains a penalty increase. This concerns delinquents who are older than 21 years and who deliver, administer or leave to direct consumption to persons under 18 years the drugs listed in subsection 1-3. (Exceptions are here again medical practitioners, dentists and veterinarians). Furthermore, the increase of penalty, for a period not under 1 year, is effective with the delivery, production or possession of drugs not in small quantities according to the subsections 1-3 of the narcotics law. The significant quantities values are defined by the jurisdiction and amount to: Heroine:1.5 grams Heroinehydrochlorid In § 30 of the narcotics law there are additional penalty increases. In the following situations, the penalty increases to not under 2 years:
In § 30a, narcotics law increases the offenses further to imprisonment of not under 5 years. Perpetrators, as members of a gang, fall under this law if they conspired to continue committing offenses according to the narcotics law, cultivate, manufacture, deal with, import or export narcotics in a significant amount. The same is true for perpetrators who are over 21 years old and instruct people under 18 years of age:
If a person carries a firearm or any other weapon, which could harm other people, with him when carrying out an offense, the penalty increases to not under 5 years. Also, §32 of the narcotics law contains provisions that are punished as irregularities. These are not offenses, but legal violations that can be fined up to an amount of DM 50,000. These provisions concern people who may work with narcotics according to an exceptional permission. (f) Japanese Law Students and employees at the UMUC-Asia are subject to local laws relating to possession and distribution of illegal drugs. Active Duty military personnel stationed in Japan may be subject to both Japanese laws and the Uniform Code of Military Justice (UCMJ). Students and employees located in other countries should be aware that the applicable legal penalties of their host country may be different and perhaps more severe than the United States laws which they may be accustomed. In Japan, under the Cannabis Control Law, possession of marijuana can result in up to 5 years imprisonment with forced labor. Importation, distribution, or sale can result in a sentence of up to 7 years imprisonment with forced labor. Use of marijuana is not specifically prohibited by Japanese law. The possession, use, or distribution of hallucinogenic mushrooms is illegal in Japan. Under the Stimulant Control Law, possession or distribution of amphetamines or other illegal stimulants can result in a jail sentence with forced labor for up to 10 years. Sale can result in a sentence of a three year minimum sentence (Japanese law does not provide for a maximum) with forced labor along with a Y10 Million fine. Importation, exportation, or production of illegal stimulants can result in a 1 year minimum prison sentence (Japanese law does not provide for a maximum) with forced labor. In addition, foreigners convicted of drug crimes will be deported from Japan with a possible lifetime ban on return to the country. (g) Military Law Students and employees who also are military personnel may be subject to the Uniform Code of Military Justice (UCMJ). 912a. ART. 112a. Wrongful Use, Possession, etc., of Controlled Substances states:
Active Duty military personnel should seek additional information from their supervisors.
1. Online Resources:
2. UMUC Resources: (a) Stateside Within the United States, the Maryland State Employee Assistance Program (EAP) may be able to provide confidential counseling and referral assistance to employees who are experiencing personal and medical problems, including drug and alcohol abuse. The EAP Coordinator is the Director of Human Resources Services. (b) UMUC-Europe UMUC-Europe employees experiencing problems stemming from personal and medical problems including drug and alcohol abuse should contact the Human Resources Office for information on available counseling. UMUC-Europe students can receive treatment at local military or local national facilities. Employees at Mannheim experiencing problems stemming from personal and medical problems including drug and alcohol abuse should contact the Human Resources Office for information on available counseling. Students can receive treatment at local military or local national facilities. In addition, students may receive health education counseling which includes chemical and substance abuse. (c) UMUC-Asia UMUC-Asia students and employees are encouraged to contact their Family Advocacy Center for counseling related to drug and/or alcohol abuse. Family Advocacy programs on military bases throughout the Pacific region provide confidential counseling to all Status of Forces Agreement (SOFA) sponsored and Active Duty military personnel who are experiencing problems stemming from all various personal and medical issues, including drug and alcohol abuse. At Yokota, you can call Family Advocacy at DSN: 225-3648. Active Duty UMUC-Asia students can receive referral to local treatment programs offered through Family Advocacy through referrals from his/her supervisor. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||

![]() | ©
1996-2005 University of Maryland University College |