Legal Sanctions/Disciplinary Action Associated with Alcohol and Drug Use

University Sanctions

Violations of university policies regarding alcohol and other drug use will be subject to legal sanctions and/or university disciplinary action.  The Northern Arizona University Student Code of Conduct details the sanctions that may be imposed by the institution for violations of these policies.  Sanctions include expulsion from the university, suspension from the university, university probation, warnings, restricted access to university properties and other educational sanctions. (5-308G).  Further, the university may refer a student to appropriate authorities for prosecution for alcohol and other drug abuse violations.  Sanctions also may be imposed under the Standards of Residence for those students living in university residence halls.  In addition to sanctions, federal law (specifically the Family Educational Rights and Privacy Act) permits the University to notify parents of any alcohol and other drug violation occurring on-campus for students under the age of twenty-one.  NAU views parents as important partners in the education of students, thus the University may notify parents when their student has been involved in a serious or repeated alcohol or other drug violation.  

Examples of legal sanctions for unlawful possession, use, or distribution of illicit drugs can be found on the following charts: 

Arizona Criminal Penalties
Marijuana (A.R.S. § 13-3405) 

Quantity

Activity

Penalty

Less than 2 lbs.

Possession or Use

Class 6 felony

2-4 lbs

Possession or Use

Class 5 felony

4+ lbs  

Possession or Use

Class 4 felony

Less than 2 lbs

Possession for Sale

Class 4 felony

2-4 lbs.

Possession for Sale

Class 3 felony

4+ lbs

Possession for Sale

Class  2 felony

Less than 2 lbs.

Transport, import

Class 3 felony

2+ lbs  

Transport, import

Class 2 felony

 Peyote (A.R.S. § 13-3402)

Activity

Penalty

Possession, Sale, Transfer

Class 6 felony

 Narcotic Drugs* (A.R.S. § 13-3408) – any amount
*as defined in A.R.S. § 13-3401 includes (among others) Cannabis, Cocaine leaves, Fentanyl, Opium, Codeine, Heroin.

Activity

Penalty

Possession or Use

Class 4 felony

Possession of equipment/chemicals

to manufacture

Class 3 felony

Possession for sale

Class 2 felony

Manufacture    

Class 2 felony

Administer

Class 2 felony

Obtain by fraud

Class 3 felony

Transport, import

Class 2 felony

 Prescription-only Drug (A.R.S. § 13-3406) – any amount

Activity

Penalty

Possession or Use

Class 1 misdemeanor

Possession for sale

Class 6 felony

Possession of equipment to manufacture

Class 1 misdemeanor

Manufacture

Class 1 misdemeanor

Administer

Class 1 misdemeanor

Obtain by fraud

Class 1 misdemeanor

Transport or import

Class 6 felony

Imitation Controlled Substance, Imitation Prescription-only Drug, Imitation Over the Counter Drug (A.R.S. 13 § 13-3451-3458) – any amount

Activity

Penalty

Possession with intent to distribute

Class 2 misdemeanor

Manufacture, distribute, or possess with intent to distribute

Class 6 felony

Any violation with respect to person

under 18

Class 5 felony

 

Dangerous Drugs* (A.R.S. § 13-3407) – any amount
*As defined in A.R.S. § 13-3401(6), include (among others) LSD, Mescaline, Psilocybin, Amphetamine, Methamphetamine, Barbiturate.

Activity

Penalty

Possession or Use

Class 4 felony

Possession for sale

Class 2 felony

Possession of equipment to manufacture

Class 3 felony

Manufacture

Class 2 felony

Administer

Class 2 felony

Obtain by fraud

Class 3 felony

Transport, import

Class 2 felony

Sentence for Convictions (A.R.S. § 13-701)

Subject to more severe penalties for dangerous and repetitive offenders A.R.S. § 13-604, offenses involving or using minors, A.R.S. § 13-4309 and other aggravating circumstances as set forth in A.R.S. § 13-702, the following terms of imprisonment shall follow a conviction for a first offense:

Class 2 felony  

5 years

Class 3 felony

3.5 years

Class 4 felony

2.5 years

Class 5 felony

1.5 years

Class 6 felony

1 year

Conviction and probation may also include substantial fines, mandatory drug testing and community service.  Penalties will be increased for violations that occur in drug-free school zones (A.R.S.  §13-3411).

Federal Criminal Penalties

DRUG/SCHEDULE

QUANTITY

PENALTIES

QUANTITY

PENALTIES

Cocaine (Schedule II)

500 - 4999 gms mixture

First Offense:

Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual

Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual

5 kgs or more mixture

First Offense:

Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.

Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.

2 or More Prior Offenses: Life imprisonment

Cocaine Base (Schedule II)

5-49 gms mixture

50 gms or more mixture

Fentanyl (Schedule II)

40 - 399 gms mixture

400 gms or more mixture

Fentanyl Analogue (Schedule I)

10 - 99 gms mixture

100 gms or more mixture

Heroin (Schedule I)

100 - 999 gms mixture

1 kg or more mixture

LSD (Schedule I)

1 – 9 gms mixture

10 gms or more mixture

Methamphetamine (Schedule II)

5 - 49 gms pure or 50 - 499 gms mixture

50 gms or more pure or 500 gms or more mixture

PCP (Schedule II)

10 - 99 gms pure or 100 - 999 gms mixture

100 gm or more pure or 1 kg or more mixture

PENALTIES

Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)

Any amount

First Offense: Not more that 20 yrs. If death or serious 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 injury, not less than life. Fine $2 million if an individual, $10 million if not an individual

Flunitrazepam
(Schedule IV)

1 gm or more

Other Schedule III drugs

Any amount

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

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

Flunitrazepam (Schedule IV)

30 to 999 mgs

All other Schedule IV drugs

Any amount

First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam (Schedule IV)

Less than 30 mgs

All Schedule V drugs

Any amount

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 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Federal Trafficking Penalties - Marijuana

 

 

DRUG

QUANTITY

1st OFFENSE

2nd OFFENSE

Marijuana

1,000 kg or more mixture; or 1,000 or more plants

  • 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 if an individual, $10 million if other than an individual
  • Not less than 20 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $8 million if an individual, $20 million if other than an individual

Marijuana

100 kg to 999 kg mixture; or 100 to 999 plants

  • Not less than 5 years, not more than 40 years
  • If death or serous injury, not less than 20 years, not more than life
  • Fine not more than $2 million if an individual, $5 million if other than an individual
  • Not less than 10 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $4 million if an individual, $10 million if other than an individual

Marijuana

more than 10 kgs hashish; 50 to 99 kg mixture

more than 1 kg of hashish oil; 50 to 99 plants

  • Not more than 20 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine $1 million if an individual, $5 million if other than an individual
  • Not more than 30 years
  • If death or seroius injury, mandatory life
  • Fine $2 million if an individual, $10 million if other than individual

Marijuana

1 to 49 plants; less than 50 kg mixture

  • Not more than 5 years
  • Fine not more than $250,000, $1 million other than individual
  • Not more than 10 years
  • Fine $500,000 if an individual, $2 million if other than individual

Hashish

10 kg or less

Hashish Oil

1 kg or less

source:  http://www.usdoj.gov/dea/agency/penalties.htm

FEDERAL TRAFFICKING PENALTIES-METHAMPHETAMINE

 

Quantity

Description

Penalty

1st Offense

Penalty

2nd Offense

50+ gm or 500+ gm mixture

Methamphetamine

Not less than 10 years, not more than life.  If death or serious injury, not less than 20 years or more than life.

Fine not more than not to exceed the greater of that authorized by Title 18 or $4,000,000 individual, or 10,000,000 other than individual.

Not less than 20 years, not more than life.  If death or serious injury, life.

Fine not more than greater of 2x that authorized by Title 18 or $8.000,000 individual or $20,000,000.

5+ grams or 50+ grams mixture

Methamphetamine

Not less than 5 years, not more than 40.

If death or serious injury, not less than 20 years, or more than life.

Fine not more than greater than authorized in accordance with Title 18 or $2,000,000 if individual or $5,000,000 if not individual.

No less than 10 years, not more than life.

If death or serious injury, life.

Fine not more than 2x authorized under Title 18 or $4 million for individual or $10 million if not individual.