Publications and Policies > Right to Know > Campus Crime and Safety 2000-2002
Purpose
The following information is provided in response to the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), which require that the university show that it has adopted and implemented a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. The university must certify that it is in compliance with this law in order to receive any Federal funds. The law requires, in part, the annual distribution of the following descriptive statements to each university student and employee. There is no distinction between full-time and part-time or permanent and temporary students and employees.
Policy The unlawful possession, use, or distribution of drugs and/or alcohol by students or employees on university property or as a part of any university activity is prohibited. Violators will be prosecuted in accordance with applicable laws and ordinances and will be subject as well to disciplinary actions by the university, in conformance with the Miami University Information and Policy Manual and/or sections 105, 106 and 202 of the Code of Student Conduct and Appendix F of The Student Handbook. Sanctions for violations may include suspension, and/or termination/dismissal, as well as compulsory attendance at drug/alcohol education programs or other appropriate disciplinary measures.
Applicable federal, state, and local laws and sanctions The following is a description of the applicable legal sanctions under federal, state, and local laws for the unlawful possession, use, or distribution of illicit drugs, including alcohol, as of June 1, 1996.
Federal law Federal law prohibits the trafficking and illegal possession of controlled substances as outlined in 21 United States Code, Sections 811 and 844. Depending on the amount, first offense maximum penalties for trafficking marijuana range from five years' imprisonment and a fine of $250,000 to imprisonment for life and a fine of $4 million. Again, depending on the amount, first offense maximum penalties for trafficking class I and class II controlled substances (methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl and fentanyl analogue) range from five years to life imprisonment and maximum fines range from $2 to $4 million. First offense penalties and sanctions for the illegal possession of a controlled substance range from up to one year in prison or a fine of at least $1,000 but not more than $250,000, or both.
State law, drugs Ohio Revised Code (ORC) Section 2925.02 provides that no person shall knowingly corrupt another with drugs by inducing or forcing them to use a controlled substance.
PENALTY FOR VIOLATION: Mandatory imprisonment from 6 months to 12 years, depending upon amount and type of drug involved and history of previous drug abuse offenses.
ORC 2925.03 provides that no person shall knowingly "traffick" in controlled or illicit substances, including marijuana. Trafficking includes selling, delivering, distributing, preparing, cultivating, manufacturing, or simple possession of controlled substances.
PENALTY FOR VIOLATION: Mandatory fines range from $1,000 to 50,000, depending on offense and drug involved. Mandatory jail sentences range from 6 months to 10 years.
ORC 2925.11 provides that no person shall knowingly obtain, possess, or use a controlled substance.
PENALTY FOR VIOLATION: Drug abuse involving amounts of marijuana less than 100 grams or marijuana resin less than 5 grams or less than 1 gram of liquid marijuana carries a penalty of $100. Other violations involving marijuana result in mandatory jail terms of not more than 30 days and mandatory fines of $250. Drug abuse offenses involving other drugs may result in jail terms of up to 10 years and fines of $5,000.
ORC 2925.12 provides that no person shall make obtain, possess, or use drug abuse instruments.
PENALTY FOR VIOLATION: Jail term of up to 90 days and fines of $750. ORC 2925.14 provides that no person shall knowingly use, possess with purpose to use, sell, or manufacture drug paraphernalia.
PENALTY FOR VIOLATION: Jail term of up to 6 months and fines up to $1,000.
ORC 2929.31 provides, except for lawful research, clinical, medical, dental, or veterinary purposes, no person with intent to induce intoxication or similar effect, shall obtain, possess, or use a harmful intoxicant.
PENALTY FOR VIOLATION: Up to $250 and 30 days jail.
ORC 2929.37 provides that no person shall knowingly possess, make, sell, or deliver counterfeit controlled substances.
PENALTY FOR VIOLATION: Minimum penalty of 6 months in jail and $1,000 fine.
State law, alcohol ORC 4301.63 provides that no person under the age of 21 years shall purchase beer or intoxicating liquor.
PENALTY FOR VIOLATION: A fine of not less than $25 nor more than $100 may be imposed. The court may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court and shall designate the time within which the public work shall be completed.
ORC 4301.632 provides that no person under the age of 21 years shall order, pay for, share the cost of, or attempt to purchase any beer or intoxicating liquor, or consume any beer or intoxicating liquor, or possess any beer or intoxicating liquor in any public or private place.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4301.633 provides that no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age for the purpose of obtaining beer or intoxicating liquor for a person under 21 years of age, by purchase or as a gift.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4301.634 provides that no person under the age of 21 years shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this state where beer or intoxicating liquor is sold under a permit issued by the department of liquor control.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4301.64 prohibits the consumption of any beer or intoxicating liquor in a motor vehicle.
PENALTY FOR VIOLATION: Misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 30 days and a $250 fine.
ORC 4301.69(A) prohibits selling beer or intoxicating liquor to a person under the age of 21 years, or buying it for or furnishing it to such a person.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4301.69(E) provides that no underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless he is accompanied by a parent, spouse, or legal guardian, who is not an underage person, or unless the beer or intoxicating liquor is given for medical or religious purposes.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol and/or any drug of abuse.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine, in addition to license suspension or revocation as provided in Section 4507.16. Penalties for repeat offenders are found in ORC 4511.99.
Local law City of Oxford
The City of Oxford enforces all the state criminal statutes cited above. In addition, the City of Oxford General Offenses Code lists some additional sanctions for alcohol and other drug use.
Section 509.03 prohibits disorderly conduct by intoxicated persons. Disorderly conduct is a minor misdemeanor; monetary penalties depend upon the nature of the offense.
In addition to the state statutes on drug use, Section 513.03 prohibits the gift, sale, purchase, possession, or use of a controlled substance. A violation of this section may be classified as a misdemeanor of the second degree, third degree, or fourth degree, or may be a minor misdemeanor; monetary penalties range from $250 to $750.
529.02 prohibits any person from consuming beer or intoxicating liquor in a motor vehicle. Violation of this ordinance is a misdemeanor in the second degree with a maximum fine of $750.
529.03 prohibits any person from having in his/her possession any open container of beer or intoxicating liquor in a public place. Violation of this is a minor misdemeanor; monetary penalties depend upon the nature of the offense.
City of Middletown
The City of Middletown enforces all state criminal statutes on alcohol and other drug abuse. The Middletown Municipal Ordinances Code has additional sanctions for alcohol and other drug abuse.
Section 434.01 prevents any person from: a) operating any vehicle while under the influence of alcohol and/or a drug of abuse; and b) being in actual physical control of any vehicle while under the influence of alcohol and/or a drug of abuse. In addition to the possibility of license suspension or revocation, a violation of either of these provisions as a first offense is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
612.02 prohibits a person from knowingly furnishing any false information as to name, age, or other identification for the purpose of obtaining beer or intoxicating liquor. Violation of this section is also a misdemeanor of the first degree.
612.02 prohibits the possession or consumption of any beer or intoxicating liquor by any person under the age of 21. Whoever violates this section shall be fined not less than $25 nor more than $100 or may be required to perform public work in lieu of a fine.
612.04 prohibits any person from consuming any beer or intoxicating liquor in a motor vehicle. Whoever violates this section is guilty of a misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 30 days and a $250 fine.
612.07 states that no person shall have in his or her possession an opened container of beer or intoxicating liquor in any public place other than those premises where lawful consumption is permitted. Violation of this section is a minor misdemeanor; monetary penalties depend upon the nature of the offense.
624.03 prohibits any person from knowingly obtaining, possessing, or using a controlled substance. Whoever violates this section is guilty of drug abuse. Penalties depend on specific criteria, such as the type and amount of the controlled substance and whether the offender has been previously convicted of a drug abuse offense.
City of Hamilton
The City of Hamilton enforces all state criminal statutes on alcohol and other drug abuse. The Hamilton Municipal Ordinances Code has additional sanctions for alcohol and other drug abuse.
Section 333.01 prevents any person from: a) operating any vehicle while under the influence of alcohol and/or a drug of abuse; and b) being in actual physical control of any vehicle while under the influence of alcohol and/or a drug of abuse. In addition to the possibility of license suspension or revocation, a violation of either of these provisions as a first offense is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
529.02 prohibits a person from knowingly furnishing any false information as to name, age, or other identification for the purpose of obtaining beer or intoxicating liquor. Violation of this section is also a misdemeanor of the first degree.
529.021 prohibits the possession or consumption of any beer or intoxicating liquor by any person under the age of 21. Whoever violates this section shall be fined not less than $25 nor more than $100 or may be required to perform public work in lieu of a fine.
529.04 prohibits any person from consuming any beer or intoxicating liquor in a motor vehicle. Whoever violates this section is guilty of a misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 30 days and a $250 fine.
529.07 states that no person shall have in his or her possession an opened container of beer or intoxicating liquor in any public place other than those premises where lawful consumption is permitted. Violation of this section is a minor misdemeanor; monetary penalties depend upon the nature of the offense.
513.03 prohibits any person from knowingly obtaining, possessing, or using a controlled substance. Whoever violates this section is guilty of drug abuse. Penalties depend on specific criteria, such as the type and amount of the controlled substance and whether the offender has been previously convicted of a drug abuse offense.
