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 |
|
|
| Marijuana | 100 kg to 999 kg mixture; or 100 to 999 plants |
|
|
| Marijuana | more than 10 kgs hashish; 50 to 99 kg mixture
more than 1 kg of hashish oil; 50 to 99 plants |
|
|
| Marijuana | 1 to 49 plants; less than 50 kg mixture |
|
|
| 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. |