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Alcohol and Drug Laws

The abuse of alcohol and the use of illegal drugs by members of the Barry University community are incompatible with the goals of the institution. The university does acknowledge the problem of substance abuse in our society and perceives this problem as a serious threat to employees and students. The university does hold its students and employees responsible for the consequences of their decisions to use or distribute illicit drugs or to serve or consume alcohol. It is the intent of the university to establish and maintain a drug-free workplace. It is the university's further intent to comply in every respect with the Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226) as presently constituted to be amended in the future.

Policy

Barry University condemns the possession, use or distribution of illicit drugs and the abuse of alcohol and drugs/substances, whether prescriptive or non-prescriptive. Any student or employee found to be in the possession of, using, selling, trading, or offering for sale illicit drugs or alcohol on the university's property or as part of the university's activities will be subject to disciplinary action as well as applicable local, state, and federal laws.

Federal and State Laws

The Florida State Statutes on drug and alcohol abuse are based upon and are consistent with current federal statutes, which are found in Title 21 and 27 of the United States Code.

Barry University adheres to Florida Statutes Chapter 562 which details the Florida laws on alcoholic beverages and related penalties (misdemeanor, felony). These statutes include selling, giving or serving alcoholic beverages to persons under 21 years of age (562.11) and for possession of alcoholic beverages by persons under 21 years of age (562.11). It is unlawful for any person to misrepresent or misstate his or her age. This includes the manufacture or use of false identification. Use of altered identification for the purpose of procuring alcoholic beverages is a felony. It is unlawful for any person to consume or possess open containers of alcoholic beverages while in municipal parks, playgrounds, sidewalks, or streets. It is unlawful for a person to be found in the state of intoxication on a street or public place while within the city limits. It is unlawful for a person to drive while under the influence of alcohol or other drugs. Penalties include: (a) a mandatory suspension of license for 90 days for the first conviction; (b) fines of up to $500.00 for the first offense; (d) imprisonment of not more than six hours.

The Florida statutes, to which Barry University adheres with regard to drug abuse, are found in Florida Statutes Chapter 893. This chapter includes definitions of what constitutes illegal drugs, drug paraphernalia, prohibited activities, and related penalties. Conviction for the possession or distribution of illegal alcohol or drugs will result in various penalties according to the nature of the offense. This can include imprisonment, fines, confiscation of property, and other related penalties.

According to Section 893.11(1) Florida statutes, "it is unlawful for any person to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 200 feet of the real property comprising a public or private collage, university, or other postsecondary educational institution." Individuals who violate this law commit a felony of the first degree, and shall be sentenced to a minimum term of "imprisonment for 3 calendar years and shall not be eligible for parole or release under the control release authority pursuant to s.947.146 or statutory gain-time under s.944.275 prior to serving such minimum sentence."

Federal penalties and sanctions for the illegal possession of a controlled substance include imprisonment up to 1 year and/or minimum fine of $1,000 for a first conviction; imprisonment for 15 days to 2 years and a fine of at least $2,500 but not more than $250,000 for a second conviction; and imprisonment for 90 days to 3 years and a minimum fine of $5,000 for a third or subsequent drug conviction. For possession of a mixture or substance which contains a cocaine base, federal sanctions include 5-20 years in prison and a minimum fine of $1,000 for a first conviction if the mixture or substance exceed 5 grams, for a second conviction if the mixture or substance exceed 3 grams, and for a third or subsequent conviction if the mixture or substance exceeds 1 gram. (21 U.S.C. 844(a). Additional possible penalties for the illegal possession of drugs are forfeiture of real or personal property used to possess or to facilitate possession of a controlled substance if the offense is punishable by more than 1 year imprisonment (21 U.S.C. 853(a)(2) and 881 (a)(7); forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance (21U.S.C. 881(a) (4); civil fine of up to $10,000 (pending adoption of final regulation 21 U.S.C. 844a); denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses (21 U.S.C. 853a); and, ineligibility to receive or purchase a firearm (18 U.S.C. 922(g)).

Charts detailing Federal penalties for drug trafficking may be found in the Office of the Vice President for Student Services.

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