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Introduction

St. John’s College Alcohol and Other Drugs Policy complies with the requirements set forth by the Drug-Free Schools and Community Act Amendments of 1989. This act requires the college to certify that it complies with applicable federal, state, and local regulations and that it has implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by all students and employees both on-campus and at college-sponsored off-campus events and activities.

The Alcohol and Other Drugs Policy describes the standards of student conduct regarding the possession, use or distribution of alcohol, controlled substances and marijuana; outlines the sanctions enforced under college policy, and local, state, and federal law; and provides information regarding health risks and treatment services for substance abuse available to students and employees of the college. Although Maryland has set forth laws governing the personal use of cannabis, and has legalized the use of medical marijuana in certain cases, as a recipient of federal funding the college is governed by federal drug laws. As such, any substance containing THC, including any form of cannabis, is prohibited on college property, in college owned vehicles, or at college sponsored events or activities off-campus.

The health and well-being of every St. John’s College student is the responsibility of the entire community and we are committed to providing a safe campus environment in which students can thrive. Each member of the community must make informed decisions regarding personal use of alcohol and other drugs that reflect a respect for themselves and others. This is, perhaps, most important with respect to attendance and participation in classes and other academic meetings where the expectation is students will arrive and participate without alcohol or other drugs in their system. In working with students involved in alcohol and other drug policy violations, the aim of the college is primarily educational, and efforts are made to connect students to resources either on-campus or in the local community.

Alcohol Policy

The college respects the rights of community members to exercise their legal options regarding alcohol consumption and recognizes that responsible alcohol use can be compatible with healthy adult behavior. As such, the following expectations support the safe and legal consumption of alcohol:

1. Students under the age of 21 may not possess or consume alcohol.
2. A state of intoxication by anyone, regardless of age, is prohibited.
3. Students in lawful possession of alcohol shall not disrupt the community. Students who use alcohol shall do so in a way that does not compromise or infringe on the rights and safety of others. Those who make the decision to drink are accountable for their behavior while under the influence of alcohol on the same basis as if they had not been drinking.
4. Students are expected to attend classes and other academic events and activities of the college free from the effects of alcohol, regardless of if it is consumed legally.
5. Students of legal drinking age who are living on-campus may possess and consume beer and wine. Hard alcohol is not permitted anywhere on-campus regardless of age.
6. For those of legal drinking age, containers of alcoholic beverages larger than three liters are not permitted.
7. Organized drinking games or items used for the purpose of quick or mass consumption of alcohol are prohibited. Public intoxication and events where there is pressure or an expectation to consume excessive amounts of alcohol are prohibited.
8. Providing alcohol to underage individuals is prohibited. Hosts are responsible for their guests’ alcohol consumption and the behavior of their guests.
9. Giving or offering alcohol to a prospective student is strictly prohibited.
10. Many St. John’s students do not drink alcohol. Most events on campus do not include alcohol and are open to all members of the St. John’s community. This includes the weekly Friday night lecture series.
11. Any student-sponsored event where alcohol is served must follow the Event Registration Process and associated rules. Serving alcohol to intoxicated persons or underage students is prohibited. Bulk containers, kegs, or any alcohol dispensing-device requiring a tap are not permitted on campus with the exception of a registered event with a licensed bartender present.
12. The unlicensed sale of alcoholic beverages is prohibited. College funds allocated for student activities may not be used to purchase beer or wine. This includes funds given to and distributed by the Delegate Council.
13. Presenting false identification for the purpose of obtaining alcohol is prohibited.
14. Students who violate any college policy, city laws or ordinances, or state or federal laws off-campus are subject to disciplinary action from the college and arrest by law enforcement.

Other Drug Policy

Students have the right to live and learn in an environment free from the effects of drugs and drug abuse. Students are expected to comply with federal, state, and local laws, to follow the requirements of the college’s drug policy and to respect the right to a drug free environment shared by all members of the campus community. Federal and state laws subject persons involved in the use, sale, or distribution of illegal drugs to criminal action, including arrest, fine, and imprisonment. St. John’s College fully supports these laws by prohibiting the possession, use, sale, and/or distribution of illegal drugs on campus. Anyone found in-violation of this policy shall receive disciplinary action.

1. The use, abuse, sale, manufacturing, possession and/or distribution of illegal drugs or drug paraphernalia is prohibited. A student is deemed to have distributed illegal drugs or drug paraphernalia if they sell, exchange, share, jointly purchase, or otherwise make available any illegal drug or drug paraphernalia to another.
2. The abuse, sale, and/or distribution of over-the-counter or prescription drugs (pharmaceuticals), or other substances is prohibited. This includes the use of the pharmaceutical/substance for anything aside from its intended purpose, by someone other than the intended recipient, and in a dosage other than what is prescribed. Any student who sells, provides, shares or otherwise makes available a pharmaceutical/substance to another person may be found responsible for violating the drug policy. A student is deemed to have distributed a pharmaceutical or substance if they sell, exchange, share, jointly purchase, or otherwise make available any pharmaceutical or substance to another.
3. Giving or offering illegal drugs, pharmaceuticals or other substances to a prospective student is strictly prohibited.
4. Although the State of Maryland has decriminalized the possession of cannabis for personal use, any substance containing tetrahydrocannabinol (THC), regardless of form or percentage, is prohibited on campus, in college vehicles, or at college sponsored events and activities off-campus.
5. Students residing off-campus are expected to know and abide by the Maryland Cannabis law. Off-campus students may face disciplinary consequences for violations of this law, including, but not limited to, providing cannabis-containing substances to other students under the age of 21.
6. Students are expected to attend classes and other academic events and activities of the college free from the effects of illegal substances, and free from the effects of THC/cannabis regardless of if it is consumed legally.
7. The college does not allow cannabis dispensaries, manufacturers, or growers to sponsor any clubs, teams, or events. Cannabis dispensaries, manufacturers, or growers are prohibited from advertising on campus or at any event, location, or activity affiliated with St. John’s College. This applies to events on and off campus.
8. The college reserves the right to request outside assistance in connection with an individual’s possession, use, sale or distribution of illegal drugs and drug paraphernalia.  This includes working with local, state, or federal authorities for the purpose of investigating the illegal use, sale, or manufacture of drugs.

Parent or Guardian Notification

To provide support and assistance, the college will notify parents or legal guardians of students under the age of 21 who are involved in incidents with alcohol or other drugs, regardless of if the incident has been addressed under the Medical Amnesty Policy. The primary goal of notifying parents or legal guardians is to promote the health and well-being of the individual and of the community.

Medical Amnesty Policy

It is imperative that someone call for medical assistance when an individual experiences severe intoxication/impairment or a serious injury after consuming alcohol or other substances, including cannabis. Students may be reluctant to seek help in such alcohol or other substance related emergencies because of potential conduct consequences for themselves and/or the person in need of assistance. Since these emergencies are potentially life threatening, the Medical Amnesty Policy eliminates or greatly reduces disciplinary consequences for students who obtain medical help for themselves or for other intoxicated or impaired students. Students may be referred to an educational, recovery, and/or developmental program and a record of the medical amnesty and educational requirement will be maintained. This policy is part of the college’s comprehensive approach to reducing harmful consequences caused by the consumption of alcohol or other drugs. The Medical Amnesty Policy represents the college’s commitment to increasing the likelihood that community members will call for medical assistance when faced with an alcohol or substance-related emergency.

How does the Medical Amnesty Policy work?

The Medical Amnesty Policy eliminates or greatly reduces disciplinary consequences when medical help is obtained for an intoxicated or impaired student. The discretion to allow a student with a potential policy violation to receive medical amnesty rests solely with the college official managing the incident, as follows:

• Person in need of medical attention: When an individual who receives emergency medical attention related to their consumption of alcohol or other substances meets with a college official, they will not be subject to disciplinary consequences for underage consumption and/or possession of alcohol and/or illegal drugs (in most circumstances).
• Calling on behalf of someone else: When an individual calls for emergency assistance on behalf of another person related to their consumption of alcohol or other substances, the person who made the call will not be subject to disciplinary consequences for underage consumption and/or possession of alcohol and/or illegal drugs (in most circumstances).

The college official managing the incident will determine if Medical Amnesty applies based on the circumstances of the incident and the past conduct record of the student involved.

Alcohol and Other Drug Policy Violations and Sanctions

The college’s response to alcohol or other drug policy violations will depend in part upon the level of the violation. For the purposes of this policy, there are three violation levels, categorized by frequency (the number of times you have been involved in these and/or other types of incidents) and the severity of the incident. They are:

• Low-level violation
• Mid-level violation
• High-level violation

Examples of different types of violations include, but are not limited to:

Please note, multiple violations at the low- and mid-level will result in more severe sanctions.

In all cases, a student involved in an alcohol and other drug policy violation will be required to meet with a college official. The determination of sanctions rests solely with the college official meeting with a student. Sanctions will be determined based on the circumstances of the incident, a conversation with the student, a review of the student’s past actions (including the student’s conduct record) and considering what is most likely to affect a positive and lasting change in a student’s behavior. Within these guidelines, certain minimum sanctions have been established, based on the violation level, as follows:

Students may be asked to leave the college should they violate any college policy while on Disciplinary Probation. Students may also be referred to law enforcement authorities for prosecution.

Local, State, and Federal Law Relating to Alcohol and Other Drug Use

Students are subject to local, state, and federal laws governing the possession, use, and distribution of alcohol and other illegal drugs.

State Penalties and Sanctions for Alcohol and Illegal Possession of a Controlled Substance:

• No individual under the age of 21 may purchase, possess, or consume alcoholic beverages. Violators of this law face a fine of $500 for a first offense and $1,000 for second or subsequent offenses. See Maryland Annotated Code, Criminal Law, Title 10.
• Individuals age 21 and older who serve alcoholic beverages to individuals under the age of 21 and individuals who make misrepresentations of age to induce the sale of alcoholic beverages, are subject to fines of up to $2,500. See Maryland Annotated Code, Criminal Law, Title 10.
• Conviction by a Maryland court of driving while intoxicated or under the influence of an illegally used dangerous controlled substance will result in the automatic revocation of the guilty person’s driver’s license, plus a possible fine and imprisonment. In all cases, exact legal sanctions depend on the circumstances of the criminal act(s) and the substances involved. See Maryland Annotated Code, Transportation, Sections 16-205; 27-101.
• A person may not drink any alcoholic beverage while on public property unless authorized by a governmental entity that has jurisdiction over the property, adjacent parking area, or other outside area of a privately owned retail establishment, such as a shopping center, or in any parked vehicle located on any of these places, unless authorized by the owner of the establishment. Maryland Annotated Code, Article 2B, Section 19-202.
• A person may not possess any open container of an alcoholic beverage while on public property unless authorized by a governmental entity that has jurisdiction over the property, adjacent parking area, or other outside area of a privately owned retail establishment, such as a shopping center, or in any parked vehicle located on any of these places, unless authorized by the owner of the establishment. Maryland Annotated Code, Article 2B, Section 19-301.
• A person may not possess or administer to another a controlled dangerous substance or manufacture, distribute, or dispense a controlled dangerous substance. Maryland Annotated Code, Criminal Law, Title 5, Subtitle 6 (See Maryland Annotated Code, Criminal Law, Title 5, Subtitle 4, for a list of controlled dangerous substances). Depending on the substance, an offender is subject to imprisonment up to 10 years and/or a fine up to $100,000. Repeat offense may result in harsher penalties. Maryland Annotated Code, Criminal Law, Title 5, Subtitle 6.
• No individual under the age of 21 may possess personal use cannabis; individuals 21 years of age or older may not possess cannabis above the amount defined as “personal use” within the regulation. Maryland Annotated Code, Title 5, Subtitle 6.

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance:

21 U.S.C. 844 (a)

• 1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
• After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
• After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000 or both.
• Special sentencing provision for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000 or both if:
  • 1st conviction and the amount of crack possessed exceed 5 grams.
  • 2nd crack conviction and the amount of crack possessed exceed 3 grams.
  • 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853(a)(2) and 881(a)(7)

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack).

21 U.S.C. 881 (a) (4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844 a

Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a

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.

18 U.S.C. 922(g)

Ineligible to receive or purchase a firearm.

Miscellaneous: Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.