Alcohol and Other Drugs Policy

1. Introduction

   The Carleton College policy on alcohol and other drugs exists within the context of local, state, and federal laws. The regulations contained in this policy are designed to comply with all applicable Northfield city ordinances and the laws of Minnesota and the United States, including the Drug-Free Schools and Communities Act Amendments of 1989.

   Philosophical Statement

   Carleton College is committed to promoting responsible behavior regarding the use of alcoholic beverages. As an educational institution, the College provides resources through which students are empowered to inform themselves about the physiological, psychological, and sociological effects of alcohol and other drugs upon the individual and the community.

   In a civil, safe, and healthy community, members take responsibility for their own actions, and consider the impact that their choices will have on others. All members have a duty to accept their obligations to the group, and to act for the common good. As members of such a community, Carleton students, faculty, and staff will be held accountable for upholding the standards set forth for appropriate behavior.

   Above all else, in all actions, both on and off campus, members of the Carleton community shall:

   • Demonstrate respect for others in their actions.
   • Acknowledge the impact of alcohol on communal living, and work to limit its negative effects.
   • Retain autonomy, and thereby accountability for their choices and the outcomes of such choices.

   The policies which follow, and the philosophy upon which they are based, are intended to foster the continued growth and development of a respectful and responsible community.

2. Regulations

   The provisions regulating student conduct in the Community Standards Policy apply. The following regulations apply to alcohol and other drugs:

   1. Not withstanding this or any other College regulation or policy, the provisions of Northfield city ordinances and laws of Minnesota and the United States including the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), shall govern.

   • The College prohibits the unlawful possession, use, and/or distribution of alcohol and illicit drugs by students and employees on College property or as part of any College activities.

   1. Persons under 21 years of age are prohibited from drinking alcoholic beverages. Persons 21 years of age or older may drink alcoholic beverages only in their private residential rooms or at registered events.
   2. Alcohol is not permitted in any public area without prior registration. Public areas include but are not limited to: Sayles-Hill, Severance Great Hall, dining halls, residential floor lounges, study rooms and corridors, all academic buildings and athletic areas, and all outdoor areas owned and operated by the College, including outdoor recreational areas. Possession of open containers of alcohol is prohibited at all times an at all campus locations, except at and during registered events or in private residential rooms.
   3. Public areas may be registered for an event at which alcohol will be available by submitting the appropriate event registration form to the Office of Residential Life (for events in residences) or the Campus Activities Office (for all other events). A full description of the regulations and responsibilities to which event sponsors are subject is found in the following appendix, and on the reserve side of the event registration form.
   4. The College recognizes the disruptive effects that alcohol and other drugs can have on the Carleton community. Therefore, all registered events are subject to (but not limited to) the following regulation principles:
      1. Event sponsors may be held responsible for the actions of both individuals and the group. Behavior that violates the living and study rights of other residents is unacceptable.
      2. Damages: If individuals responsible for the damage cannot be identified, the event sponsors shall be liable for damage and clean-up charges. The event area must be cleaned and returned to its pre-event condition.
   5. Small gatherings in private residential rooms need not be registered with the College. such gatherings are, however, subject to all other regulations regarding alcohol use described in this policy.
   6. The sale of alcohol is permitted in the Cave as determined by the management, within the context of local and state laws.
   7. Students participating in off-campus study programs are subject to local laws, as applicable. Students who jeopardize their own health, the health and safety of others, or the integrity of the living and learning environment on the program may be required to leave the program. The program director, in consultation with the Dean of Students, has the authority to remove a student from the program under these circumstances.
   8. High-risk alcohol-related activities, such as progressives and drinking theme parties, are prohibited.
   9. The college recognizes the particular danger of driving while under the influence of alcohol and other drugs. Therefore, students are expected never to use substances and drive.

3. Sanctions and Responsive Action

   1. Sanctions: A violation of this Policy is a “violation” within the meaning of the Community Standards Policy, III.C.5. All sanctions listed there (restitution, service, counseling, chemical dependency evaluation, revocation of privileges, warning, censure, disciplinary probation, suspension, and expulsion) are applicable. In addition, for violations of this Policy, sanctions may include mandatory education, counseling, fines, community services, and/or evaluation, conducted on or off-campus.
   2. Responsive Actions:

   The College recognizes that students are expected to obey the law and take personal responsibility for their conduct. The College will respect the privacy of student's personal lives. The college will hold students accountable if and when:

   • students' use of alcohol or other drugs threatens order, causes public disturbances, poses danger to the students and /or others, or results in property damage;
   • illegal use of alcohol and other drugs comes to the attention of College officials.

   1. Drunk and disorderly behavior when under the influence of alcohol is a violation of the alcohol policy. Persons under the influence of alcohol will be held responsible for their actions.
   2. Any violations of this policy by students, including violations of the “Social Event Registration Guidelines,” will be brought to the attention of the Dean of Students staff. Violations by faculty or staff will be brought to the attention of the Dean of the College or Vice President of the College, respectively.
   3. Violations will be reviewed and sanctions imposed by the Dean of Students, the Dean of the College, the Vice President of the College, or the Judicial Hearing Board.

4. Resources

   Alcohol and drug counseling, treatment, and rehabilitation/re-entry programs for students, staff, and faculty are available from a variety of sources. Anyone who recognizes a personal alcohol or drug problem, is concerned about another student or co-worker, or who may wish to know more about alcohol and drug abuse may contact:

   1. Internal Sources
      1. Students:
         -Office of the Dean of Students: 4248, 4075
         -Residential Life: 5465
         -The Wellness Center: 4080
      2. Faculty and Staff
         -Dean of the College: 4304
         -Employee Assistance Program: 1-800-554-6931
         -Personnel Services: 4175
   2. External Sources
      Alcoholics Anonymous: 645-6282
      Fairview Ridges Hospital: (612) 892-2510
      Hazelden: (612) 257-4010 or 800-257-7800
      Minneapolis Psychiatric Institute: (612) 863-5327
      Northfield Family Focus: 663-8882
      WomanSafe Center: 800-607-2330

   Endnote

   ¹ Summary of Drug-Free Schools and Communities Act Amendments of 1989 (Public Law No. 101-226)

   A. The new Drug-Free Schools and Communities Act Amendments of 1989 (Public Law No. 101-226) require colleges and universities to adopt a program to prevent the unlawful use of illicit drugs and alcohol by students and employees. A College's failure to comply with the Act can result in the immediate loss of eligibility to receive federal funding and any other form of Federal financial assistance, including federally funded financial aid.

   B. All colleges must give notice to each student and employee that unlawful use of drugs and alcohol is prohibited, describe applicable legal sanctions and health risks, list counseling programs available, advise students and employees that violation of the policy could lead to penalties up to and including expulsion from the College, termination of employment and/or referral to civil authorities for prosecution, and review the policy biennially.

   C. Policy Requirements: A college's drug prevention program must prohibit, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by employees and students on college property or as part of its activities.

   Presented to and adopted by the College Council on May 29, 2001. Approved by the Executive Committee of the Board of Trustees June 21, 2001.

5. Health Risks Associated With Use/Abuse of Alcohol, Tobacco, or Other Drugs

   Alcohol
   

   Drug Type	Ethanol, Ethyl, Booze, Cocktails, Brew, Liquor, Juice, Drink
   The Facts	Alcohol is a drug. Alcohol acts as a central nervous system depressant. It is a colorless, inflammable, and intoxicating liquid absorbed into the bloodstream through the stomach and the small intestine. Alcohol is the psychoactive ingredient in wine, beer, and distilled liquor. Several factors influence the effects of alcohol, including the amount of alcohol consumed, the rate at which it is consumed, the presence of food in the stomach during consumption, and the individual's sex, weight, mood and previous experience with the drug. Alcohol can be very damaging when used in large amounts over a long period of time, or when drunk heavily in a short period of time (“binge” drinking). Fetal Alcohol Syndrome may result from a woman using alcohol at the time of unprotected sexual intercourse or during pregnancy.
   Possible Signs of Use/Abuse	Flushing (skin appears to be reddish); dulling of senses; staggering; double vision; unconsciousness; dizziness; sudden mood changes; slurred speech; impaired coordination, reflexes, memory, and judgment; clammy, cold skin; decreased body temperature; and impaired decision making.
   Possible Health Risks of Use/ Abuse	Malnutrition; lowered resistance to disease; irreversible brain or nervous system damage; gastrointestinal irritation; damage to liver, heart, and pancreas; addiction/alcoholism; coma; and death from overdose, injury, or accident.

   
   
   

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   Marijuana
   

   Drug Type	Cannabis Sativa, Grass, Pot, Weed, Joint, Reefer, Acapulco Gold, Smoke, Mary Jane, Dope, Sinsemilla
   The Facts	Marijuana is the common name for the hemp plant. Cannabis sativa. A marijuana cigarette (joint) is composed of dried particles from the hemp plant. The psychoactive ingredient in marijuana is tetrahydrocannabinol (THC). The amount of THC in a joint is what affects the user. THC is used medically as an antinauseant for cancer patients receiving chemotherapy. Today's marijuana is more potent than the pot of the 1960's. Hashish or hashish oil are derivatives from the Cannabis sativa plant and produce similar effects as marijuana.
   Possible Signs of Use/Abuse	Increased heart and pulse rate; bloodshot eyes; increased appetite; dryness in the mouth and throat; hallucinations, paranoia, or panic; impaired memory; an altered sense of time; and decreased concentration, reaction time and coordination.
   Possible Health Risks of Use/ Abuse	Damage to heart, lungs, brain and nerve cells; lung cancer; memory disorders; interference with psychological maturation; temporary loss of fertility in both women and men; psychological dependence; and bronchitis, infections, colds, and other viruses.

   
   
   

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   Cocaine/Crack
   

   Drug Type	Coke, Snow, Toot, White Lady, Flake, Blow, Big C, Snowbirds, Lady, Nose Candy, Rock, Readyrock
   The Facts	Cocaine is extracted from the leaves of the South American coca plant. Cocaine is a white powder that can be inhaled, injected, or smoked (free based). Cocaine stimulates the central nervous system, increasing alertness and activity. In order to extend a seller's supply and profits, cocaine sold on the streets is often mixed with other substances such as sugar, salt, cornstarch, or possibly other drugs. Its unknown purity content increases the dangers of using cocaine. Cocaine is an addictive drug. Initially, users of cocaine experience a “high.” But when the “high” wears off a devastating “low” follows. To avoid this “low” users are often compelled to use more. Crack is a smokeable form of cocaine. Crack is extremely addictive. Smoking crack provides intensified cocaine effects because higher doses of the drug reach the brain with more immediacy.
   Possible Signs of Use/Abuse	Euphoria; dilated pupils; narrowing of blood vessels; increased blood pressure, heart rate, breathing rate, and body temperature; decreased appetite; insomnia; runny nose; violent, erratic, or paranoid behavior; sweating; anxiety; and tremors.
   Possible Health Risks of Use/ Abuse	Malnutrition, respiratory problems; addiction; stroke; liver problems; seizures; heart and respiratory failure; psychosis; coma; convulsions; and sexual dysfunction. For users who share or use unsterile needles to inject cocaine; tetanus, hepatitis, tuberculosis, or HIV/AIDS. For pregnant women: miscarriage, stillbirths, premature labor or delivery, or hemorrhaging. Babies exposed to cocaine (cocaine babies) may be irritable and unresponsive. Cocaine babies may suffer strokes, have malformed kidneys and genitals, and may be at risk for seizures or sudden infant death syndrome (SIDS).

   
   
   

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   Tobacco
   

   Drug Type	Cigarettes, cigars, chew, snuff
   The Facts	Tobacco is used in a variety of ways. It is smoked through pipes, cigars and cigarettes. Tobacco is also chewed and inhaled in the form of snuff. Nicotine is the active ingredient in all forms of tobacco. Nicotine stimulates the heart and central nervous system. Nicotine is just as addictive as heroin and cocaine. Smoking costs $65 billion per year in health care costs and lost productivity. In Minnesota, it is a petty misdemeanor for persons under the age of 18 to possess, use or purchase tobacco products. Local ordinances may increase these offenses to misdemeanors, with fines up to $700 and jail time up to 90 days. Furnishing tobacco to a minor is also a misdemeanor. It is a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine, to sell tobacco products to people under the age of 18.
   Possible Signs of Use/Abuse	Flushing; nausea; gagging; vomiting; coughing; sweating; abdominal cramps; watering eyes; dizziness; bad breath; increased heart rate and blood pressure; dilated pupils, increased salivations; and decreased appetite.
   Possible Health Risks of Use/ Abuse	Health risks of smoking tobacco include: arteriosclerosis, emphysema, pneumonia, chronic bronchitis, heart disease, and lung cancer. Health risks of chewing or inhaling tobacco include: oral cancer, decreased taste sensation and ability to smell, and dental problems.

   
   
   

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   Caffeine
   

   Drug Type	Caffeine is found in many sources including: coffee, tea, cola, chocolate, aspirin, nonprescription cough and cold remedies, diet pills, nonprescription stimulants that aid in alertness, and some street drugs.
   The Facts	Caffeine may be the world's most popular legal drug. It is a white, bitter, crystal-like substance. Physical dependence may result from chronic consumption of moderately high daily doses of caffeine. Regular users of caffeine may find that an abrupt stop in use can cause withdrawal symptoms including: a severe headache, irritability, nervousness and restlessness.
   Possible Signs of Use/Abuse	Increased metabolism; alertness; headache; nausea; decreased appetite; increased body temperature and blood pressure; irritability; sleeplessness; nervousness; frequent urination; boredom; tremors; nausea; impaired coordination; and anxiety.
   Possible Health Risks of Use/ Abuse	Diarrhea; abnormal heart rate; and depression. Poisonous doses of caffeine rarely occur but may result in convulsions, respiratory arrest and death.

   
   
   

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   Steroids
   

   Drug Type	Anabolic-Androgenic (roids, juice, d-ball)
   The Facts	Steroids may contribute to increases in body weight and muscular strength. The acceleration of physical development is what makes steroids appealing to athletes and young adults. Anabolic-Androgenic steroids are chemically related to the male sex hormone testosterone. Anabolic means to build up the muscles and other tissues of the body. Androgenic refers to the development of male sex characteristics. Steroids are injected directly into the muscle or taken orally. In Minnesota, unlawful possession or sale of any amount of anabolic steroids is a felony.
   Possible Signs of Use/Abuse	Sudden increase in muscle and weight; increase in aggression and combativeness; violence; hallucinations; depression; jaundice; purple or red spots on body, inside mouth, or nose; swelling of feet or lower legs (edema); tremors; and bad breath. For women: breast reduction, enlarged clitoris, facial hair, baldness, and deepened voice. For men: enlarged nipples and breasts, testicle reduction, enlarged prostate, and baldness.
   Possible Health Risks of Use/ Abuse	High blood pressure; liver and kidney damage; heart disease, increased risk of injury to ligaments and tendons; bowel and urinary problems; gallstones and kidney stones; and liver cancer. For men: impotence, sterility, and prostate cancer. For women: menstrual problems and sterility. For users who share or use unsterile needles to inject steroids: hepatitis, tetanus, tuberculosis and HIV/AIDS. Like the abuse of all drugs, the health risks of using steroids far outweigh the perceived benefits.

   
   
   Solvents-Inhalants
   

   Drug Type	Many people classify solvents-inhalants as drugs. However, the solvents-inhalants most abused are toxic chemicals found in common household and industrial products. The most frequently abused solvents-inhalants are: toluene, acetone, methyl and ethyl ketones, benzene, xylene, hexane, trichloromethane, trichloroethylene, the freons, nitrous oxide, and the volatile nitrates.
   The Facts	Inhalants are toxic chemicals that are sniffed or huffed (inhaling fumes through the mouth) in order to produce mood-altering effects. Solvents are the chemicals abused as inhalants. Solvents-inhalants act as depressants and slow down the body's functions.
   Possible Signs of Use/Abuse	Lightheadedness; feelings of euphoria; excitability; loss of appetite; forgetfulness; weight loss; sneezing; coughing; headache; nausea and vomiting; bad breath; red eyes; sores on noses and mouth; delayed reflexes; decreased blood pressure; flushing; dizziness; and violence.
   Possible Health Risks of Use/ Abuse	Heart failure; respiratory arrest; liver and brain damage; suffocation; unconsciousness; seizures; and damage to the nervous system and body tissues. “Sudden Sniffing Death” may also result. This occurs because solvents cause abnormal pumping of the heart that can lead to heart failure.

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   Depressants
   

   Drug Type	Alcohol (Brew, Juice, Liquor) Barbiturates (Downers, Barbs) Benzodiazepines (Valium, Librium, Tranquilizers) Chloral Hydrate Noctec (Knock Out, Mickey Finn) Glutethimide (Doriden) Methaqualone (Quaalude, Ludes) Other Depressants (Equanil, Miltown, Noludar, Placidyl, Valmid). Flunitrazepam (Rohypnol, Roche Pills, Date Rape Drug, R2, Mexican Valium)
   The Facts	Depressants slow down the central nervous system by relaxing muscles, calming nerves, and producing sleep. Alcohol is a depressant. Depressants are composed of sedative-hypnotic and tranquilizer drugs. Depressants are addictive. Users of depressants develop a tolerance to the drugs, meaning larger doses must be taken each time to produce the same effect. Flunitrazepam is a Benzodiazepine ten times stronger than Valium that is long acting and produces marked memory loss.
   Possible Signs of Use/Abuse	Relaxation and drowsiness; lack of concentration; disorientation; loss of inhibitions; lack of coordination; dilated pupils; slurred speech; weak and rapid pulse; distorted vision; low blood pressure; shallow breathing; staggering; clammy skin; fever; sweating; stomach cramps; hallucinations; tremors; and delirium.
   Possible Health Risks of Use/ Abuse	Liver damage; convulsions; addiction with severe withdrawal symptoms; and coma.

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   Hallucinogens
   

   Drug Type	Lysergic Acid Diethylamide (LSD) Phencyclidine (PCP, Angel Dust) Mescaline and Peyote (Mexc, Buttons, Cactus) Psilocybin (Mushrooms) Amphetamine Variants (MDMA/Ecstacy, MDA/Love Drug, TMA, DOM, DOB, PMA, STP, 2.5-DMA) Phencyclidine Analogues (PCE, PCPy, TCP) Other Hallucinogens (Bufotenine, Ibogaine, DMT, DET, Psilocyn)
   The Facts	Hallucinogens are psychedelic, mind-altering drugs that affect a person's perception, feelings, thinking, self-awareness, and emotions. A “bad trip” may result in the user experiencing panic, confusion, paranoia, anxiety, unpleasant sensory images, feelings of helplessness, and loss of control. “Flashback” is a reoccurrence of the original drug experience without taking the drug again.
   Possible Signs of Use/Abuse	Dilated pupils; increased body temperature, heart rate, and blood pressure; sweating; loss of appetite; sleeplessness; dry mouth; tremors; hallucinations; disorientation; confusion; paranoia; violence; euphoria; anxiety; panic; and distorted perception of time, space and reality.
   Possible Health Risks of Use/ Abuse	Agitation; extreme hyperactivity; psychosis; convulsions; mental or emotional problems.

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   Narcotics
   

   Drug Type	Codeine (School Boy) Heroin (H. Harry, Junk, Brown Sugar, Smack) Hydromorphone (Lords) Meperidine (Doctors) Methadone (Dollies, Methadose) Morphine (Morpho, Miss Emma) Opium (Dovers Powder) Other Narcotics (Percodan, Talwin2, Lomotil, Darvon, Numorphan, Percocet, Tylox, Tussionex, Fentanyl)
   The Facts	Narcotics are composed of opiates and synthetic drugs. Opiates are derived from the seed of the pod of the Asian poppy. Synthetic drugs called opiods are chemically developed to produce the effects of opiates. Initially, narcotics stimulate the higher centers of the brain, but then slow down the activity of the central nervous system. Narcotics relieve pain and induce sleep. Narcotics, such as Heroin, are often diluted with other substances (i.e. water, sugar) and injected. Other narcotics are taken orally or inhaled. Narcotics are extremely addictive. Users of narcotics develop a tolerance to the drugs, meaning larger doses must be taken each time to produce the same effect.
   Possible Signs of Use/Abuse	Euphoria; restlessness and lack of motivation; drowsiness; lethargy; decreased pulse rate; constricted pupils; flushing (skin appears to be reddish); constipation; nausea and vomiting; needle marks on extremities; skin abscesses at injection sites; shallow breathing; watery eyes; and itching.
   Possible Health Risks of Use/ Abuse	Pulmonary edema; respiratory arrest; convulsions, addiction, and coma. For users who share or use unsterile needles to inject narcotics: tetanus, hepatitis, tuberculosis and HIV/AIDS.

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   Stimulants
   

   Drug Type	Amphetamines (Uppers, Pep Pills) Cocaine (Coke, Flake, Snow) Crack (Rock) Methamphetamines (Ice, Crank, Crystal) Methylphenidate (Ritalin) Phenmetrazine (Preludin, Preludes) Other Stimulants (Adipex, Cylert, Didrex, Ionamin, Melfiat, Plegine, Sanorex, Tenuate, Tepanil, Prelu-2)
   The Facts	Stimulants activate the central nervous system, increasing alertness and activity. Users of stimulants develop a tolerance, meaning larger doses must be taken to get the same effect. Stimulants are psychologically addictive.
   Possible Signs of Use/Abuse	Increased alertness; excessive activity; agitation; euphoria; excitability/increased pulse rate, blood pressure, and body temperature; insomnia; loss of appetite; sweating; dry mouth and lips; bad breath; disorientation; apathy; hallucinations; irritability; and nervousness.
   Possible Health Risks of Use/ Abuse	Headaches; depression; malnutrition; hypertension; psychosis; cardiac arrest; damage to the brain and lungs; convulsions; and coma.

6. Drug Offenses under Minnesota Law

   The chart on the following page shows the degrees of selected drug crimes in Minnesota and the sentencing limits for each degree as set by the Minnesota legislature in 1989 and amended in 1990 and again in 1992. The “guidelines” listed for each degree refer to the lengths of time that a person convicted of an offense at that degree would serve in prison. These guidelines are set by the Minnesota Sentencing Guidelines Commission. The actual length of sentence is determined by the defendant's criminal history. For instance, a person convicted of a second degree drug offense who has no prior convictions will get a shorter sentence than another person also convicted of a second degree drug offense who happens to have a prior record. In addition, pursuant to legislation, a judge may increase a sentence if the drug offense took place in a school zone, a park zone or public housing zone, or if the defendant is considered a dangerous career offender. If the guidelines call for probation, the defendant can be sentenced to serve up to 12 months in the local jail or workhouse. Under Minnesota law, the definition of cocaine includes powdered cocaine and crack. Minnesota is one of the few states to reclassify flunitrazepam as a Schedule 1 drug in 1996.

   Possession of 42.5 grams or less of marijuana, without remuneration, is a petty misdemeanor punishable by a fine of up to $200 and required attendance at an approved drug education program. Failure to comply with those sanctions or a second conviction within two years constitutes a misdemeanor. Possession of more than 1.4 grams of marijuana in an automobile continues to be a misdemeanor under Minnesota law.

   In addition to charging offenders with possession and sale crimes, Minnesota prosecutors can charge drug offenders with, depending on the circumstances:

   1. failure to purchase drug tax stamps from the State Commissioner of Revenue;
   2. money laundering, if the person conducted a financial transaction with money that he knew was the proceeds of a felony drug crime;
   3. racketeering under which a dealer can be fined up to three times his gross profits; and
   4. importation.

   Degree	Sale	Posession	Penalty	Guidelines
   First Degree	10+ grams cocaine, 50+ grams of other narcotic drug, 200+ doses hallucinogen, 50 kilos marijuana, or 25+ kilos marijuana in a school zone, park zone, or public housing zone.	25+ grams cocaine, 500+ grams of other narcotic drug, 500+ doses hallucinogen, 100+ kilos marijuana.	0-40 yrs, 4 yr mandatory minimum if prior drug felony; up to $1 million fine. 0-40 yrs, second offense.	Imprisonment to 86 to 158 months; up to $200,000 fine.
   Second Degree	3+ grams cocaine, 10+ grams of other narcotic drug, 50+ doses hallucinogen, 25+ kilos marijuana, or sale of any Schedule I or II narcotic drug or 5+ doses hallucinogen or methamphetamine either to a person under 18 or in a school zone, park zone, or public housing zone.	6+ grams cocaine, 50+ grams of other narcotic drug, 100+ doses hallucinogen, 50+ kilos marijuana.	0-40 yrs, 3 yr mandatory minimum if prior drug felony; up to $500,000 fine.	Imprisonment to 48 to 108 months.
   Third Degree	Narcotic drug, 10+ doses hallucinogen, 5+ kilos marijuana, or sale of any Schedule I, II, or III drug (except a Schedule I or II narcotic drug or marijuana) to a person under 18 or employment of person under 18 to sell same.	3+ grams cocaine, 10+ grams of other narcotic drug, 10+ kilos marijuana, and any amount of a Schedule I or II narcotic drug or LSD or methamphetamine or 5+ kilos marijuana in a school zone, park zone, or public housing zone.	0-30 yrs, 2 yr mandatory minimum if prior drug felony; up to $250,000 fine. 0-30 yrs, second or subsequent offense.	Probation to 21-30 months; imprisonment to 34-65 months.
   Fourth Degree	Any Schedule I, II or III drug (except marijuana), or sale of marijuana in a school zone, park zone, or public housing zone or any Schedule IV or V drug to person under 18 or conspiracy for the same.	10 doses hallucinogen, any amount of a Schedule I, II, or III drug (except marijuana) with the intent to sell it.	0-30 yrs, 1 yr mandatory minimum if prior drug felony; up to $100,000 fine.	Probation to 12-21 months; imprisonment to 25-41 months.
   Fifth Degree	Marijuana, or any Schedule IV drug.	All Schedule I, II, III or IV drugs except 42.5 grams or less of marijuana. Any prescription drug obtained through false pretenses or forgery.	0-10 yrs, 6 month mandatory minimum if prior drug felony; up to $10,000 fine.	Probation to 12-19 months; imprisonment to 21 months.

   
   
   

   
   

7. Drug Offenses under Federal Law

   In addition to the penalties listed below for selected controlled substances crimes, Federal law provides for: (1) 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 one year imprisonment; (2) forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance; (3) a civil fine of up to $10,000 (pending adoption of final regulations); (4) 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; (5) ineligibility to receive or purchase a firearm; and (6) revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., as determined by individual Federal agencies.

   Posession	Penalty
   100 grams or more methamphetamine or 1 kilogram or more methamphetamine mixture 1 kilogram or more heroin mixture, 5 kilogram or more cocaine mixture, 50 grams or more cocaine base (crack), 100 grams or more PCP or 1 kilogram or more PCP mixture 10 grams or more LSD mixture, 400 grams or more Fentanyl mixture, 100 grams or more Fentanyl analogue mixture, 1000 kilograms or more marijuana mixture, 1000 or more marijuana plants.	First Offense: 10 years to life, 10 year mandatory minimum; if death or serious injury, 20 year minimum; up to $4 million fine individual, $10 million other than individual. Second Offense: 20 years to life, 20 year mandatory minimum; if death or serious injury, not less than life; up to $8 million fine individual; $20 million other than individual.
   10-99 grams methamphetamine or 100-999 grams methamphetamine mixture, 100-999 grams heroin mixture, 500-4999 grams cocaine mixture, 5-49 grams cocaine base (crack) 10-99 grams PCP or 100-999 grams PCP mixture, 1-9.9 grams LSD mixture, 40-399 grams Fentanyl mixture, 10-99 grams Fentanyl analogue mixture, 100-999 kilograms marijuana mixture, 100-999 marijuana plants.	First Offense: 5 years to 40 years, 5 year mandatory minimum; if death or serious injury, 20 year minimum; up to $2 million fine individual, $5 million other than individual. Second Offense: 10 years to life, 10 year mandatory minimum; if death or serious injury, not less than life; up to $4 million fine individual, $10 million other than individual.
   Any amount of other Schedule I or Schedule II Controlled Substances, 50-99 kilograms marijuana mixture, 50-99 marijuana plants.	First Offense: 0 to 20 years; if death or serious injury, 20 year minimum, not more than life; up to $1 million fine individual, $5 million other than individual. Second Offense: 0 to 30 years; if death or serious injury, not less than life; up to $2 million fine individual, $10 million other than individual.
   Any amount of Schedule III Controlled Substances, less than 50 kilograms marijuana mixture, 10 kilograms hashish or more, 1 kilogram hashish oil or more.	First Offense: 0 to 5 years; up to $250,000 fine individual, $1 million other than individual. Second Offense: 0 to 10 years; up to $500,000 fine individual, $2 million other than individual.
   Any amount of Schedule IV Controlled Substances.	First Offense: 0 to 3 years; up to $250,000 fine individual, $1 million other than individual. Second Offense: 0 to 6 years; up to $500,000 fine individual, $2 million other than individual.
   Any amount of Schedule V Controlled Substances.	First Offense: 0 to 1 year; up to $100,000 fine individual, $250,000 other than individual. Second Offense: 0 to 2 years; up to $200,000 fine individual, $500,000 other than individual.

   
   
   

8. Alcohol Crimes and Penalties under Minnesota Law

   Minnesota has many statutes which regulate and control the use and abuse of alcohol. In addition to Driving While under the Influence (DWI) laws, Minnesota has laws regulating the sale, purchase, possession, and consumption of alcohol.

   I. DWI Laws
   There are four DWI and Implied Consent packages that aim at preventing the operation of motor vehicles, boats, snowmobiles/all terrain vehicles, and aircraft by inebriated persons.

   1. Elements of DWI Offense. Minnesota has one of the most comprehensive DWI statutes in the nation. The elements of the offense may be outlined as follows: It is a crime for any person to drive, operate, or be in physical control of a motor vehicle within this state or upon the ice of any boundary water of this state, while the person is under the influence of alcohol, a controlled or hazardous substance, or a combination of the two, or the person has an “alcohol concentration” of 0.10 or more.
      • Driving, Operating, and Physical Control. The statute does not prohibit only “driving” while under the influence, but extends to “operating” and “physical control” of the motor vehicle. While “driving” normally includes steering a self-propelled vehicle, “operating” includes a broader range of conduct, which includes starting motors, steering towed vehicles, etc. “Physical control” is broader yet, and applies to any person who places himself or herself in a position to either restrain a vehicle from being moved or to direct its motion, including persons found alone, asleep, in a parked vehicle.
      • Motor Vehicle. The law applies to any kind of motor vehicle including farm tractors, bulldozers, front end loaders, mopeds, garden tractors, and riding lawn mowers.
      • Under the Influence. “Under the influence” is defined in terms of impaired ability to drive safely. It is not synonymous with an “alcohol concentration” of 0.10 or more. On the contrary, an alcohol concentration of “0.04 or more” is relevant evidence of whether or not the person is under the influence of alcohol. In reality, most human beings are visibly impaired at alcohol concentrations well below 0.10. Accordingly, it cannot be assumed that it is “legal” to drive so long as one remains below the 0.10 line. Effective August 1, 1997, “Under the Influence” also means the presence of any amount of certain controlled substances.
   2. Criminal penalties. Generally, a first offense is a misdemeanor, with a maximum sentence of 90 days in jail and a fine of $700. If the person has a prior “impaired driving conviction” within the previous five years, or two or more prior “impaired driving convictions” within the previous 10 years, the crime is a gross misdemeanor, raising the maximum sentence to a year in jail and a fine of $3000. “Impaired driving convictions” include adult convictions and juvenile adjudications. The crime is also considered a gross misdemeanor if a child under the age of 16 is present in the motor vehicle with the driver, or if the driver violates a RR crossing law. It is a separate crime to refuse to submit to an alcohol concentration test. There are increased penalties for repeat DWI offenders. Judges will be required to order those convicted of DWI and related crimes to serve their sentences back to back (consecutively) instead of merging all sentences into one (concurrently). Those who drink and drive in different types of vehicles—including cars, snowmobiles, boats, and all-terrain vehicles will find those violations “stacking” up against each other.
   3. Driver License Revocations. Drunk drivers also lose their driver licenses:
      • First offense, test of 0.10: not less than 30 days;
      • First offense, test refused: not less than 90 days;
      • Second offense in less than 5 years, test over 0.10: not less than 180 days and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed; and
      • Second offense in less than 5 years, test refused: not less than one year and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed.
      • More than two offenses call for longer periods of revocations; and under certain circumstances the registration plates and registration certificates of all motor vehicles registered in the name of any person whose license is revoked may be impounded. Vehicles used in DWI offenses may be forfeited if the driver has four or five prior offenses. Prior juvenile adjudications as a DWI violator count as prior “convictions” for purposes of revocations.
   4. Implied Consent. The Implied Consent statute provides that by driving a motor vehicle in this state, a person implicitly consents to submit to testing for intoxication. If testing is refused, your right to drive will be revoked for a minimum period of one year. If a test is taken and the results indicate an alcohol concentration of 0.10 or more, your right to drive will be revoked for a minimum period of 90 days. However, whether you take or refuse the test, you may still be subject to criminal prosecution for an alcohol or controlled substance-related driving offense which has its own license revocation provision.

   II. Liquor Control Violations, Persons Under The Age Of 21 Years.

   1. Consumption. It is a misdemeanor for any liquor licensee (such as a bar or restaurant) to permit any person under the age of 21 to consume alcoholic beverages on the premises.
      It is a misdemeanor for any person under the age of 21 years to consume any alcoholic beverages unless that person is in his parents'/guardians' home and with their permission.
   2. Purchasing:
      • It is a gross misdemeanor for any person to sell, barter, furnish or give alcoholic beverages to a person under 21 years of age; except for the rights of parents/guardians as outlined under consumption.
      • It is a misdemeanor for any person under the age of 21 years to purchase or attempt to purchase any alcoholic beverage.
      • It is a gross misdemeanor for any person to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or permit the use of a driver's license, permit, Minnesota identification card, or other form or identification, to a person under the age of 21 for the purpose of purchasing or attempting to purchase an alcoholic beverage.
   3. Possession. It is a misdemeanor for any person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at any place other than the household of person's parent or guardian. Mere possession at any place other than the home of the person's parent or guardian is prima facie evidence of an intent to consume.
   4. Entering Licensed Premises. It is a misdemeanor for any person under the age of 21 years to enter any licensed premises for the purpose of purchasing, being served or delivered, any alcoholic beverage.
   5. Misrepresenting Age. It is a misdemeanor for any person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages.
   6. Proof of Age. Proof of age must be established by a valid driver's license, Minnesota identification card, military identification card, or, in the case of a foreign national, by a valid passport.
   7. Driver License Suspensions for Illegal Purchase or Consumption of Alcohol. The Commissioner of Public Safety shall impose a 90-day suspension of driving privileges of any person (a) who is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic beverage if the person used a driver's license, permit, or Minnesota identification card in making the purchase or attempted purchase or (b) who lends a driver's license to someone under 21 to use to purchase alcoholic beverages.
      The Commissioner of Public Safety also imposes a suspension of driving privileges of any person who is under the age of 21 years and is convicted of consuming any amount of alcohol while operating a motor vehicle. The suspension period is for 30 days for a first offense and 180 days for a second or subsequent offense.

   III. Social Host Liability
   Anyone over 21 who knowingly serves alcohol to someone under 21 may be held civilly liable for any damages subsequently caused by the person under 21.