Drug Policy

Drug Policy
Drug and Alcohol Abuse - Legal Considerations
Drug Offenses and Penalties

Drug Policy

1. The unlawful manufacture, distribution, dispensing, possession, or use of an illegal drug or alcohol is prohibited on College property or as part of any activity sponsored by the College or any off-campus event sponsored by a College-recognized organization.
2. Drug abuse in the work place is a danger and a detriment to all members of the Hartwick College community, including faculty, administration, staff and the students.  It is therefore the intent of this policy to maintain a drug-free work place.
3. Hartwick College cannot and will not protect students or staff from prosecution under federal, state or local laws.
4. Students are cautioned that the College does not provide sanctuary from the law, nor are students immune from legal investigation or arrest by civil authorities resulting from the possession, use or sale of drugs.  Persons suspected of selling or using illegal drugs, or voluntarily being in the presence of their use, may be subject to disciplinary action by the College and prosecution under applicable law.
5. Additional information concerning the dangers of drug abuse is available at the counseling center in Perrella Wellness Center.
6. Drug counseling for students is available at the counseling center free of charge by appointment.  In the event additional referral counseling is necessary, counseling staff will provide the referral and the student will be responsible for all costs.
7. Drug paraphernalia is not allowed anywhere on the College campus.

Drug and Alcohol Abuse - Legal Considerations
Selling illicit drugs is a criminal offense punishable by a fine or imprisonment depending on the specific offense and other factors such as prior convictions for similar offenses.  Driving while intoxicated is against the law and can result in revocation of your driver's license or even imprisonment in some cases.  It is a crime in New York State to knowingly allow marijuana to be grown without destroying it.

Hartwick College believes that the more you know about the laws against illicit drugs and alcohol, the more likely it is that each of you will be responsible and avoid committing criminal offenses.  Therefore, the following is a brief overview of local, state and federal laws governing the possession, use, and distribution of illicit drugs.  This overview is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to put you on notice as to the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct.  The following information is intended to supplement the discussion of applicable laws governing the sale, possession and use of alcohol in New York State and the statement of the College Alcohol Policy.

Drug Offenses and Penalties

1. Growing Marijuana: Growing marijuana or knowingly allowing it to be grown without destroying it is a Class A misdemeanor, punishable by up to 1 year in jail.  Public Health Law, 33.82, 33.83, 33.96.
2. Selling or Possessing Hypodermic Needles: Selling or possessing a hypodermic needle without a doctor's written prescription is a Class A misdemeanor.  Public Health Law, 33.81, 33.83, 33.96.
3. Imitation Controlled Substances: Manufacturing, selling, or possessing with intent to sell, an imitation controlled substance is a Class A misdemeanor; the second offense in 5 years is a Class E felony punishable by 1-4 years in a state prison.  Public Health Law, 33.83, 33.96.
4. Driving While Ability Impaired By Drugs: Driving a motor vehicle with ability impaired by drugs is subject to the same penalties as driving while intoxicated.  Vehicle and Traffic Law, 11.95(2), 11.93; Penal Law, 70.00(2)(e).  Public Health Law, 33.83, 33.96.
5. Unlawful Possession and Distribution of Controlled Substances: Most crimes involving the unlawful possession and distribution of drugs are defined under the New York State Penal Law.  The penal law contains exhaustive lists of various controlled substances, specific types of offenses, and sanctions ranging from a fine of not more than $100 to imprisonment for life.  Examples of crimes under New York law include loitering with the intent to use drugs, appearing in public under the influence of drugs, using or possessing drug paraphernalia, and selling or possessing actual controlled substances.  A person with no previous drug or marijuana convictions in 3 years who is found guilty of possessing less than 25 grams (about 9/10 of an ounce) of marijuana for private use may be fined up to a maximum of $100, whereas conviction of possessing even 1 gram of a controlled narcotic substance can result in imprisonment for up to one year.  The criminal sanctions become much more serious depending on the amount possessed and whether or not it is possessed with the intent to distribute.  For example, possession of even one gram of a narcotic drug with the intent to sell it is a Class B felony punishable by up to 25 years in prison.  A person who is convicted of the sale of more than 2 ounces of a controlled narcotic substance in New York State can be sentenced to a term of imprisonment for life.  Of course, the New York State Penal Law provides for a variety of sanctions depending on the offense.  Persons convicted of a drug offense in New York may be sentenced to penalties including, but not limited to: a conditional discharge which may include any amount or type of community service that the sentencing court deems appropriate; probation; shock probation, which is a combination of jail time and probation (60 days plus up to 3 years probation for a misdemeanor; 6 months plus up to 5 years probation for a felony); intermittent imprisonment which may include weekends and/or work Saturdays; or straight jail time.
6. Federal Law: Federal drug laws parallel New York State drug laws in many respects.  For example, it is a federal offense to manufacture, distribute, or possess with intent to distribute, a controlled substance or a counterfeit controlled substance.  As under the New York Penal Code, any property associated with the unlawful handling of controlled substances may be forfeited to the authorities.  Federal law also provides that a person age 18 or older who distributes a controlled substance to a person under 21 years of age may be sentenced to a term of imprisonment and/or a fine of up to twice the amount authorized for distribution to a person over the age of 21.  An important sanction under the federal law is that persons convicted of any federal or state offense involving possession of a controlled substance are ineligible to receive any or all federal benefits for up to 5 years.  There are both federal laws and New York State laws specifically dealing with the distribution or manufacturing of controlled substances in or near schools or colleges.  For example, federal law provides that a drug offense committed on or within 1,000 feet of school or college property is punishable by a term of imprisonment and a fine of up to twice the amount authorized for the same offense committed away from school property.