Drug Free Schools and Communities Act

Alcoholic Beverages

Angelo State University seeks to encourage and sustain an academic environment that both respects individual freedom and promotes the health, safety, and welfare of all members of its community. In accordance with the ALCOHOL POLICY, BOARD OF REGENTS, TEXAS TECH UNIVERSITY SYSTEM, system universities shall not sell, serve, or permit the sale or service of alcohol on campus, except in “special use” buildings or facilities designated by the president. Students who are 21 years of age or older may be permitted to have alcohol in certain dormitory rooms, but not in common areas of residence halls. At his discretion, the president may restrict possession or consumption of alcohol (as permitted under this policy) to specified residential, areas including apartments. Nothing herein shall be taken as an assumption of risk or responsibility on the part of the Board of Regents, Texas Tech University System, or its system universities for any injuries or damage, whatever kind, resulting from a student’s possession or use of alcohol, whether such use is legal or illegal.

In accordance with this policy and the above stated objectives, Angelo State University has adopted and implemented standards of conduct that prohibit unlawful possession, use, or distribution of illicit drugs and alcohol on its property or as a part of its activities by students, faculty, staff and visitors. The following policies and regulations are currently in effect.

Alcoholic Beverage Regulation. This regulation applies to all individuals, including students, faculty, staff and visitors present on property owned, leased or otherwise under the control of Angelo State University. The possession or use of an alcoholic beverage, as that term is defined in the Texas Alcoholic Beverage Code, on property under the control of Angelo State University is prohibited except as expressly permitted by this regulation.

Areas in which possession or use of alcoholic beverages is prohibited include, but are not limited to, classrooms, laboratories, offices, lounges, stadiums and other athletic facilities, dining areas, meeting and party facilities, the Houston Harte University Center, the University Lake Facility and all residence halls and apartments except as specifically authorized in this regulation.

The possession or use of alcoholic beverages is permitted in the individual apartments of the Vanderventer Apartments, provided all of the student residents of the individual apartment or room are 21 years of age or older. The possession or use of alcoholic beverages is also permitted by individuals 21 years of age or older on university property leased or otherwise made available on a long-term basis to a firm or association. However, alcoholic beverages shall not be purchased for, provided or given to, or knowingly be made available to any person under 21 years of age in the facilities covered by this paragraph, except as expressly authorized by the Texas Alcoholic Beverage Code.

University-funded student organizations may not sponsor all-school events and/or activities open to the general public where alcoholic beverages are consumed.

Illegal Drugs

The university does not condone possession, use or distribution of marijuana, L.S.D. or other hallucinogenic, or narcotics by anyone in any campus facility. Angelo State University has established a DRUG FREE CAMPUS POLICY where the unlawful manufacture, distribution, dispensing, possession or use of any drug, narcotic, or controlled substance is prohibited on the Angelo State University campus by university policy and by the Board of Regents’ RULES AND REGULATIONS as well as by state and federal statute. Any individual found in violation of this policy is subject to the following disciplinary sanctions.

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, or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000. Special sentencing provisions for possession of a mixture or substance which contains cocaine base: Mandatory at least 5 years in prison, not to exceed 20 years and fined a minimum of $1,000, if: (a) 1st conviction and the amount possessed exceeds 5 grams, (b) 2nd conviction under this subsection and the amount possessed exceeds 3 grams, (c) 3rd or subsequent conviction under this subsection and the amount 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.

21 U.S.C. 881 (a) (4): Forfeiture of all conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of a controlled substance.

21 U.S.C. 844a: Civil fine of up to $10,000 for each violation.

21 U.S.C. 862 (b): Denial of Federal benefits to drug possessors, up to 5 years for first offense, up to 10 years for second offense, for third or subsequent conviction be permanently ineligible for all federal benefits.

18 U.S.C. 922 (g): Ineligible to receive or purchase a firearm.

Miscellaneous: Students convicted of drug crimes are prohibited from receiving Federal Financial Aid for specified periods of time. Revocation of certain Federal licenses and benefits, e.g. pilot licenses, 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.

 

Federal Trafficking Penalties for Schedules I, II, III, and V (except Marijuana)

Schedule	Substance/Quantity	Penalty	Substance/Quantity	Penalty
II	Cocaine 500-4999 grams mixture	First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.	Cocaine 5 kilograms or more mixture	First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
II	Cocaine Base 28-279 grams mixture		Cocaine Base 280 grams or more mixture
IV	Fentanyl 40-399 grams mixture		Fentanyl 400 grams or more mixture
I	Fentanyl Analogue 10-99 grams mixture		Fentanyl Analogue 100 grams or more mixture
I	Heroin 100-999 grams mixture		Heroin 1 kilogram or more mixture
I	LSD 1-9 grams mixture		LSD 10 grams or more mixture
II	Methamphetamine 5-49 grams pure or 50-499 grams mixture		Methamphetamine 50 grams or more pure or 500 grams or more mixture
II	PCP 10-99 grams pure or 100-999 grams mixture		PCP 100 grams or more pure or 1 kilogram or more mixture

Federal Trafficking Penalties

Substance/Quantity	Penalty
Any Amount Of Other Schedule I & II Substances	First Offense: Not more that 20 yrs. If death or serious bodily 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 bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.
Any Drug Product Containing Gamma Hydroxybutyric Acid
Flunitrazepam (Schedule IV) 1 Gram
Any Amount Of Other Schedule III Drugs	First Offense: Not more than 10 yrs. If death or serious bodily injury, not more that 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual.
Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam)	First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.
Any Amount Of All Schedule V Drugs	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 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances

Substance/Quantity	Penalty
Marijuana 1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants	First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual.
Marijuana 100 to 999 kilograms marijuana mixture or 100 to 999 marijuana plants	First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual. Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50 million if other than an individual.
Marijuana 50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants	First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.
Hashish More than 10 kilograms
Hashish More than 10 kilograms
Marijuana less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) 1 to 49 marijuana plants	First Offense: Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. Second Offense: Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual.
Hashish 10 kilograms or less
Hashish Oil 1 kilogram or less

State Penalties and Sanctions for Illegal Possession of a Controlled Substance

In Texas, the following statutes guide the laws and penalties surrounding illicit drugs and alcohol are detailed below:

Texas Penal Code Sec. 49.02: Being intoxicated in public such that one is a danger to oneself or others is a Class C misdemeanor, punishable by a fine of up to $500.

Texas Alcoholic Beverage Code Sec. 1.05, 101.31: It is illegal to possess or distribute alcoholic beverages in a dry area. Violation of this law is a Class B misdemeanor and carries a penalty of up to $2,000 and/or up to 180 days confinement.

Texas Alcoholic Beverage Code Sec. 106.02, 106.04-106.05, 106.071: The purchase, possession, or consumption of alcoholic beverages by a person under 21 years of age subjects that person to a fine of up to $500 for the first offense and at least $250 up to $2,000 for the second offense and/or 180 days confinement.

Texas Alcoholic Beverage Code Sec. 106.06: Furnishing alcoholic beverages to a minor is a Class A misdemeanor and punishable by a fine of up to $4,000 and/or up to one year in jail.

Texas Education Code Sec. 37:122: The possession of an intoxicating beverage on the grounds of any public school is a Class C misdemeanor and carries a penalty of up to $500. If found with an open container in the person’s immediate possession, the minimum confinement period extends to six days.

Texas Alcoholic Beverage Code Sec. 106.07: A person under 21 years of age who misrepresents his or her age for the purpose of purchasing alcohol beverages commits a Class C misdemeanor and may be punished by a fine of up to $500.

Texas Health and Safety Code Sec. 481.102-106, 481.115-118: The illegal distribution, possession, or use of controlled substances may be punished by 5 years to life in prison and up to a $250,000 fine.

Texas Health and Safety Code Sec. 481.112-120: The delivery or possession of controlled substances with the intent to manufacture controlled substances is punishable by a jail term of 10 years to life and up to a $250,000 fine.

Texas Health and Safety Code Sec. 481.122: The distribution of marijuana to a minor is punishable by 2 to 20 years in prison and/or up to a $10,000 fine.

Offense	Minimum Punishment	Maximum Punishment
Manufacture or delivery of controlled substances (drugs)	Confinement in jail for a term of not more than 2 years or less than 180 days, and a fine not to exceed $10,000	Imprisonment for life or for a term of not more than 99 years nor less than 15 years, and a fine not to exceed $250,000
Possession of controlled substances (drugs)	Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000, or both	Imprisonment for life or for a term of not more than 99 years nor less than 10 years, and a fine not to exceed $250,000
Delivery of marijuana	Confinement in jail for a term not more than 180 days, a fine not to exceed $2,000, or both	Imprisonment for life or for a term of not more than 99 years nor less than 10 years, and a fine not to exceed $100,000
Possession of marijuana	Confinement in jail for a term not more than 180 days, a fine not to exceed $2,000, or both	Imprisonment for life or for a term of not more than 99 years nor less than 5 years, and a fine not to exceed $50,000
Driving while intoxicated (includes intoxication from alcohol, drugs, or both)	Confinement in jail for a term of not more than 180 days nor less than 72 hours, and a fine of not more than $2,000	Imprisonment for a term of not more than 10 years nor less than 2 years, and a fine not to exceed $10,000
Public intoxication	A fine not to exceed $500	Varies with age and number of offenses
Purchase of alcohol by a minor	A fine not to exceed $500	Varies with number of offenses
Consumption or possession of alcohol by a minor	A fine not to exceed $500	Varies with number of offenses
Sale of alcohol to a minor	A fine not to exceed $4000 or confinement in jail for not more than one year, or both	A fine not to exceed $4000 or confinement in jail for not more than one year, or both

Penalties for a violation of this policy include mandatory participation in university approved drug and alcohol abuse education; community service project; reflection writing; program promotion; rehabilitation programs; personal and/or academic assessment or counseling; restriction, removal, and/or denied access or participation in housing, university programs, activities, organizations, leadership roles, and/or other privileges; restriction or termination of student employment; fines and/or fees; disciplinary reprimand; disciplinary probation; deferred disciplinary suspension; time-limited disciplinary suspension; disciplinary expulsion (in the case of a violation by a student); or termination of employment (in the case of a violation by a faculty or staff member). Established procedures will be followed in investigating and adjudicating alleged violations, whether by faculty, staff, or students, and all due process procedures will be followed.

Specific serious health risks are associated with the use of alcohol and illicit drugs. Some of the major risks are listed below. For more information, visit the University Health Clinic and Counseling Services website or via phone at 325-942-2371.

Alcohol and Other Depressants (barbiturates, sedatives, and tranquilizers)

According the The Centers for Disease Control and Prevention, excessive alcohol use has immediate effects that increase the risk of many harmful health conditions. These are most often the result of binge drinking and include the following:

• Injuries, such as motor vehicle crashes, falls, drownings, and burns.
• Violence, including homicide, suicide, sexual assault, and intimate partner violence.
• Alcohol poisoning, a medical emergency that results from high blood alcohol levels.11
• Risky sexual behaviors, including unprotected sex or sex with multiple partners. These behaviors can result in unintended pregnancy or sexually transmitted diseases, including HIV.
• Miscarriage and stillbirth or fetal alcohol spectrum disorders (FASDs) among pregnant women.

Over time, excessive alcohol use can lead to the development of chronic diseases and other serious problems including:

• High blood pressure, heart disease, stroke, liver disease, and digestive problems.
• Cancer of the breast, mouth, throat, esophagus, liver, and colon.
• Weakening of the immune system, increasing the chances of getting sick.
• Learning and memory problems, including dementia and poor school performance.
• Mental health problems, including depression and anxiety.
• Social problems, including lost productivity, family problems, and unemployment.
• Alcohol use disorders, or alcohol dependence.

By not drinking too much, you can reduce the risk of these short- and long-term health risks.

Marijuana

• Research shows that about 1 in 10 marijuana users will become addicted. For people who begin using before the age of 18, that number rises to 1 in 6.
• Marijuana use directly affects the brain — specifically the parts of the brain responsible for memory, learning, attention, decision making, coordination, emotions, and reaction time. Developing brains, like those in babies, children, and teens, are especially susceptible to the adverse effects of marijuana.
• Eating foods or drinking beverages that contain marijuana have some different risks than smoking marijuana, including a greater risk of poisoning.
• Long-term or frequent marijuana use has been linked to increased risk of psychosis or schizophrenia in some users.
• Using marijuana during pregnancy may increase the baby’s risk for developmental problems.

Cocaine

• snorting: loss of smell, nosebleeds, frequent runny nose, and problems with swallowing
• smoking: cough, asthma, respiratory distress, and higher risk of infections like pneumonia
• consuming by mouth: severe bowel decay from reduced blood flow
• needle injection: higher risk for contracting HIV, hepatitis C, and other bloodborne diseases, skin or soft tissue infections, as well as scarring or collapsed veins

Nicotine

Tobacco smoke contains thousands of chemical compounds, many of which are know to cause cancer. Nicotine, which is a central nervous system stimulant, produces an increase in heart and respiration rates, blood pressure, adrenaline production and metabolism. People can rapidly become physically and psychologically dependent on tobacco. Compromises the immune system.

Inhalants

Inhalants are a diverse group of chemicals that easily evaporate and can cause intoxication when their vapors are inhaled. Most inhalants are central nervous system depressants. Use of these drugs slows down many body functions. High does can cause severe breathing failure and sudden death. Chronic abuse of some of these chemicals can lead to irreversible liver damage and other health problems.

Prescription Drug Abuse

Prescription Opioids (Codeine, Fentanyl, Oxycodone)

• Slowed breathing, death
• Long-term Increased risk of overdose or addiction if misused
• Dangerous slowing of heart rate and breathing leading to coma or death when used with alcohol.

Central Nervous System Depressants, Barbiturates, and Benzodiazepines (Xanax, Valium, Nembutal)

• Drowsiness, slurred speech, poor concentration, confusion, dizziness, problems with movement and memory, lowered blood pressure, slowed breathing.
• Dangerous slowing of heart rate and breathing leading to coma or death when used with alcohol.

Prescription Stimulants (Adderall, Concerta)

• Increased blood pressure and heart rate; narrowed blood vessels; increased blood sugar
• High doses: dangerously high body temperature and irregular heartbeat; heart disease; seizures.
• Long Term: heart problems, psychosis, anger, paranoia.
• Masks the depressant action of alcohol, increasing risk of alcohol overdose; may increase blood pressure.

Consistent with its educational mission, the University has personnel in the Office of the Dean of Students and the University Health Clinic available to counsel students who voluntarily seek assistance in dealing with alcohol and/or drug abuse and have not been charged with a violation of university policy or the Board of Regents’ RULES AND REGULATIONS.

Additional information on drug and alcohol counseling resources in San Angelo and the surrounding area is available in the Office of the Dean of Students, Room 112, in the Houston Harte University Center.

A variety of resources exist for alcohol and other drug prevention education, counseling, and referral. For detailed information concerning these resources available from the University and community, please see below:

• University Health Clinic and Counseling Services:
  325-942-2171
  • Professional, confidential consultation, and counseling services
  • Early intervention, assessment, education, and referral
  • Educational sessions for those concerned about alcohol or other drug use
  • Educational Programs
• ASU Police Department: 325-942-2071
  • Services relating to legal aspects
• Office of the Dean of Students: 325-942-2047
  • Address the Code of Student Conduct, enforces policies and procedures, and provides students with resources necessary to resolve personal disputes.
• Human Resources Department: 325-942-2168
  • Services, guidance, education, and training (faculty and staff), referrals to Employee Assistance Program (EAP) (faculty and staff), enforces policies and procedures for staff; assistance with disciplinary action for staff.
• Alcohol & Drug Abuse Council for the Concho Valley:
  325-224-3481
  • Community treatment, prevention, and available resources
• Alternative Options
  • Speakers on a wide variety of topics related to drug and alcohol use
  • Alcohol, drug and marijuana use programs
  • Events and programs
  • Alcohol and drug free events
  • Mocktail parties
  • Drunk driving simulator activity
  • Drunk driving awareness and driver safety activities