Legal Sanctions Under Federal, State, and Local Laws
It is the policy of Stevenson University to uphold federal, state, and local laws with regards to alcohol and other drug violations. In addition to being subject to University disciplinary measures, individuals who violate the law are also subject to criminal penalties. Further detail regarding possible legal sanctions and penalties are described below.
Federal Trafficking Penalties
The below tables contain a description of federal penalties and sanctions for illegal trafficking and possession of a controlled substance. These charts were downloaded from https://www.campusdrugprevention.gov/sites/default/files/Drugs%20of%20Abuse%202020-Web%20Version-508%20compliant.pdf , pages 36-37, on August 13, 2020.
FEDERAL TRAFFICKING PENALTIES
DRUG/SCHEDULE
|
QUANTITY
|
PENALTIES
|
QUANTITY
|
PENALTIES
|
Cocaine (Schedule II)
|
500–4999 grams mixture
|
First Offense: Not less
than 5 yrs, and not more
than 40 yrs. If death or
serious injury, not less than 20 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 injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
|
5 kgs or more mixture
First Offense:
Not less
|
First Offense: Not less
than 10 yrs, and not more
than life. If death or serious injury, not less than 20 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 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.
|
Cocaine Base (Schedule II)
|
28–279 grams mixture
|
280 grams or more mixture
|
Fentanyl (Schedule II)
|
40–399 grams mixture
|
400 grams or more mixture
|
Fentanyl Analogue
(Schedule I)
|
10–99 grams mixture
|
100 grams or more mixture
|
Heroin (Schedule I)
|
100–999 grams mixture
|
1 kg or more mixture
|
LSD (Schedule I)
|
1–9 grams mixture
|
10 grams or more mixture
|
Methamphetamine
(Schedule II)
|
5–49 grams pure or
50–499 grams mixture
|
50 grams or more pure or
500 grams or more mixture
|
PCP (Schedule II)
|
10–99 grams pure or
100–999 grams mixture
|
100 gm or more pure or
1 kg or more mixture
|
PENALTIES
|
Other Schedule I & II
drugs (and any drug
product containing Gamma
Hydroxybutyric Acid)
Flunitrazepam (Schedule IV)
|
Any amount
1 gram
|
First Offense: Not more than 20 yrs. If death or serious 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.
|
Other Schedule III drugs
|
Any amount
|
First Offense: Not more than 10 years. If death or serious 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.
|
All other Schedule IV drugs
|
Any amount
|
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.
|
Flunitrazepam (Schedule IV)
|
Other than 1 gram or more
|
All Schedule V drugs
|
Any amount
|
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 – MARIJUANA
DRUG
|
QUANTITY
|
1st OFFENSE
|
2nd OFFENSE*
|
Marijuana (Schedule I)
|
1,000 kg or more marijuana mixture; or 1,000 or more marijuana plants
|
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.
|
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 (Schedule I)
|
100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plants
|
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.
|
Not less than 10 yrs. or more than
life. If death or serious bodily
injury, life imprisonment. Fine
not more than $20 million if an
individual, $75million if other
than an individual.
|
Marijuana (Schedule I)
|
More than 10 kgs hashish;
50 to 99 kg marijuana mixture
More than 1 kg of hashish oil;
50 to 99 marijuana plants
|
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.
|
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.
|
Marijuana (Schedule I)
|
Less than 50 kilograms marijuana
(but does not include 50 or more
marijuana plants regard-
less of weight)
1 to 49 marijuana plants;
|
Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual.
|
Not more than 10 yrs. Fine
$500,000 if an individual, $2
million if other than individual.
|
Hashish (Schedule I)
|
10 kg or less
|
Hashish Oil (Schedule I)
|
1 kg or less
|
*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life
imprisonment without release and a fine up to $20 million if an individual and $75 million if other than an individual.
State of Maryland Penalties and Sanctions Relating to Alcoholic Beverages and Controlled Substances
All members of the Stevenson University community are subject to the alcohol laws of the state of Maryland. A good source for reviewing Maryland’s underage drinking, fake ID, and impaired driving laws is Maryland’s Motor Vehicle Administration. For convenience, the following laws are highlighted below:
Underage Drinking: Under the laws of Maryland, 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. If you are over 21 and knowingly furnish alcohol to a minor, you face a fine of up to $2,500 for a first violation and a fine of up to $5,000 for a second or subsequent violation.
Fake ID Laws: If you are under 21 and in possession of a fake ID, you face a fine of up to $500 and up to two months in prison. Twelve points will be assessed on your driving record and your driver’s license may be suspended or revoked. If you are caught selling fake IDs, you face fines of up to $2,000 and up to two years in prison for each fake ID sold. You are also subject to prosecution for violating federal and homeland security laws.
Impaired Driving: The state of Maryland aggressively enforces impaired driving laws. The penalties for being found guilty of Driving Under the Influence of Alcohol (DUI) are a $1,000 fine and up to one year in jail. Also, twelve points will be assessed on your driving record and your license may be revoked for up to 6 months. The penalties for being convicted of Driving while Impaired by Alcohol (DWI) is a $500 fine and up to two months imprisonment. Also, eight points will be assessed on your driving record and you face a 6-month suspension of your license. The penalties of violating either law are higher for a second offense and they are substantially higher if you are transporting a minor at the time of the offense or for a third offense. For additional information regarding these laws, students and employees should refer to Maryland’s Motor Vehicle Administration.
All members of the Stevenson University community should be aware that important changes to Maryland’s drunk driving laws went into effect on October 1, 2016. On this date, The Drunk Driving Reduction Act of 2016 (also known as Noah’s Law) took effect. Noah’s Law significantly expands Maryland’s Ignition Interlock Program and also significantly increases driver license suspension periods for immediate Administrative chemical test failure and refusals. For additional information, students and employees should refer to Maryland’s Motor Vehicle Administration.
Marijuana:
Sanctioning guidelines for the state of Maryland, which were updated in November of 2020, may be found by accessing the following link provided by the Maryland State Commission on Criminal Sentencing Policy (MSCCSP): http://msccsp.org/Files/Guidelines/offensetable.pdf. Specific information related to alcoholic beverages may be found beginning on page 2 of the MSCCSP document. Information related to CDS & paraphernalia may be found beginning on page 8. Finally, information related to Prescription Drugs and Other Substances may be found on page 43. For convenience, the below chart provides a summary of sanctioning guidelines for selected offenses. However, students and employees are encouraged to review all the relevant sanctioning guidelines in the MSCCSP document.
Offense
|
Source
|
Felony or Misd.
|
Max
Term
|
Fine
|
Alcoholic Beverages
Intoxicated and endanger safety of person or property; or intoxicated or drink alcoholic beverage in public place and cause public disturbance
|
|
Misd.
|
90 Days
|
$100
|
CDS and Paraphernalia
Manufacture, distribute, or dispense controlled dangerous substances near schools or on school vehicles, 1st offense
|
CR, §5-627
|
Felony
|
20 Years
|
$20,000
|
CDS and Paraphernalia
Manufacture, distribute, or dispense controlled dangerous substances near schools or on school vehicles, subsequent
|
CR, §5-627
|
Felony
|
40Y
Mandatory Minimum = 5Y
|
$40,000
|
CDS and Paraphernalia
Using minors for manufacture, delivery, or distribution of controlled dangerous substances.
|
CR, §5-628(a)(1)
|
Felony
|
20Y
|
$20,000
|
Prescription Drugs and Other Substances
Harmful substances – distribution; possession with intent to distribute; instruction in the unlawful inhaling; or distribution of butane can to minor
|
CR, §5-709
|
Misd
|
18M
|
$1,000
|
Weapons Crimes – In General
Possess, use, wear, carry, or transport a firearm in a drug offense, 1st offense
|
CR, §5-621(c)
|
Felony
|
20Y
MM = 5Y
|
|
Weapons Crimes – In General
Possess, use, wear, carry, or transport a firearm in a drug offense, subsequent
|
CR, §5-621(c)
|
Felony
|
20Y
MM = 10Y
|
|
Pertinent Baltimore County Maryland Code Provisions*
Public Consumption of Alcoholic Beverages - § 17-1-103
Students and employees should be aware that in Baltimore County, Maryland, a person may not possess an alcoholic beverage in an open container (1) On public property, property used by the public, or a highway; or (2) In a vehicle that is located on public property, property used by the public, or a highway. A person who violates this section is guilty of a misdemeanor. (1988 Code, § 20-2) (Bill No. 114-99, § 3, 7-1-2004)
Synthetic Cannabinoid - § 17-1-118
"Synthetic cannabinoid" means a material, substance, compound, mixture or preparation in any form that would reasonably indicate under all circumstances to be synthetic marijuana, including but not limited to products known as Spice, K2, Scooby Snax, Potpourri, or any other name.
"Synthetic marijuana" means a psychoactive substance or compound created with man-made synthetic chemicals that, when consumed or ingested, mimics the intoxicating effects of marijuana THC, the psychoactive ingredient in the naturally grown marijuana plant.
A person may not purchase, use or possess a synthetic cannabinoid. A person may not distribute a substance: (i) That the person represents is any form of synthetic cannabinoid;
(ii) That the person intends for use or distribution as a synthetic cannabinoid; or
(iii) Under circumstances that one reasonably should know that the substance will be used or distributed for use as a synthetic cannabinoid.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 60 days or both. Property seized in connection with enforcement of this section is subject to forfeiture in accordance with the drug asset forfeiture statute set forth in §§ 12-101 - 12-505 of the Criminal Procedure Article of the Annotated Code of Maryland. (Bill No. 77-10, § 1, 11-19-2010; Bill No. 78-13, § 1, 3-13-2014)
*Each of the above laws do allow for certain exceptions, though these exceptions are limited and may not apply to most students and employees. Those who may wish to view these exceptions are encouraged to refer to the Baltimore County Code.