Federal State and Local Penalties
Federal, State, and Local Penalties
Ohio law prohibits illicit selling, cultivating, manufacturing, or otherwise trafficking in controlled substances, including cocaine, heroin, amphetamines, and marijuana, knowingly or recklessly furnishing them to a minor, and administering them to any person by force, threat, or deception with the intent to cause serious harm. These offenses are felonies. The law also prohibits knowingly obtaining, possessing, or using a controlled substance and permitting drug abuse on one's premises or in one's vehicle. These offenses may be either felonies or misdemeanors. The law further prohibits obtaining, possessing, or using hypodermics for unlawful administration of drugs and the sale to juveniles of paraphernalia for use with marijuana. These offenses are misdemeanors.
Ohio law provides for mandatory fines, which must be at least $500, and possible imprisonment of any person who sells or furnishes beer or intoxicating liquor to an underage person or who buys beer or liquor for an underage person in violation of the law. Persons found knowingly to allow underage persons to possess and/or consume alcoholic beverages on their premises are guilty of a misdemeanor.
A felony conviction may lead to imprisonment or both imprisonment and fine. The maximum prison term is 25 years. A misdemeanor conviction may lead to imprisonment for up to six months and/or a fine up to $1,000.
With regard to beer and intoxicating liquor, Ohio law provides that a person under 21 years of age who orders, pays for, attempts to purchase, possesses, or consumes beer or liquor, or furnishes false information to effect a purchase, commits a misdemeanor. Ohio law prohibits the possession of beer or liquor which was not lawfully purchased, and a court may order that any place where beer or liquor is unlawfully sold not be occupied for one year, or that the owner or occupant of the premises be required to furnish a surety bond of $1,000 to $5,000. Ohio law requires the mandatory suspension of an individual's license from six months to five years for violation of the Controlled Substance Act.
Federal law forbids the illegal possession of and trafficking in controlled substances. A person convicted for the first time of possessing a controlled substance, other than crack cocaine, may be sentenced to up to one year in prison and fined between $1,000 and $100,000. A second conviction carries a prison term of up to two years and a fine of up to $250,000. Subsequent convictions carry prison terms of up to three years and fines of up to $250,000. Imprisonment for 5-20 years and fines of up to $250,000 apply to persons possessing more than five grams of crack cocaine on the first conviction, three grams on the second, and one gram on subsequent convictions. In addition to the above sanctions, a person convicted of possessing a controlled substance may be punished for forfeiture of property used to possess or facilitate possession, if the offense is punishable by more than one year in prison, forfeiture of any conveyance used to transport or conceal a controlled substance, denial of federal benefits, such as student loans, for up to five years, ineligibility to receive or purchase a firearm, and a civil penalty of up to $10,000.
Rules and Regulations — location governing the use and possession of alcoholic beverages by students and student groups/organizations:
1. Possession and/or use of alcoholic beverages in academic buildings is prohibited at all times.
2. Possession and/or use of alcoholic beverages at all athletic events, including intercollegiate, club, and intramural sports, are prohibited at all times.
3. Consumption of alcoholic beverages on University property is prohibited except as provided in the guidelines below:
- a. University-Owned Rental Properties
Tenant shall neither hold nor permit to occur, any porch or lawn party on the premises. Social gatherings must be held within the house or apartment. Consumption of alcoholic beverages by lessee or guests is the responsibility of the lessee. Kegs are not permitted in university rental properties.
b. Greek Houses
The use of alcoholic beverages within each Greek house by its own member-ship (actives, pledges/associates only) is the responsibility of the chapter. Each Greek chapter is held responsible for adherence to federal, state, and local laws, their national policy and guidelines, and the chapter’s Statement of Mutual Understanding, relating to possession and consumption of alcoholic beverages. Use of alcoholic beverages for rush and pledge activities is prohibited.
c. Residence Halls — Student’s Room
Consumption of any alcoholic beverage by a student of age or guest of age may take place within the confines of a student’s room in accordance with the law of the State of Ohio. When such consumption does take place, the student’s room door must be closed. Kegs, beer balls, or similar types of containers are not permitted in student rooms. Underage students may not be present in rooms where alcohol is being consumed. Open containers, carriers, or cups of alcoholic beverages are not permitted in any lounge, hallway, restroom, or other public area of a residence hall. A minimum fine of $100 is levied for violation of this policy.
d. Open Containers — consuming or possessing alcohol in an open container in any University district location is not permitted and will subject the violator(s) to disciplinary action. The fine for the first offense is a minimum of $100.
Following is a schedule of fines for the first offense. Subsequent offenses are handled on a case-by-case basis.
- 1. a. Open container—minimum $100 fine
b. Serving, receiving, or possessing illegal beverages—$250 fine for organizations, possible probation
c. Not serving food and nonalcoholic beverages together with alcoholic beverages—$250 fine for organizations, possible probation
d. All other violations—appropriate disciplinary action as determined by the appropriate judicial body
2. Driving under the influence of alcohol either on or off campus is grounds for disciplinary action which may include loss of driving privileges, probation, or suspension.
Clean-up and Damage
- 1. All clean-up should be completed immediately following any social event. The sponsoring group will be charged a minimum of $100 for improper cleanup. Additional charges may be levied, as necessary, by the Dean of Students or designee.
2. Any damages that occur on campus which are a result of any social event shall be charged to the sponsoring group (officers, organizers) and/or the responsible individual(s).
- • First offense: Fine $100, referral to alcohol education (on-line)
• Second offense: Referral for alcohol assessment and any continued treatment recommended as a result of the assessment and $100. fine
• Third offense: Disciplinary probation, referral for continued assessment/treatment, parental notification and $200. fine
• Fourth offense: Suspension
Additional sanctions (not in the form of fines) will be given if there are other incidents that accompany the alcohol/drug charge (vandalism, fights, providing alcohol to others, etc.)
Alcohol assessments are referred to a licensed alcohol and drug counselors. Students incur the expense of this program in addition to the requirement that they follow through on any recommendations from the assessment (students can use their insurance benefits to cover the expense).