Drug-Free Schools and Campuses Regulations
Drug-Free Schools and Colleges [EDGAR Part 86]
Farmingdale State College
Annual Notification
December 2020
Federal Drug-Free Schools and Campuses Regulations
[Edgar Part 86]
As a requirement of these regulations, Farmingdale State College is to disseminate and ensure receipt of the below policy/information to all students, staff, and faculty on an annual basis. This process is formally conducted by email communication. Questions concerning this policy and/or alcohol and other drug programs, interventions and policies may be directed to Kelsey Russell, Associate Director of Substance Abuse Outreach and Prevention Programing at (934) 420-5499 or to Jamie Hawkins, Alcohol and other Addictions Counselor at (934) 420-2690
Standards of Conduct and Policies
As an academic community, Farmingdale State College is committed to providing an environment in which learning and scholarship can flourish. The College also recognizes that alcohol and drug use are a major public health concern that have the potential to be harmful to the students and community, along with interfering with the goals and objectives of an academic institution. The College recognizes all Federal, State, Local laws, ordinances, and collective bargaining agreements and expects students and employees to adhere to them. The college also expects students to adhere to related College policies, which include prohibiting the following activities on campus:
- Providing alcoholic beverages to individuals under 21, or possession or consumption of alcoholic beverages by individuals under 21.
- Distribution, possession, or use of illegal drugs or controlled substances.
- Possession of firearms or other dangerous weapons.
The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or off-campus), is prohibited by the Student Code of Conduct. The College shall impose disciplinary sanctions for violations of the Campus Drug and Alcohol Free Workplace Policy in accordance with the various collective bargaining agreements.
It is the goal of FSC to focus on providing students with the proper skills and resources in regards to substance abuse issues. FSC promotes and encourages an educational culture inclusive of substance abuse education and primary prevention programs. The College also strongly encourages students and staff members to voluntarily obtain assistance for dependency or abuse problems before such behavior results in an arrest and/or disciplinary referral.
Help is available both on campus and within the community for students and staff members who are dependent on, or who abuse the use of alcohol or other drugs. Campus Mental Health Services (934) 420-2006, the Employee Assistance Program (934) 420-2644, the Health and Wellness Center (934) 420-2009, and the Alcohol and Other Addictions Counselor (934) 420-2690 shall maintain the confidentiality of persons seeking help for personal dependency and shall not report them to institutional or state authorities. The Health and Wellness Center provides educational and awareness programming, information, and assistance.
Good Samaritan Policy
In cases of alcohol and drug intoxication, the primary concern is the health and safety of the individual(s) involved. FSC strongly encourages individuals to call for medical assistance for themselves or for a friend/acquaintance who is displaying symptoms of alcohol or drug overdose. No student seeking medical treatment for an alcohol or other drug-related overdose, or other life-threatening medical emergency shall be subject to the FSC disciplinary process for the sole violation of using or possessing alcohol or drugs. This policy shall extend to another student seeking help for the intoxicated student or the student who is facing a life-threatening medical emergency.
The health and safety of every student at FSC is of the utmost importance. FSC recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. FSC strongly encourages students to report incidents of domestic violence, dating violence, stalking or sexual assault to institution officials. A bystander acting in good faith, or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to FSC officials or law enforcement shall not be subject to FSC code of conduct action for violations of alcohol and/ or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.
Disciplinary Sanctions for Policy Violations:
Violation of the Campus Alcohol Policy anywhere on the campus of FSC or while officially representing FSC at events through membership of a FSC athletic team or intermural team shall be held to the following disciplinary actions:
- At a minimum the first Offense shall require completion of 3rd Millennium Classrooms’ “Under the Influence” Educational Intervention with a one week completion deadline and a signed Disciplinary Probation Contract.
- At a minimum the second offense shall result in a referral to the FSC Alcohol and other Drug Counselor for mandated screening/appointment(s). In addition, students shall be required to complete a written critical reflective paper which shall be submitted to the Dean of Students Office upon completion of the mandated meeting(s) with FSC Alcohol and other Drug Counselor. Lastly, students shall be held accountable to a signed Disciplinary Probation Contract.
- At a minimum the third offense shall result in suspension from the residence halls (if applicable) as well as social probation and prohibition from participation in co-curricular activities. Lastly, students shall be held accountable to a signed Disciplinary Probation Contract.
- At a minimum the fourth offense shall result in an extended suspension and a signed Disciplinary Probation Contract.
- At any time a student may be expelled or suspended due to violations of this policy.
Violation of the Campus Drug Use Policy anywhere on the campus of FSC or while officially representing FSC at events and activities or through membership of a FSC athletic team or intermural team shall be held to the following disciplinary actions:
- At a minimum the first Offense shall require completion of 3rd Millennium Classrooms’ “Under the Influence” Educational Intervention with a one week completion deadline and a signed Disciplinary Probation Contract.
- At a minimum the second offense shall result in a referral to the FSC Alcohol and other Drug Counselor for mandated screening/appointment(s). In addition, students shall be required to complete a written critical reflective paper which shall be submitted to the Dean of Students Office upon completion of the mandated meeting(s) with FSC Alcohol and other Drug Counselor. Lastly, students shall be held accountable to a signed Disciplinary Probation Contract.
- At a minimum the third offense shall result in suspension from the residence halls (if applicable) as well as social probation and prohibition from participation in co-curricular activities. Lastly, students shall be held accountable to a signed Disciplinary Probation Contract.
- At a minimum the fourth offense shall result in an extended suspension and a signed Disciplinary Probation Contract.
- At any time a student may be expelled or suspended due to violations of this policy.
Possession of drug-related paraphernalia or devices, or alcohol delivery devices anywhere on the campus of FSC or while officially representing FSC at events and activities or through membership of a FSC athletic team or intermural team shall be held to the following disciplinary actions:
- At a minimum the first Offense shall require completion of 3rd Millennium Classrooms’ “Under the Influence” Educational Intervention with a one week completion deadline and a signed Disciplinary Probation Contract.
- At a minimum the second offense shall result in a referral to the FSC Alcohol and other Drug Counselor for mandated screening/appointment(s). In addition, students shall be required to complete a written critical reflective paper which shall be submitted to the Dean of Students Office upon completion of the mandated meeting(s) with FSC Alcohol and other Drug Counselor. Lastly, students shall be held accountable to a signed Disciplinary Probation Contract.
- At a minimum the third offense shall result in suspension from the residence halls (if applicable) as well as social probation and prohibition from participation in co-curricular activities. Lastly, students shall be held accountable to a signed Disciplinary Probation Contract.
- At a minimum the fourth offense shall result in an extended suspension and a signed Disciplinary Probation Contract.
- At any time a student may be expelled or suspended due to violations of this policy.
As members of the College community, students are also subject to city ordinances and to state and federal law. Arrest and prosecution for alleged violations of criminal law or city ordinances may result from the same incident for which the University imposes disciplinary sanctions.
Employee Sanctions
The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by employees on University premises, or while conducting University business off University premises, is absolutely prohibited.
Violations of this prohibition by employees shall result in the application of sanctions, including possible required participation in an approved drug abuse assistance or rehabilitation program, and disciplinary action up to and including termination of employment under applicable Board of Trustee regulations, College policies, statutes, employment contracts, and/or collective bargaining agreements.
New York Legal Sanctions for Violation of Alcohol Control Statutes
NYS ABC LAW Special Provisions relating to Liquor |
Specifics |
Sentences |
§ 65-a. Procuring alcoholic beverages for persons under the age of 21 years |
Any person who misrepresents the age of a person under the age of 21 years for inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law to such person.
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A fine of not more than $200, or imprisonment up to five days, or both.
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1st violation: a fine of not more than $100 and/or up to 30 hours of community service. Also may order completion of an alcohol awareness program. |
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2nd violation: a fine of $50 to $350 and/or up to 60 hours of community service. Also shall order completion of an alcohol awareness program if not previously completed. |
§ 65-b. Offense for one under age of 21years to purchase or attempt to purchase an alcoholic beverage through fraudulent means. |
No person under the age of 21 years shall present or offer to any licensee, or to the agent or employee of such licensee, any written evidence of age, which is false, fraudulent, or not actually his own, for the purpose of purchasing or attempting to purchase any alcoholic beverage. |
3rd and subsequent violations: a fine of $50 to $750 and/or up to 90 hours of community service, shall order evaluation by an appropriate agency to determine whether the person suffers from the disease of alcoholism or alcohol abuse. Payment for such evaluation shall be made by such person. If person elects to participate in recommended treatment, the court shall order that payment of such fine and community service be suspended pending the completion of such treatment. In addition to these penalties, the court may suspend such person's license to drive a motor vehicle and the privilege of an unlicensed person of obtaining such license: 1st violation: a three month suspension; 2nd violation: a six month suspension; 3rd or subsequent violation: a one year suspension or until the holder reaches the age of 21, whichever is the greater period. |
§ 65-c. Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of 21 years. |
No person under the age of 21 years shall possess any alcoholic beverage with the intent to consume such beverage. |
A fine up to $50 and/or completion of an alcohol awareness program and/or up to 30 hours of community service.
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New York Legal Sanctions for Driving Under the Influence
New York Legal Sanctions for Drinking and Driving Under Age 21
NYS VAT Law Alcohol & Drug related Offenses |
Specifics |
Sentences |
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§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. |
1. Driving while ability impaired: No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol. |
A fine of $300 to $500 or imprisonment in a penitentiary or county jail for up to 15 days, or both. If convicted of a violation of §1192 within the preceding 5 years: a fine of $500 to $750 or imprisonment up to 30 days, or both.
If convicted 2 or more times of a violation of §1192 within the preceding 10 years, misdemeanor: a fine of $750 to $1,500 or imprisonment of up to 180 days, or both. See also additional penalties and license sanctions. |
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§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. |
2. Driving while intoxicated; per se: No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person’s blood, breath, urine or saliva.
3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition. |
Misdemeanor: a fine of $500 to $1,000 imprisonment in a penitentiary or county jail for up to one year, or both.
Installation of an ignition interlock device in any motor vehicle owned or operated by such person during the term of probation or conditional discharge, for a period of no less than 12 months.
Class E Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide within the preceding 10 years: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.
Class D Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide twice within the preceding 10 years or three or more times within the preceding 15 years: a fine of $2,000 to $10,000 or a period of imprisonment as provided in the penal law, or both.
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§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. |
2-a. (a) Aggravated driving while intoxicated; per se: No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva.
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Misdemeanor: a fine of $1,000 to $2,500 or imprisonment in a penitentiary or county jail for up to one year, or both.
Installation of an ignition interlock device in any motor vehicle owned or operated by such person during the term of probation or conditional discharge, for a period of no less than 12 months.
Class E Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide within the preceding 10 years: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.
Class D Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide twice within the preceding 10 years or three or more times within the preceding 15 years: a fine of $2,000 to $10,000 or a period of imprisonment as provided in the penal law, or both.
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§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. |
2-a. (b) Aggravated driving while intoxicated; with a child: No person shall operate a motor vehicle in violation of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. |
Class E Felony: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.
Installation of an ignition interlock device in any motor vehicle owned or operated by such person during the term of probation or conditional discharge, for a period of no less than 12 months.
Class E Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide within the preceding 10 years: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.
Class D Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide twice within the preceding 10 years or three or more times within the preceding 15 years: a fine of $2,000 to $10,000 or a period of imprisonment as provided in the penal law, or both. |
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§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. |
4. Driving while ability impaired by drugs: No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.
4-a. Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs. |
Misdemeanor: a fine of $500 to $1,000 imprisonment in a penitentiary or county jail for up to one year, or both.
Class E Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide within the preceding 10 years: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.
Class D Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide twice within the preceding 10 years or three or more times within the preceding 15 years: a fine of $2,000 to $10,000 or a period of imprisonment as provided in the penal law, or both.
See also additional penalties and license sanctions. |
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§ 1192-a. Operating a motor vehicle after having consumed alcohol; under the age of 21; per se. |
No person under the age of 21 shall operate a motor vehicle after having consumed alcohol (if such person has .02 to .07 of one per centum by weight of alcohol in his/her blood, as shown by chemical analysis of his/her blood, breath, urine or saliva).
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specifications |
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For a violation of §1192, the court may require the defendant to attend a single session conducted by a victims impact program. |
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Additional penalties. |
1. A violation of subdivision 2 or 3 after having been convicted of a violation of subdivision 2 or 3 of such §1192 within the preceding 5 years: in addition to any other penalties, imprisonment of 5 days or be required to perform 30 days of service for a public or not-for- profit corporation, association, institution or agency, except when sentenced to a term of imprisonment of 5 days or more. 2. A violation of subdivision 2 or 3 after having been convicted of a violation of subdivision 2 or 3 of such §1192 on two or more occasions within the preceding 5 years: in addition to any other penalties, imprisonment of 10 days or be required to perform 60 days of service for a public or not-for-profit corporation, association, institution or agency, except when sentenced to a term of imprisonment of 10 days or more.
3. A court sentencing a person pursuant to (1) or (2) above shall (a) order the installation of an ignition interlock device… during any period of license revocation and (b) order that such person receive an assessment of the degree of their alcohol or substance abuse. Where such assessment indicates the need treatment, the court is authorized to impose treatment as a condition of such sentence. |
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License sanctions |
Suspension: 1. Driving while ability impaired: Ninety days, where the holder is convicted of a violation of subdivision of §1192; 2. Persons under the age of 21; driving after having consumed alcohol Persons under the age of 21; driving after having consumed alcohol operated a motor vehicle after having consumed alcohol in violation of § 1192-a of an article where such person was under the age of 21 at the time of commission of such violation. Revocations A license shall be revoked and a registration may be revoked for the following minimum periods: 1. Driving while ability impaired; prior offense: 6 months, where the holder is convicted of a violation of subdivision one of § 1192 committed within 5 years of a conviction for a violation of any subdivision of §1192.
2. Driving while ability impaired; misdemeanor offense: 6 months, where the holder is convicted of a violation of subdivision one of §1192 committed within 10 years of two previous convictions for a violation of any subdivision of §1192.
3. Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs; aggravated driving while intoxicated: 6 months, where the holder is convicted of a violation of subdivision two, three, four or four-a of §1192. One year where the holder is convicted of a violation of subdivision two-a of §1192. 4. Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs; aggravated driving while intoxicated; prior offense: One year, where the holder is convicted of a violation of subdivision two, three, four or four-a of §1192 committed within 10 years of a conviction for a violation of subdivision two, three, four or four-a of §1192. 18 months, where the holder is convicted of a violation of subdivision two-a of §1192 committed within ten years of a conviction for a violation of subdivision two, two-a, three, four or four-a of §1192; or where the holder is convicted of a violation of subdivision two, three, four or four-a of §1192 committed within ten years of a conviction for a violation of subdivision two-a of §1192. 5. Persons under the age of 21: One year, where the holder is convicted of or adjudicated a youthful offender for a violation of any subdivision of §1192, or is convicted of or receives a youthful offender or other juvenile adjudication for an offense consisting of operating a motor vehicle under the influence of intoxicating liquor where the conviction, or youthful offender or other juvenile adjudication was had outside this state, and the person was under the age of 21 at the time of commission of such violation. 6. Persons under the age of 21; prior offense or finding: One year or until the holder reaches the age of 21, whichever is the greater period of time, where the holder has been found to have operated a motor vehicle after having consumed alcohol in violation of §1192-a, or is convicted of, or adjudicated a youthful offender for, a violation of any subdivision of §1192, or is convicted of or receives a youthful offender or juvenile adjudication for an offense consisting of operating a motor vehicle under the influence of intoxicating liquor where the conviction, or youthful offender or other juvenile adjudication was had outside this state, when the person was under the age of 21 at the time of commission of such violation and has previously been found to have operated a motor vehicle after having consumed alcohol in violation of §1192-a, or has previously been convicted of, or adjudicated a youthful offender for, any violation of §1192 not arising out of the same incident, or has previously been convicted of or received a youthful offender or juvenile adjudication for an offense consisting of operating a motor vehicle under the influence of intoxicating liquor when the conviction, or youthful offender or other juvenile adjudication was had outside this state and not arising out of the same. 7. Out-of-state offenses: except as provided in (5) or (6) above, (1) 90 days, where the holder is convicted of an offense consisting of operating a motor vehicle under the influence of intoxicating liquor where the conviction was had outside this state and (2) 6 months, where the holder is convicted of, or receives a youthful offender or other juvenile adjudication, which would have been a misdemeanor or felony if committed by an adult, in connection with, an offense consisting of operating a motor vehicle under the influence of or while impaired by the use of drugs where the conviction or youthful offender or other juvenile adjudication was had outside this state. |
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Notice of charges to parent or guardian. |
Upon the first scheduled appearance of any person under eighteen years of age who resides within the household of his or her parent or guardian upon a charge of a violation of subdivision one, two and/or three of §1192, the local criminal court shall forthwith transmit written notice of such appearance or failure to make such appearance to the parent or guardian of such minor person |
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New York Statutory Provisions for Illegal Drugs Possession, Manufacture, or Delivery
NYS Penal Law Controlled Substances Offenses |
Specifics |
Sentences |
§ 220.03 Criminal possession of a controlled substance (7th degree). |
Knowingly and unlawfully possessing a controlled substance (any substance listed in §3306 of the NYS Public Health Law other than marijuana, but including concentrated cannabis as defined in §3302 of NYS Penal Law Article 220). |
Class A misdemeanor: imprisonment up to one year. |
§ 220.06 Criminal possession of a controlled substance (5th degree). |
Knowingly and unlawfully possessing: 1. a controlled substance with intent to sell it; or 2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation (aggregate weight of ½ oz or more); or 3. phencyclidine (50 mg or more); or 4. one or more preparations, compounds, mixtures or substances containing concentrated cannabis (aggregate weight of ¼ oz ounce or more); or 5. cocaine (500 mg or more); or 6. ketamine (more than 1,000 mg); or 7. ketamine, and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or 8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid (aggregate weight of 28 g or more). |
Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years. |
§ 220.09 Criminal possession of a controlled substance (4th degree). |
Knowingly and unlawfully possessing: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug (an aggregate weight of 1/8 oz or more); or 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers (an aggregate weight of ½ oz or more); or 3. one or more preparations, compounds, mixtures or substances containing a narcotic preparation (an aggregate weight of 2 oz or more); or 4. a stimulant (1 g or more); or 5. lysergic acid diethylamide (1 mg or more); or 6. a hallucinogen (25 mg or more); or 7. a hallucinogenic substance (1 g or more); or 8. a dangerous depressant (10 oz or more); or 9. a depressant (2 lbs or more); or 10. one or more preparations, compounds, mixtures or substances containing concentrated cannabis (an aggregate weight of 1 oz or more); or 11. phencyclidine (250 mg or more); or 12. methadone 360 mg or more); or 13. phencyclidine (50 mg or more) with intent to sell it and has previously been convicted of an offense defined in § 220 or the attempt or conspiracy to commit any such offense); or 14. ketamine (4,000 mg or more); or 15. one or more preparations, compounds, mixtures or substances containing g |
Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years. |
§ 220.16 Criminal possession of a controlled substance (3rd degree). |
Knowingly and unlawfully possessing: 1. a narcotic drug with intent to sell it; or 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been convicted of an offense defined in § 220 or the attempt or conspiracy to commit any such offense; or 3. a stimulant (1 g or more) with intent to sell it; or 4. lysergic acid diethylamide (1 mg or more) with intent to sell it; or 5. a hallucinogen (25 mg or more) with intent to sell it; or 6. a hallucinogenic substance (1 g or more) with intent to sell it; or 7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers (1/8 oz or more) with intent to sell it; or 8. a stimulant (5 g or more); or 9. lysergic acid diethylamide (5 mg or more); or 10. a hallucinogen (125 mg or more): or 11. a hallucinogenic substance (5 g or more); or 12. one or more preparations, compounds, mixtures or substances containing a narcotic drug (aggregate weight of ½ oz or more); or 13. phencyclidine (1250 mg or more). |
Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years]. For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years. |
§ 220.18 Criminal possession of a controlled substance (2nd degree). |
Knowingly and unlawfully possessing: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug (aggregate weight of 4 oz or more); or 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers (aggregate weight of 2 oz or more); or 3. a stimulant (10 g or more); or 4. lysergic acid diethylamide (25 mg or more); or 5. a hallucinogen (625 mg or more); or 6. a hallucinogenic substance (25 g or more); or 7. methadone (2850mg or more). |
Class A-II felony: imprisonment 3 to 10 years. For a 2nd time: offender, imprisonment for 6 to 14 years (may be sentenced to lifetime probation). For a 2nd time offender previously convicted of a violent felony: imprisonment for 8 to 17 years. |
§ 220.21 Criminal possession of a controlled substance (1st degree). |
Knowingly and unlawfully possessing: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug (aggregate weight of 8 oz or more); or 2. methadone (5760 mg or more). |
Class A-I felony: imprisonment for 8 to 20 years. For a 2nd time offender: imprisonment for 12 to 24 years. For a 2nd time offender previously convicted of a violent felony, imprisonment for 15 to 30 years. |
§ 220.25 Criminal possession of a controlled substance (presumption). |
1. The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession by each and every person in the automobile at the time the substance was found (see §220.25 for exceptions). 2. The presence of a narcotic drug, narcotic preparation, marijuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found (see §220.25 for exceptions). |
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§ 220.31 Criminal sale of a controlled substance (5th degree). |
Knowingly and unlawfully selling a controlled substance (any substance listed in schedule I, II, III, IV or V of §3306 of the NYS Public Health Law other than marijuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of §3302 of NYS Penal Law Article 220). |
Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years |
§ 220.34 Criminal sale of a controlled substance (4th degree). |
Knowingly and unlawfully selling: 1. a narcotic preparation; or 2. a dangerous depressant (10 oz or more) or a depressant (2 lbs or more); or 3. concentrated cannabis as defined in §3302 of the NYS Public Health Law; or 4. phencyclidine (50 mg or more); or 5. methadone; or 6. phencyclidine (any amount) and previously convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or 7. ketamine (4,000 mg or more); or 8. a controlled substance in violation of section 220.31, when such sale takes place upon school grounds; or the grounds of an educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds; or 9. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid (28 g or more), as defined in §3306 of the NYS Public Health Law. |
Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years. |
§ 220.39 Criminal sale of a controlled substance (3rd degree). |
Knowingly and unlawfully selling: 1. a narcotic drug; or 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide (and previously convicted of an offense defined in §220 or the attempt or conspiracy to commit any such offense; or 3. a stimulant (1 g or more); or 4. lysergic acid diethylamide (1 mg or more); or 5. a hallucinogen (25 mg or more); or 6. a hallucinogenic substance (1 g or more); or 7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers (aggregate weight of 1/8 oz or more); or 8. phencyclidine (250 mg or more); or 9. a narcotic preparation to a person less than 21 years old. |
Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years]. For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years. |
§ 220.41 Criminal sale of a controlled substance (2nd degree). |
Knowingly and unlawfully selling: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug (aggregate weight of ½ oz or more); or 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers (aggregate weight of ½ oz or more); or 3. a stimulant (5 g or more); or 4. lysergic acid diethylamide (5 mg or more); or 5. a hallucinogen (125 mg or more); or 6. a hallucinogenic substance (5 g or more); or 7. methadone (360 mg or more). |
Class A-I felony: imprisonment for 8 to 20 years. For a 2nd time offender: imprisonment for 12 to 24 years. For a 2nd time offender previously convicted of a violent felony, imprisonment for 15 to 30 years |
§ 220.43 Criminal sale of a controlled substance (1st degree). |
Knowingly and unlawfully selling: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug (aggregate weight of 2 oz or more); or 2. methadone (2880 mg or more). |
Class A-II felony: imprisonment 3 to 10 years. For a 2nd time: offender, imprisonment for 6 to 14 years (may be sentenced to lifetime probation). For a 2nd time offender previously convicted of a violent felony: imprisonment for 8 to 17 years. |
§ 220.44 Criminal sale of a controlled substance in or near school grounds. |
Knowingly and unlawfully selling: 1. a controlled substance in violation of any one of subdivisions 1– 6-a of §220.34, when such sale takes place upon school grounds; or 2. a controlled substance in violation of any one of subdivisions 1– 8 of §220.39, when such sale takes place upon school grounds; or 3. a controlled substance in violation of any one of subdivisions 1– 6 of §220.34, when such sale takes place upon the grounds of an educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds; or 4. a controlled substance in violation of any one of subdivisions 1–8 of §220.39, when such sale takes place upon the grounds of an educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds. |
Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years]. For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years. |
§ 220.45 Criminally possessing a hypodermic instrument. |
Knowingly and unlawfully possessing or selling a hypodermic syringe or hypodermic needle. |
Class A misdemeanor: imprisonment up to one year. |
§ 220.46 Criminal injection of a narcotic drug. |
Knowingly and unlawfully possessing a narcotic drug and intentionally injecting, by means of a hypodermic syringe or hypodermic needle, all or any portion of that drug into the body of another person with the latter’s consent. |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years. |
§ 220.50 Criminally using drug paraphernalia (2nd degree). |
Knowingly possessing or selling: 1. diluents, dilutants or adulterants, including but not limited to, any of the following: quinine hydrochloride, mannitol, mannite, lactose or dextrose, adapted for the dilution of narcotic drugs or stimulants under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for purposes of unlawfully mixing, compounding, or otherwise preparing any narcotic drug or stimulant; or 2. gelatine capsules, glassine envelopes, vials, capsules or any other material suitable for the packaging of individual quantities of narcotic drugs or stimulants under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for the purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant; or 3. scales and balances used or designed for the purpose of weighing or measuring controlled substances, under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant. |
Class A misdemeanor: imprisonment up to one year
|
§ 220.55 Criminally using drug paraphernalia (1st degree). |
Committing the crime of criminally using drug paraphernalia in the second degree and having previously been convicted of criminally using drug paraphernalia in the 2nd degree. |
Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years. |
§ 220.60 Criminal possession of precursors of controlled substances. |
Possessing and at the same time intending to unlawfully manufacture: 1. a controlled substance; or 2. carbamide (urea) and propanedioc and malonic acid or its derivatives; or 3. ergot or an ergot derivative and diethylamine or dimethyl-formamide or diethylamide; or 4. phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine; 5. pentazocine and methyliodide; or 6. phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine; 7. diephenylacetonitrile and dimethylaminoisopropyl chloride; or 8. piperidine and cyclohexanone and bromobenzene and lithium or magnesium; or 9. 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent. |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years |
§ 220.65 Criminal sale of a prescription for a controlled substance. |
When, being a practitioner, as that term is defined in §3302 of the NYS Public Health Law, knowingly and unlawfully selling a prescription for a controlled substance. |
Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years. |
§ 220.70 Criminal possession of methamphetamine manufacturing material (2nd degree). |
Possessing a precursor, a chemical reagent or a solvent with the intent to use or knowing another intends to use such precursor, chemical reagent, or solvent to unlawfully produce, prepare or manufacture methamphetamine. |
Class A misdemeanor: imprisonment up to one year. |
§ 220.71 Criminal possession of methamphetamine manufacturing material (1st degree). |
Committing the offense of criminal possession of methamphetamine manufacturing material in the second degree, as defined in § 220.70, and has previously been convicted within the preceding 5 years of criminal possession of methamphetamine manufacturing material in the 2nd degree or a violation of this section. |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years. |
§ 220.72 Criminal possession of precursors of methamphetamine. |
Possessing at the same time a precursor and a solvent or chemical reagent, with intent to use or knowing that another intends to use each such precursor, solvent or chemical reagent to unlawfully manufacture methamphetamine |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years. |
§ 220.73 Unlawful manufacture of methamphetamine (3rd degree). |
Possessing, with intent to use, or knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination; or one item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination; or a precursor: (a) mixed together with a chemical reagent or solvent; or (b) with two or more chemical reagents and/or solvents mixed together |
Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years. |
§ 220.74 Unlawful manufacture of methamphetamine (2nd degree). |
1. Commits violation of § 220.73 in the presence of another person under the age of 16, provided, however, that the actor is at least 5 years older than such other person under the age of 16; or 2. Commits violation of § 220.73 and has previously been convicted within the preceding 5 years of the offense of criminal possession of precursors of methamphetamine, criminal possession of methamphetamine manufacturing material in the 1st degree, unlawful disposal of methamphetamine laboratory material, unlawful manufacture of methamphetamine in the 3rd degree, the 2nd degree, or the 1st degree. |
Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years. |
§ 220.75 Unlawful manufacture of methamphetamine (1st degree). |
Commits the crime of unlawful manufacture of methamphetamine in the 2nd degree after having previously been convicted within the preceding 5 years of unlawful manufacture of methamphetamine in the 3rd degree unlawful manufacture of methamphetamine in the 2nd degree or unlawful manufacture of methamphetamine in the 1st degree. |
Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years]. For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years. |
§ 220.76 Unlawful disposal of methamphetamine laboratory material. |
Knowingly disposing of, or possessing with intent to dispose of, hazardous or dangerous material under circumstances that create a substantial risk to human health or safety or a substantial danger to the environment. |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years. |
NYS Penal Law Offenses Involving Marijuana |
Specifics |
Sentences |
§ 221.05 Unlawful possession of marijuana. |
Knowingly and unlawfully possessing marijuana is a violation. |
A fine of up to $100. A fine of up to $200 if previously convicted of an offense defined in § 220 or § 221, committed within the 3 years immediately preceding such violation. A fine of up to $250 or imprisonment up to 15 days or both if previously convicted of two such offenses committed during such period. |
§ 221.10 Criminal possession of marijuana (5th degree). |
Knowingly and unlawfully possessing marijuana in a public place, as defined in section 240.00 of this chapter, and such marijuana is burning or open to public view; or one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 25 g). |
open to public view; or one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 25 g). Class B misdemeanor: imprisonment up to three months. |
§ 221.15 Criminal possession of marijuana (4th degree). |
Knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 2 oz). |
Class A misdemeanor: imprisonment up to one year. |
§ 221.20 Criminal possession of marijuana (3rd degree). |
Knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 8 oz). |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years. |
§ 221.25 Criminal possession of marijuana (2nd degree). |
Knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 16 oz). |
Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years. |
§ 221.30 Criminal possession of marijuana (1st degree). |
Knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 10 lbs). |
Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years. |
§ 221.35 Criminal sale of marijuana (5th degree). |
Knowingly and unlawfully selling, without consideration, one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of 2 g or less); or one cigarette containing marijuana. |
Class B misdemeanor: imprisonment up to three months. |
§ 221.40 Criminal sale of marijuana (4th degree). |
Knowingly and unlawfully selling marijuana, except as provided in §221.35. |
Class A misdemeanor: imprisonment up to one year. |
§ 221.45 Criminal sale of marijuana (3rd degree). |
Knowingly and unlawfully selling one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 25 g ). |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years. |
§ 221.50 Criminal sale of marijuana (2nd degree) |
Knowingly and unlawfully selling one or more preparations, compounds, mixtures or substances containing marijuana (aggregate weight of more than 4 oz, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana to a person less than 18 years of age. |
Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years. |
§ 221.55 Criminal sale of marijuana (1st degree). |
Knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing (aggregate weight of more than 16 oz). |
Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years. |
NYS Penal Law Criminal Diversion of Prescription & Medications |
Specifics |
Sentence |
See § 178.00 for definitions and § 178.05 for limitation of criminal diversion of prescription medications and prescriptions. |
||
§ 178.10 Criminal diversion of prescription medications and prescriptions (4th degree). |
A person is guilty of criminal diversion of prescription medications and prescriptions in the 4th degree when he or she commits a criminal diversion act. |
Class A misdemeanor: imprisonment up to one year |
§ 178.15 Criminal diversion of prescription medications and prescriptions (3rd degree). |
A person is guilty of criminal diversion of prescription medications and prescriptions in the 3rd degree when he or she: 1. commits a criminal diversion act, and the value of the benefit exchanged is in excess of $1000; or 2. commits the crime of criminal diversion of prescription medications and prescriptions in the 4th degree, and has previously been convicted of the crime of criminal diversion of prescription medications and prescriptions in the 4th degree. |
Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years. |
§ 178.20 Criminal diversion of prescription medications and prescriptions (2nd degree). |
A person is guilty of criminal diversion of prescription medications and prescriptions in the second degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of $3,000. |
Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years |
§ 178.25 Criminal diversion of prescription medications and prescriptions in the first degree. |
A person is guilty of criminal diversion of prescription medications and prescriptions in the first degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of $50,000. |
Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years. |
Alternative sentence: the court may impose imprisonment of one year or less for a person convicted of a class C, class D or class E felony offense. |
Note: This information is not to be considered legal advice or guaranteed to be a comprehensive inventory of all state laws regarding alcohol and other drugs. The University shall attempt to notify campuses of new or revised legislative reporting or disclosure requirements. It is the user's responsibility to check New York State laws and with relevant SUNY offices to determine whether changes, additions or substitutions have been made.
Federal Drug Sanctions
The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.
Denial of Federal Aid (20 USC 1091)
Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs shall have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work study programs, and more. Students convicted of drug possession shall be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs shall be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.
Forfeiture of Personal Property and Real Estate (21 USC 853)
Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.
Federal Drug Trafficking Legal Sanctions (21 USC 841)
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.
If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.
Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.
Drug/Substance |
Amount |
Penalty - 1st Conviction |
Barbiturates |
Any amount |
Up to 5 years prison. Fine up to $250,000 |
Cocaine |
5 kgs. or more |
Not less than 10 years prison, not more than life. Fine up to $4 million |
Less than 100 grams |
10-63 months prison. Fine up to $1 million |
|
Crack Cocaine |
50 grams or more |
Not less than 10 years prison, not more than life. Fine up to $4 million |
5-49 grams |
Not less than 5 years prison, not more than 40 years. Fine up to $2 million |
|
5 grams or less |
10-63 months prison. Fine up to $1 million |
|
Ecstasy |
Any amount |
Up to 20 years imprisonment. Fine up to $1 million. 3 years of supervised releases (following prison) |
GHB |
Any amount |
Up to 20 years imprisonment. Fine up to $1 million. 3 years of supervised releases (following prison) |
Hashish |
10-100 kg |
Up to 20 years imprisonment. Fine up to $1 million. |
10 kg or less |
Up to 5 years imprisonment. Fine up to $250,000 |
|
Hash Oil |
1-100 kg |
Up to 20 years imprisonment. Fine up to $1 million. |
1 kg or less |
Up to 5 years imprisonment. Fine up to $250,000 |
|
Heroin |
1 kg or more |
Not less than 10 years prison, not more than life. Fine up to $4 million |
100-999 grams |
Not less than 5 years prison, not more than 40 years. Fine up to $2 million |
|
100 grams or less |
10-63 months prison. Fine up to $1 million |
|
Ketamine |
Any amount |
Up to 5 years imprisonment. Fine up to $250,000. 2 years supervised release |
LSD |
10 grams or more |
Not less than 10 years prison, not more than life. Fine up to $4 million |
1-10 grams |
Not less than 5 years prison, not more than 40 years. Fine up to $2 million |
|
Marijuana |
1000 kg or more |
Not less than 10 years prison, not more than life. Fine up to $4 million |
100-999 kg |
Not less than 5 years prison, not more than 40 years. Fine up to $2 million |
|
50-99 kg |
Up to 20 years imprisonment. Fine up to $1 million |
|
50 kg or less |
Up to 5 years imprisonment. Fine up to $250,000 |
|
Methamphetamine |
50 grams or more |
Not less than 10 years prison, not more than life. Fine up to $4 million |
10-49 grams |
Not less than 5 years prison, not more than 40 years. Fine up to $2 million |
|
10 grams or less |
10-21 months prison. Fine up to $1 million |
|
PCP |
100 grams or more |
Not less than 10 years prison, not more than life. Fine up to $4 million |
10-99 grams |
Not less than 5 years prison, not more than 40 years. Fine up to $2 million |
|
10 grams or less |
10-21 months prison. Fine up to $1 million |
|
Rohypnol |
1 gram or more |
Up to 20 years imprisonment. Fine up to $1 million |
less than 30 mgs |
Up to 5 years imprisonment. Fine up to $250,000 |
Federal Drug Possession Penalties (21 USC 844)
Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by a minimum fine of $750.
Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than 5 years but not more than 20 years and a fine up to $250,000 or both if:
- It is a first conviction and the amount of crack possessed exceeds 5 grams;
- It is a second conviction and the amount of crack possessed exceeds 3 grams;
- It is a third or subsequent crack conviction and the amount exceeds 1 gram.
Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.
Drug, Alcohol, Counseling and Treatment Programs
Short-term alcohol and other drug counseling is available on campus to students through the Alcohol and Other Addictions Counselor (934) 420-2690 or through Campus Mental Health Services (934) 420-2006. Students may be referred through Mental Health Services or the AOD counselor to other treatment programs for more intensive treatment as needed. Through Farmingdale State College’s Human Resource Department, the Employee Assistance Program offers employees resources and appropriate referrals. In the Long Island area, the following abuse counseling agencies and prevention resources are available. Please see the lists below for providers in Suffolk and Nassau County.
Location |
Detoxification |
Phone |
Age |
Amityville |
South Oaks |
631 608-5610 |
18+ |
Bohemia |
Catholic Charities Talbot House |
631 589-4144 |
18+ |
Calverton |
Wellbridge |
631 508-5523 |
18+ |
East Meadow |
Nassau University Medical Center |
516 572-3256 |
18+ |
Freeport |
Maryhaven Center for Hope |
516 546-7070 |
18+ |
Hampton Bays |
Long Island Center For Recovery |
631 728-3100 |
18+ |
Port Jefferson |
St. Charles Hospital |
631 474-6233 |
18+ |
Riverhead |
Quannacut at Stony Brook Eastern Long Island Hospital |
631 477-5234 |
18+ |
Ronkonkoma |
Phoenix Houses of LI, Inc. |
631 306-5710 |
18+ |
Westhampton Beach |
Seafield Center |
631 288-1122 |
18+ |
|
Inpatient |
|
|
Amityville |
South Oaks |
631 608-5610 |
18+ |
Brentwood |
Charles K. Post ATC |
631 434-7207 |
19+ |
Calverton |
Wellbridge |
631 508-5523 |
18+ |
East Hampton |
The Dunes |
631 604-5405 |
18+ |
East Meadow |
Nassau University Medical Center |
516 572-9402 |
18+ |
Greenport |
Quannacut at Stony Brook Eastern Long Island Hospital |
631 477-8877 |
18+ |
Hampton Bays |
Long Island Center for Recovery |
631 728-3100 |
18+ |
Pt. Jefferson |
St. Charles Hospital |
631 474-6233 |
18+ |
Westhampton Beach |
Seafield Center |
631 288-1122 |
16+ |
|
Residential |
|
|
Brentwood |
Charles K. Post ATC |
631 434-7200 |
18+ |
Brentwood |
Outreach |
631 231-3232 |
13+ |
Brentwood |
Outreach Recovery Center |
631 521-8400 |
18+ |
Brentwood |
Phoenix House of Long Island |
631 306-5710 |
18+ |
Calverton |
Wellbridge |
631 508-5522 |
18+ |
Dix Hills |
SCO Family of Services Morning Star |
631 643-0849 |
18+ |
East Hampton |
The Dunes |
631 604-5405 |
18+ |
Freeport |
Mercy Hall (female) Maryhaven |
516 868-2244 |
21+ |
Hauppauge |
Phoenix Houses of LI, Inc. |
631 979-0922 |
18+ |
Plainview |
Recovery House (male) Maryhaven |
516 977-2050 |
18+ |
|
Opioid Treatment Programs |
|
|
East Meadow |
Nassau County Opioid Treatment Program |
516 572-5801 |
18+ |
Glen Oaks |
Zucker Hillside Hospital |
516 470-8940 |
18+ |
Hauppauge |
Suffolk County Dept of Health Services INC. |
631 853-7373 |
16+ |
Huntington |
Suffolk County Dept of Health Services INC. |
631 854-4400 |
16+ |
Riverhead |
Suffolk County Dept of Health Services INC. |
631 852-2680 |
16+ |
|
Substance Abuse Disorder-Outpatient |
|
|
Amityville |
Hope for Youth |
631 842-7900 |
12+ |
Amityville |
Seafield Services |
631 424-2900 |
18+ |
Amityville |
South Oaks |
631 264-4000 |
13+ |
Bay Shore |
Family Service League |
631 647-3100 |
13+ |
Bellport |
Outreach |
631 286-0700 |
13+ |
Bethpage |
Bridge Back to Life |
516 520-6600 |
14+ |
Brentwood |
Outreach |
631 436-6065 |
18+ |
Brentwood |
Outreach Recovery Center |
631 521-8400 |
18+ |
Commack |
Catholic Charities |
631 543-6200 |
18+ |
Coram |
Welllife Network |
631 920-8324 |
18+ |
Deer Park |
B.E.S.T |
631 392-4357 |
18+ |
East Hampton |
The Dunes |
631 604-5405 |
18+ |
East Hampton |
Phoenix House of LI, Inc. |
631 329-0373 |
18+ |
Elmont |
Backstretch Employee Service Team |
516 488-3434 |
18+ |
Farmingville |
Victory Recovery Partners |
631 696-4357 |
18+ |
Freeport |
South Shore Child Guidance Care Center |
516 868-3030 |
18+ |
Garden City |
Mercy Medical Center |
516 705-3400 |
18+ |
Garden City |
Zucker Hillside Hospital Garden City Treatment Center |
516 742-4015 |
18+ |
Glen Cove |
Melillo Center |
516 676-2388 |
15+ |
Glen Oaks |
Zucker Hillside Addiction Recovery Services-Daehrs |
516 470-8950 |
18+ |
Hampton Bays |
Catholic Charities |
631 723-3362 |
18+ |
Hempstead |
Center for Rapid Recover |
516 292-6449 |
18+ |
Hempstead |
EAC New Path Treatment Center |
516 486-3222 |
18+ |
Hempstead |
EDNY |
516 481-0052 |
18+ |
Hempstead |
Family & Children’s Association |
516 486-7200 |
13+ |
Hempstead |
Hispanic Counseling Center |
516 538-2613 |
15+ |
Hauppauge |
The Kenneth Peters Center for Recovery |
631 273-2221 |
18+ |
Hicksville |
Central Nassau Guidance & Counseling |
516 822-6111 |
14+ |
Hicksville |
Family & Children’s Association |
516 935-6858 |
13+ |
Holtsville |
YMCA Family Services |
631 580-7777 |
12+ |
Huntington |
Samaritan Village Daytop |
631 351-7112 |
13+ |
Huntington |
Huntington Drug & Alcohol |
631 271-3591 |
13+ |
Huntington |
Well Life Network |
631 920-8324 |
15+ |
Huntington |
Mountainside Chappaqua |
631 456-4646 |
18+ |
Lawrence |
Five Towns Community Center |
516 239-6244 |
16+ |
Levittown |
Southeast Nassau Guidance |
516 605-1510 |
14+ |
Levittown |
YES Community Counseling Center |
516 719-0313 |
8+ |
Long Beach |
Long Beach Reach INC |
516 889-2332 |
5+ |
Lynbrook |
Long Beach Reach INC |
516 887-4848 |
12+ |
Massapequa |
YES Community Counseling Center |
516 799-3203 |
8+ |
Mastic |
Family Service League |
631 924-3741 |
13+ |
Medford |
Seafield Services |
631 451-6007 |
13+ |
Merrick |
TEMPO |
516 374-3671 |
14+ |
Middle Island |
Behavioral Enhancement and Substance Abuse Medicine Treatment |
631 949-6060 |
18+ |
Mineola |
Nassau Alternative Advocacy |
516 741-3110 |
18+ |
Mineola |
Seafield Services |
516 747-5644 |
16+ |
North Babylon |
Town of Babylon Beacon Family Wellness Center |
631 422-7676 |
12+ |
Oceanside |
Oceanside Counseling Center |
516 766-6283 |
12+ |
Oyster Bay |
Youth and Family Counseling Agency |
516 922-6867 |
15+ |
Patchogue |
Seafield Services |
631 363-2001 |
15+ |
Pt. Jefferson Station |
John T. Mather Memorial Hospital |
631 331-8200 |
13+ |
Port Washington |
Long Beach Reach INC. |
516 767 1133 |
13+ |
Riverhead |
Family Service League |
631 369-0104 |
13+ |
Riverhead |
Maryhaven Center of Hope, Inc. |
631 727-0710 |
12+ |
Riverhead |
Seafield Services |
631 369-7800 |
14+ |
Riverhead |
Stony Brook at Eastern Long Island Hospital Quannacut |
631 369-8966 |
18+ |
Riverhead |
Victory Recovery Partners |
631 696-4357 |
18+ |
Rockville Centre |
Rockville Center Drug and Alcohol Abuse INC. |
516 764-5522 |
18+ |
Ronkonkoma |
Community Counseling Services |
631 471-3122 |
17+ |
Seaford |
Southeast Nassau Guidance Center |
516 613-9800 |
18+ |
Setauket |
Behavioral Enhancement and Substance Abuse Medicine Treatment |
631 675-2400 |
18+ |
Shirley |
Long Island Community Hospital |
631 852-1070 |
18+ |
Shirley |
Victory Recovery Partners |
631 696-4357 |
18+ |
Smithtown |
Employee Assistance Resources |
631 361-6960 |
18+ |
Smithtown |
Well Life Network |
631 920-8324 |
15+ |
Smithtown |
Town of Smithtown Horizons |
631 360-7578 |
12+ |
Syosset |
The Kenneth Peters Center |
516 364-2200 |
18+ |
Syosset |
TEMPO |
516 374-3671 |
14+ |
Valley Stream |
Friends of Bridge |
516 825-4242 |
14+ |
Valley Stream |
New Horizons Counseling Center |
516 872-9698 |
12+ |
Wantagh |
Southeast Nassau Guidance |
516 781-1911 |
14+ |
Westbury |
North Shore Child and Family Guidance Center |
516 997-2926 |
13-25 |
West Hempstead |
Project Outreach |
516 481-2890 |
18+. |
Woodmere |
TEMPO |
516 374-3671 |
14+ |
Wyandanch |
Well Life Network |
631 920-8324 |
15+ |
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Prevention Resources |
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Amityville |
Hope for youth |
631 782-7900 |
|
Baldwin |
Baldwin Council Against Drug Abuse (BCADA) |
516 434-6097 |
|
Bethpage |
The Safe Center LI, INC. |
516 542-0404 |
|
Central Islip |
West Islip Youth Enrichment Services (YES) |
631 348-3513 |
|
Freeport |
H.E.L.P Services |
516 546-2822 |
|
Glen Cove |
Substance Abuse Free Environment (SAFE) |
516 676-2008 |
|
Hauppauge |
Suffolk County Department of Health Services, INC |
631 853-8500 |
|
Hauppauge, Riverhead, Bayshore |
L.I.C.A.D.D. |
631 979-1700 |
|
Hempstead |
Family & Children's Association |
516 486-7200 ext. 214 |
|
Hempstead |
Hispanic Counseling Center |
516 538-2613 |
|
Holtsville |
YMCA Family Services |
631 580-7777 |
|
Huntington |
Huntington Drug and Alcohol |
631 271-3591 |
|
Huntington |
Welllife Network |
631 920-8000 |
|
Long Beach |
Long Beach Aware |
516 208-6205 |
|
Massapequa |
Yes Community Counseling Center |
516 799-3203 |
|
Mastic |
Family Service League |
631 924-3741 |
|
Medford |
Eastern Suffolk Boces |
631 298-0078 |
|
Port Jefferson Station |
Sunshine Prevention Center Youth & Family Services |
631 476-3099 |
|
Riverhead |
Riverhead Community Awareness Program, INC (CAP) |
631 727-3722 |
|
Smithtown |
Town of Smithtown Horizons Counseling and Education Center |
631 360-7578 |
|
Stony Brook |
Center for Prevention and Outreach |
631 632-6729 |
|
Westbury |
North Shore Child & Family Guidance – Leeds Place |
516 997-2926 |
|
Westhampton Beach |
Human Understanding & Growth Services (HUGS) |
631 288-9505 |
|
Woodmere |
Tempo Group INC. |
516 374-3671 |
|
These agencies provide a variety of services which may include: intake/evaluation, detoxification, intensive residential programs, chemical dependency programs, adolescent and outpatient services, DUI evaluations and remedial education. Interested individuals are encouraged to contact each agency for additional information regarding specific services and costs.
Prevention and Education
Through the Health and Wellness Center (934) 420-2009, a variety of prevention, educational, community programs are offered. Individual, group, and community educational programs and interventions designed to prevent and reduce alcohol and other drug use/abuse are offered to the Farmingdale State College community. Farmingdale ADAPT (alcohol and drug abuse prevention team) is a community coalition working to address current and emerging trends regarding alcohol and other drugs in the greater Farmingdale community. In addition, the Farmingdale ADAPT coalition meets monthly to discuss current substance abuse related issues and trends. As mandated by the Drug-Free Schools and Campuses Act, this policy is distributed to all students, staff and faculty on an annual basis, and during every even year, a biennial review of the comprehensive alcohol and other drug program is conducted. For more information concerning current programs, interventions and policies, contact Kelsey Russell (934) 420-5499, or Jamie Hawkins (934) 420-2690.
Health Risks of Commonly Abused Substances
Substance |
Nicknames/Slang Terms |
Short Term Effects |
Long Term Effects |
Alcohol |
slurred speech, drowsiness, headaches, impaired judgment, decreased perception and coordination, distorted vision and hearing , vomiting, breathing difficulties, unconsciousness, coma, blackouts, |
toxic psychosis, physical dependence, neurological and liver damage, fetal alcohol syndrome, vitamin B1 deficiency, sexual problems, cancer, physical dependence |
|
Amphetamines |
uppers, speed, meth, crack, crystal, ice, pep pills |
increased heart rate, increased blood pressure, dry mouth, loss of appetite, restlessness, irritability, anxiety |
delusions, hallucinations, heart problems, hypertension, irritability, insomnia, toxic psychosis, physical dependence |
Barbiturates and Tranquilizers |
barbs, bluebirds, blues, yellow jackets, red devils, roofies, rohypnol, ruffies, tranqs, mickey, flying v's |
slurred speech, muscle relaxation, dizziness, decreased motor control |
severe withdrawal symptoms, possible convulsions, toxic psychosis, depression, physical dependence |
Cocaine |
coke, cracks, snow, powder, blow, rock |
loss of appetite increased blood pressure and heart rate, contracted blood vessels, nausea, hyper-stimulation anxiety, paranoia, increased hostility Increased rate of breathing, muscle spasms and convulsions. dilated pupils disturbed sleep, |
depression, weight loss, high blood pressure, seizure, heart attack, stroke, hypertension, hallucinations, psychosis, chronic cough, nasal passage injury, kidney, liver and lung damage |
Gamma Hydroxy Butyrate |
GHB, liquid B, liquid X, liquid ecstasy, G, georgia homeboy, grievous bodily harm |
euphoria, decreased inhibitions, drowsiness, sleep, decreased body temperature, decreased heart rate, decreased blood pressure |
memory loss, depression, severe withdrawal symptoms, physical dependence, psychological dependence |
Heroin |
H, junk, smack, horse, skag |
euphoria, flushing of the skin, dry mouth, “heavy” arms and legs, slowed breathing, muscular weakness |
constipation, loss of appetite, lethargy, weakening of the immune system, respiratory (breathing) illnesses, muscular weakness, partial paralysis, coma, physical dependence, psychological dependence |
Ketamine |
K, super K, special K |
dream-like states, hallucinations, impaired attention and memory, delirium, impaired motor function, high blood pressure, depression |
Urinary tract and bladder problems, abdominal pain, major convulsions, muscle rigidity , increased confusion, increased depression, physical dependence, psychological dependence |
LSD |
acid, stamps, dots, blotter, A-bombs |
dilated pupils, change in body temperature, blood pressure and heart rate, sweating, chills, loss of appetite, decreased sleep, tremors, changes in visual acuity, mood changes |
may intensify existing psychosis, panic reactions, can interfere with psychological adjustment and social functioning, insomnia, physical dependence, psychological dependence |
MDMA |
ecstasy, XTC, adam, X, rolls, pills |
impaired judgment, confusion, confusion, blurred vision, teeth clenching, depression, anxiety, paranoia, sleep problems, muscle tension
|
same as LSD, sleeplessness, nausea, confusion, increased blood pressure, sweating , depression, anxiety, memory loss kidney failure, cardiovascular problems, convulsions death, physical dependence, psychological dependence |
Marijuana/Cannabis |
pot, grass, dope, weed, joint, bud, reefer, doobie, roach |
sensory distortion, poor coordination of movement slowed reaction time, panic, anxiety
|
bronchitis, conjunctivas, lethargy, shortened attention span, suppressed immune system, personality changes, cancer, psychological dependence, physical dependence possible for some |
Mescaline |
peyote cactus |
nausea, vomiting, anxiety, delirium, hallucinations, increased heart rate, blood pressure, and body temperature, |
lasting physical and mental trauma, intensified existing psychosis, psychological dependence |
Morphine/Opiates |
M, morf, duramorph, Miss Emma, monkey, roxanol, white stuff |
euphoria, increased body temperature, dry mouth, “heavy” feeling in arms and legs |
constipation, loss of appetite collapsed veins, heart infections, liver disease, depressed respiration, pneumonia and other pulmonary complications, physical dependence, psychological dependence |
PCP |
crystal, tea, angel dust, embalming fluid, killer weed, rocket fuel, supergrass, wack, ozone |
shallow breathing, flushing, profuse sweating, numbness in arms and legs, decreased muscular coordination, nausea, vomiting, blurred vision, delusions, paranoia, disordered thinking |
memory loss, difficulties with speech and thinking, depression, weight loss, psychotic behavior, violent acts, psychosis, physical dependence, psychological dependence |
Psilocybin |
mushrooms, magic mushrooms, shrooms, caps, psilocybin & psilocyn |
nausea, distorted perceptions, nervousness, paranoia, |
confusion, memory loss, shortened attention span, flashbacks may intensify existing psychosis, |
Steroids |
roids, juice |
increased lean muscle mass, increased strength, acne, oily skin, excess hair growth, high blood pressure |
Cholesterol imbalance, anger management problems, masculinization or women, breast enlargement in men, premature fusion of long bones preventing attainment of normal height, atrophy of reproductive organs, impotence, reduced fertility, stroke, hypertension, congestive heart failure, liver damage, psychological dependence |
On Campus Resources/Information
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Off-Campus Resources/Information
Long Island Council on Alcoholism and Drugs 24/7 Substance Abuse Hotline |
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Nassau County’s 24/7 Behavioral Helpline |
https://www.nassaucountyny.gov/1700/Crisis-Hotline-Services
|
Local Police Department – Emergency |
911 |
Local Police Department – Non – Emergency |
http://www.suffolkcountyny.gov/Departments/Police.aspx
|
Suffolk County District attorney |
http://www.suffolkcountyny.gov/da/Home.aspx
|
Dash Crisis Center |
https://www.fsl-li.org/dash-hotline-crisis-care-center-are-available-24-hours-a-day/
|
Long Island Crisis Center |
https://longislandcrisiscenter.org/
|
Response Crisis Center |
https://www.responsecrisiscenter.org/
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Suffolk County Hotline |
https://www.suffolkcountyny.gov/Departments/Health-Services/Mental-Hygiene/Substance-Abuse-Hotline
|
Maryhaven Center of Hope- 24 Hour Substance Abuse Crisis Center |
https://maryhaven.chsli.org/
|
VIBS: Domestic Violence, Sexual Assualt 24 Hour Hotline |
|
In accordance with Americans with Disabilities Act of 1990, no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the College. Further, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the College or be subjected to discrimination by the University.