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:

  1. Providing alcoholic beverages to individuals under 21, or possession or consumption of alcoholic beverages by individuals under 21.
  2. Distribution, possession, or use of illegal drugs or controlled substances.
  3. 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:          

  1. 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.
  2. 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.
  1. At a minimum the fourth offense shall result in an extended suspension and a signed Disciplinary Probation Contract.
  2. 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:

  1. 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.
  2. 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.
  1. At a minimum the fourth offense shall result in an extended suspension and a signed Disciplinary Probation Contract.
  2. 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:

  1. 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.
  2. 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.
  1. At a minimum the fourth offense shall result in an extended suspension and a signed Disciplinary Probation Contract.
  2. 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.

 

A fine of not more than $200, or imprisonment up to five days, or both.

 

 

 

 

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.

 

 

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.

 

 

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

§ 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.

§ 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.

 

§ 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.

 

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.

 

§ 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.

§ 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.

§ 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).

 

 

specifications

For a violation of §1192, the court may require the defendant to attend a single session conducted by a victims impact program.

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.

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.

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

       

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).

 

§ 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:

  1. It is a first conviction and the amount of crack possessed exceeds 5 grams;
  2. It is a second conviction and the amount of crack possessed exceeds 3 grams;
  3. 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+

 

Prevention Resources

 

 

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

Campus Mental Health Services

(934)-420-2006

 

Health and Wellness Center

(934)-420-2009

 

Dean Of Students

(934) 420-2104

University Police

(934) 420-2112

 

Vice President for Student Affairs

(934) 420-2622

 

Employee Assistance Program

(934) 420-2644

 

 

Off-Campus Resources/Information

Long Island Council on Alcoholism and Drugs 24/7 Substance Abuse Hotline

(631)-979-1700

www.LICADD.org

 

Nassau County’s 24/7 Behavioral Helpline

(516)-227-8255

https://www.nassaucountyny.gov/1700/Crisis-Hotline-Services

 

Local Police Department – Emergency

911

Local Police Department – Non – Emergency

(631)  854-8100

http://www.suffolkcountyny.gov/Departments/Police.aspx

 

Suffolk County District attorney 

(631) 853-5602

http://www.suffolkcountyny.gov/da/Home.aspx

 

Dash Crisis Center

(631) 952-3333

https://www.fsl-li.org/dash-hotline-crisis-care-center-are-available-24-hours-a-day/

 

Long Island Crisis Center

(516) 676-1111

https://longislandcrisiscenter.org/

 

Response Crisis Center

(631) 751-7500

https://www.responsecrisiscenter.org/

 

Suffolk County Hotline

(631) 979-1700

https://www.suffolkcountyny.gov/Departments/Health-Services/Mental-Hygiene/Substance-Abuse-Hotline

 

Maryhaven Center of Hope- 24 Hour Substance Abuse Crisis Center

(516) 546-7070

https://maryhaven.chsli.org/

 

VIBS: Domestic Violence, Sexual Assualt 24 Hour Hotline

(631) 360-3606

https://www.vibs.org/

 

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.

Last Modified 4/12/24