VII. LEGAL SANCTIONS FOR DRUG AND ALCOHOL OFFENSES UNDER APPLICABLE LAWS

This section summarizes the legal sanctions that may be imposed for violations of local, State, and Federal laws controlling drugs and alcohol. Statutory references are included for those who wish to study the language of the statute. This section does not describe all prohibited conduct or all applicable sanctions.

A. Federal

Every conceivable act related to the possession, use, production, and distribution of controlled substances is covered by Title 21, U.S.C. (United States Code). The list of controlled substances which may be found under Title 21 U.S.C. 812 and 21 C.F.R. (Code of Federal Regulations 1300.11 through 1300.15) is updated frequently to assure that all designer drugs are covered.

Persons convicted on Federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 860) face penalties of prison terms and fines that are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.

Secondary civil consequences also may flow from criminal drug violations. Property associated with the criminal acts (including homes and/or vehicles) can be confiscated by State or Federal governments.

Those convicted of felony violations may be barred from governmental employment and from licensed professions such as law, medicine, and teaching.

The maximum penalty for the most serious offense is 16 years in prison and a $750,000 fine.

B. State

State criminal statutes (which may generally be found under Titles 12 and 18 of the Colorado Revised Statutes) cover the same scope of conduct; and although the sentences and fines are generally less severe than Federal laws, life sentences are possible for repeat offenders. The maximum penalty for the least serious state offense is a fine of $100 (C.R.S. 18-18-406(1)).

State laws concerning driving under the influence of alcohol apply equally to driving under the influence of drugs.

State laws regulating the production, dispensation, possession, and use of alcohol may be found in Title 12 of the Colorado Revised Statutes. Perhaps their most significant aspect for a college campus is the prohibition of the distribution of alcoholic beverages to any person under the age of 21, to a visibly intoxicated person, or to a known drunkard. They also prohibit any form of assistance to these categories of people in obtaining alcoholic beverages. Violation of these laws is a misdemeanor punishable by fines of $1,000 and jail sentences of a year. However, such conduct may, in some circumstances, constitute contributing to the delinquency of a minor, which is a felony offense punishable by an eight-year prison sentence and a $500,000 fine.

Criminal sanctions also apply to those who operate motor vehicles while under the influence of alcohol and/or drugs. Under Section 42-4-1301, Colorado Revised Statutes, the maximum penalty for such an act is two years in jail and a $5,000 fine. If someone is injured as a result, the act is a felony punishable by four years in prison and a $100,000 fine. If someone is killed, the sentence can be eight years and a $500,000 fine. All such convictions also result in the revocation of driving privileges.

State law requires drivers who are stopped by the police for suspected violation of this law to submit to scientific tests that determine the amount of alcohol in their blood. Those who refuse automatically lose their driver's license.

C. City Ordinances

            1. Canon City Municipal Code

The Municipal Code for the City of Canon City, Chapter 9.12.020, makes it unlawful for any person in the city to carry or have any open containers of alcohol on any public highway, street, alley, sidewalk, parking lot, public building, park, or other public property or place, whether in a vehicle or not, or in or upon any other private property without the express or implied permission of the owner or person in possession and control of such property or such person’s agent 

2. Durango City Ordinances

The Code of Ordinances for the City of Durango, Section 3-10, makes it unlawful for any person in the city to carry or have any open containers of alcohol on any street, sidewalk, alley, parking lot, or other public place in the city, or in any motor vehicle in the city or on the grounds of any public or private school, college or university in the city. It is also unlawful for any person to drink alcohol in any of the above-mentioned places in the city.

3. Pueblo City Ordinances

The Municipal Code for the City of Pueblo, Section 11-1-207, states that it is unlawful for any person twenty-one (21) years of age or older to consume or to possess an alcoholic beverage in an open container in any public place within the City, in any vehicle while upon any public place within the City, or in any private place within the City without the owner’s permission. Violations are Class 2 municipal offenses.

Academic performance, health, personal relationships, and safety suffer when people abuse alcohol and other drugs.

HEALTH RISKS ASSOCIATED WITH THE USE OF ILLICIT DRUGS AND THE ABUSE OF ALCOHOL
Commonly Abused Substances
Substance	Possible Long-term Effects	Dependence Potential
Alcohol	Toxic psychosis, addiction, neurological and liver damage, fetal alcohol syndrome	Yes
Amphetamines uppers, speed	Loss of appetite, delusion, hallucinations, heart problems, hypertension, irritability, insomnia, toxic psychosis	Yes
Barbiturates: barbs, bluebirds, blues	Severe withdrawal symptoms, possible convulsions, toxic psychosis, depression	Yes
Cocaine & cocaine freebase coke, crack	Loss of appetite, depression, weight loss, seizure, heart attack, stroke, hypertension, hallucinations, psychosis, chronic cough, nasal passage injury	Yes
Codeine	Addiction, constipation, loss of appetite, lethargy	Yes
Heroin: H, junk, smack	Addiction, constipation, loss of appetite, lethargy	Yes
LSD, acid	May intensify existing psychosis, panic reactions, can interfere with psychological adjustment and social functioning, insomnia, hallucinations	Possible
MDA, MMDA, MOMA, MDE ecstasy, xtc	Same as LSD, sleeplessness, nausea, confusion increased blood pressure, sweating	Possible
Marijuana (cannabis) pot, grass, dope, weed, joints	Bronchitis, conjunctivitis, possible birth defects	Yes
Mescaline (peyote cactus) mesc, peyote	May intensify existing psychosis, anxiety, incoordination, sweating, chills and shivering	Possible
Methaqualone ludes	Coma, convulsions	Yes
Morphine M, morf	Addiction, constipation, loss of appetite	Yes
PCP, crystal, tea, angel dust	Psychotic behavior, violent acts, psychosis	Yes
Psilocybin, magic mushrooms, shrooms	May intensify existing psychosis	Possible
Steroids, roids, juice	Cholesterol imbalance, acne, anger management problems, masculinization of 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	Yes
Combining any of the above substances with prescription anti-depressants, anti-anxiety medications or attention deficit and hyperactivity disorder (ADHD) medications such as Ritalin is dangerous.

Policy Reviewed: 2008