Drug Policy Proposed Changes

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Drug Policy Violations
It is a violation of the Colby College Drug Policy for students to:
1. Possess, manufacture, sell, distribute or use, or participate in the use of illegal
drugs. Prohibited drugs include all illegal drugs such as marijuana, cocaine,
heroin, LSD and other hallucinogens, designer drugs and prescription drugs or
other illegal drugs.
2. Have drug paraphernalia in their residence hall rooms, on their person, or in
any area under their immediate control.
3. Provide illegal or prescription drugs to another individual or use prescription
drugs for purposes other than those for which they are prescribed.
4. Violate state, federal or local laws concerning drug use, distribution, sale or
manufacture.
Sanctions
Violation of the drug policy will subject students to disciplinary actions that may
range from probation, fines, loss of housing, and up to suspension or expulsion.
The College may also require a student who possesses or uses illicit drugs or is
found with drug paraphernalia to participate in an approved drug rehabilitation
program (at the expense of the student) and to provide the College satisfactory
evidence of successful completion of the program and of being drug free.
Sanctions for violation of the drug policy are divided into Category 1, Category 2,
and Category 3.
Category 1
Possessing or providing Marijuana to another student,
misuse of prescription drugs or providing prescription
drugs to other students
First Offense
Warning with fine
Second Offense
Term Probation
Third Offense
Permanent Disciplinary Probation or Suspension
Category II
Possessing or providing cocaine, heroin,
methamphetamine, LSD or other hallucinogens, designer
drugs or other illegal drugs not covered under Category I.
First Offense
Term Probation, Counseling
Second Offense
Suspension, Treatment
Category III
Student is found responsible for the manufacture, sale,
distribution, or intent to distribute any illegal or prescription
drug.
First Offense
Suspension
Second Offense
Suspension or Expulsion
General Overview of Local State and Federal Laws Concerning Drugs
It is a crime to possess, use, sell, manufacture, or distribute illegal drugs. Both
federal and state laws impose criminal sanctions including imprisonment, on
persons violating criminal drug laws.
Maine State Law Prohibits:
Marijuana Possession: Possession of marijuana except as otherwise provided by law,
is illegal and subject to punishment.
Not sure about possession under 2 ½ ounces? Civil Violation – also a Class E Crime?
(1) For possession of over 2 1/2 ounces to 8 ounces of marijuana, a Class E crime;
(2) For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime;
(3) For possession of over one pound to 20 pounds of marijuana, a Class C crime; and
(4) For possession of over 20 pounds of marijuana, a Class B crime. [2009, c.
67, §2 (AMD).]
The state has decriminalized marijuana to some degree. Typically, decriminalization
means no prison time or criminal record for first-time possession of a small amount for
personal consumption. The conduct is treated like a minor traffic violation.
Current Policy
Illegal Drugs
The possession, use, manufacture, cultivation, sale, or distribution of controlled
substances including, but not limited to, marijuana, narcotics, GHB, LSD, psychedelic
mushrooms, drug paraphernalia, or prescription drugs such as anabolic steroids,
Rohypnol, amphetamines, or tranquilizers for which a student does not have a legitimate
prescription is strictly prohibited by both College policy and state and federal law.
Students found in violation of this policy may be subject to suspension or expulsion and
also prosecution by local, state, or federal authorities.
State Drug Offenses
Maine and federal law prohibit the unauthorized possession, furnishing (distributing or
giving away), and trafficking (selling) of scheduled drugs. Scheduled drugs include, but
not limited to cocaine, marijuana, lysergic acid diethylamide (LSD), heroin, and steroids.
Possession is merely exercising or maintaining control over an item. Possession of
drugs can include merely allowing drugs to be kept in your room, car, or locker even
though the drugs are owned by someone else. Students who are convicted of drug
possession or sale may lose eligibility for federal financial aid.
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