- Drug & Alcohol Abuse Prevention
- Legal Sanctions
Various federal and state laws and regulations apply to employees and students of BRCC including Federal Drug Free WorkplaceAct of 1988, the Drug-Free Schools and Communities Acts Amendments of 1989 (Public Law 101-226), and Revised Statutes of the State of Louisiana.
- 21 U. S. C. 841 makes it a crime (a) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (b) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
- The Controlled Substances Act places all substances which are in some manner regulated into one of five schedules. The CSA provides penalties for unlawful manufacturing, distribution, and dispensing of controlled substances.
- The U. S. Code establishes and authorizes the U. S. Attorney General to revise as needed, classifications of controlled substances. Schedule I is comprised essentially of “street drugs” and Schedule V is comprised of drugs with a “low potential for abuse” when compared with drugs in schedules I-IV. Examples of Schedule I drugs are heroin and marijuana. PCP, for example, is a Schedule II drug. Amphetamine is a Schedule III drug, while Barbital is a Schedule IV drug. An example of a Schedule V drug would be a prescription medication with not more than 200 mg. of codeine per 100 grams.
- The penalties are determined by the schedule of the drug or other substance, and sometimes are specified by drug name, as in the case of marijuana.
- Penalties for first offenses include a fine up to $10 million and/or a prison term up to life, but no less than 1 year.
- For the Drug Enforcement Agency’s complete list of Federal Trafficking Penalties for Schedules I-V and Marijuana, please see: http://www.justice.gov/dea/druginfo/ftp3.shtml
*Penalties for subsequent violations of the above-described provisions are progressively more severe than the initial convictions. Penalties, laws, and statutes may change without notice. This list is not intended to be comprehensive. For a complete list of drug and alcohol related offenses, please contact the appropriate law enforcement agency.
It is unlawful in Louisiana to produce, manufacture, distribute, dispense, or possess illegal drugs. The most common illegal drugs on college campuses are marijuana, opium derivatives, hallucinogens, depressants, cocaine, cocaine derivatives, methamphetamines, and amphetamines. The Criminal Code of Louisiana carries specific penalties for the possession and use of illegal drugs. Louisiana Revised Statute 40:891.3, Violation of Uniform Controlled Dangerous Substances Law; Drug Free Zone, states that any person who violates a provision of the Uniform Controlled Dangerous Substances Law (Louisiana Revised Statute 40:966-970) while on any property used for school purposes by any school, within two thousand feet of any such property, or while on a school bus, shall, upon conviction, be punished by the imposition of the maximum fine and be imprisoned for not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law.
Louisiana State Law Penalties:
- Possession of Amphetamine or Methamphetamine: The offender shall be imprisoned with or without hard labor for not more than five years and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.
- Possession of Phencyclidine: The offender shall be sentenced to imprisonment with or without hard labor for not less than five nor more than twenty years and may be sentenced to pay a fine of not more than five thousand dollars, or both.
- Possession of Marijuana or Synthetic Cannabinoids: The offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than six months, or both. On a second conviction the offender shall be fined not less than two hundred fifty dollars, nor more than two thousand dollars, imprisoned with or without hard labor for not more than five years, or both.
- Possession of Cocaine or of a mixture or substance containing a detectable amount of cocaine or of its analogues: The offender shall be sentenced to serve a term of imprisonment with hard labor of not less than five years, nor more than thirty years, and to pay a fine of not less than fifty thousand dollars, nor more than one hundred fifty thousand dollars.
- Possession of a classified controlled dangerous substance, unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner: The offender shall be imprisoned with or without hard labor for not more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.
Additional guidelines, including federal legal sanctions for violations of drug and alcohol laws can be found at: http://www.dea.gov/druginfo/ftp3.shtml and on the BRCC website. This information is also available in the Office of Student Programs and Resources and the Office of Human Resources.
Controlled Dangerous Substances, Schedule I – IV (R.S. 40:981.3)
It is unlawful to possess, sell, distribute, or manufacture those drugs listed in the relevant Louisiana statute(s). These drugs include, but are not limited to, marijuana, cocaine, “crack” cocaine, methamphetamines, heroine, “rush” LSD, “roofies,” and prescription drugs without a valid prescription from a licensed physician. Individuals found guilty of a drug violation are subject to a fine of not less than $500, imprisonment at hard labor for up to 30 years, or, if found selling illegal drugs on campus, imprisonment at hard labor for up to 45 years.