Dean of Students Office – BYU

Substance Abuse Policy

All BYU-Idaho Personnel and Students

Each year a few members of the university community are dismissed from employment or enrollment because of inappropriate involvement with drugs. These dismissals are tragic both for the individuals involved and their families. Because of the serious nature and consequence of inappropriate drug involvement, it is important that all members of the university community understand the drug policy established by the university and its Board of Trustees.

It is the policy of the university that as a condition of employment or enrollment all personnel and students completely abstain, whether on or off campus, from the possession, use, or distribution of any illegal drug, and also abstain from the use of any controlled legal substance, without specific medical authorization, or substances that may be harmful to the body. The university interprets the Board of Trustees' directive as including (1) the use of illegal substances such as marijuana, methamphetamine, cocaine, etc., (2) the intentional misuse of prescription medications, (3) the possession of illegal drugs or drug paraphernalia for use or distribution, and (4) the involvement with users without taking any deterrent action.

The university's Board of Trustees has also directed that involvement with illegal drugs will result in immediate termination of employment or suspension from the university on the first offense except in those circumstances where the only contact with the drug was limited and where the employee/student has repented before disciplinary action has begun. When it is determined that an individual's contact with drugs is brief or casual and where the exposure has been decisively abandoned prior to disciplinary action, the individual may be allowed to remain employed or in school on a strict probation. The repentance provision is interpreted as requiring confession to an appropriate ecclesiastical authority and/or presentation to the University Drug Abuse Prevention Office (HOPE program) prior to public discovery, arrest, or initial action by the university.

There are substantial legal sanctions pursuant to local, state, or federal law which may be levied against individuals for the unlawful manufacture, distribution, possession or use an illegal drug, or controlled substance. The law often treats drug offenses as a criminal matter punishable by substantial fines, imprisonment, or other severe sanctions. The Honor Code Office and/or Personnel Office may do their own respective investigations and take action regarding a student or employee's status whether or not criminal court action is taken.

The health risks associated with the inappropriate use of drugs include, but are not limited to, physical and psychological addiction, physical, psychological and spiritual deterioration, disease and death. A description of the applicable health risks associated with the use of illegal drugs and the abuse of alcohol is included in this notice as Exhibit "2".

The university supports participation in programs for the prevention of the inappropriate use of drugs, controlled substances and tobacco/alcohol abuse. The University Drug Abuse Prevention Office can provide confidential assistance with drug and alcohol abuse problems. Assistance is available to provide educational training programs, health information, and preliminary evaluation and counseling for possible referral for outside medical assistance. Individuals may get more information about, or enter the university program through the University Drug Abuse Prevention Office at Admin. 291, 356-2296.

By providing this explanation of policy, the university hopes to encourage elimination of all forms of substance abuse, to help those who currently may be involved to stop such use and get appropriate help, and to assist in stopping the spread of this menace at our college and in society as a whole.

EXHIBIT 1

I. Federal Penalties for Distribution of Illegal Drugs

Federal Trafficking Penalties (See 21 U.S.C.A. and 55 Fed. Reg. 33,589)

CSA	PENALTY		QUANTITY	DRUG	QUANTITY	PENALTY
I and II	2nd Offense 1st Offense					1st Offense 2nd Offense
	Not less than 10 years. Not more than life. If death or serious injury, not less than life. Fine of not more than $4 million individual. $10 million other than individual.	Not less than 5 years. Not more than 40 years If death or serious injury, not less than 20 years. Not more than life. Fine of not more than $2 million individual. $5 million other than individual	10-99 gm or 100-999 gm mixture	METHAMPHETAMINE	100 gm or more or 1 kg or more mixture*	Not less than 10 years. Not more than life. If death or serious injury, not less than 20 years, not more than life. Fine of not more than $4 million individual. $10 million other than individual.	Not less than 20 years. Not more than life. If death or serious injury, not less than life. Fine of not more than $8 million individual. $20 million other than individual.
			100-999 gm mixture	HEROIN	1 kg or more mixture
			500-4,999 gm mixture	COCAINE	5 kg or more mixture
			5-49 gm mixture	COCAINE BASE	50 gm or more mixture
			10-99 gm or 100-999 gm mixture	PCP	100 gm or more or 1 kg or more mixture
			1-10 gm mixture	LSD	10 gm or more mixture
			40-399 gm mixture	FENTANYL	400 gm or more mixture
			10-99 gm mixture	FENTANYL ANALOGUE	100 gm or more mixture
	Drug	Quantity	First Offense		Second Offense
	Others**	Any	Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1 million individual. $5 million not individual.		Not more than 30 years. If death or serious injury, life. Fine $2 million individual. $10 million not individual.
III	All	Any	Not more than 5 years. Fine not more than $250,000 individual. $1 million not individual.		Not more than 10 years. Fine not more than $500,000 individual. $2 million not individual.
IV	All	Any	Not more than 3 years. Fine not more than $250,000 individual. $1 million not individual.		Not more than 6 years. Fine not more than $500,000 individual. $2 million not individual.
V	All	Any	Not more than 1 year. Fine not more than $100,000 individual. $250,000 not individual.		Not more than 2 years. Fine not more than $200,000 individual. $500,000 not individual.

*Law as originally enacted states 100 gm. Congress requested to make technical correction to 1 kg. **Does not include marijuana, hashish, or hash oil.

(See separate chart.)

Federal Trafficking Penalties - Marijuana

Quantity	Description	First Offense	Second Offense
1,000 kg or more; or 1,000 or more plants	Marijuana Mixture containing detectable quantity*	Not less than 10 years, not more than life. If death or serious injury, not less than 20 years, not more than life. Fine not more than $4 million individual, $10 million other than individual.	Not less than 20 years, not more than life. If death or serious injury, not less than life. Fine not more than $8 million individual, $20 million other than individual.
100 kg to 1,000 kg; or 100-999 plants	Marijuana	Not less than 5 years, not more than 40 years. If death or serious injury, not less than 20 years, not more than life. Fine not more than $2 million individual, $5 million other than individual.	Not less than 10 years, not more than life. If death or serious injury, not less than life. Fine not more than $4 million individual, $10 million other than individual.
50 to 100 kg	Marijuana	Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1 million individual, $5 million other than individual.	Not more than 30 years. If death or serious injury, life. Fine $2 million individual, $10 million other than individual.
10 to 100 kg	Hashish
1 to 100 kg	Hashish Oil
50-99 plants	Marijuana
Less than 50 kg	Marijuana	Not more than 5 years. Fine not more than $250,000, $1 million other than individual.	Not more than 10 years. Fine $500,000 individual, $2 million other than individual.
Less than 10 kg	Hashish
Less than 1 kg	Hashish Oil

*Includes Hashish and Hashish Oil (Marijuana is a Schedule I controlled Substance)

II. Federal Penalties for Possession of Illegal Drugs

21 U.S.C. 844(a)

1st Conviction: May be sentenced to a term of imprisonment of not more that 1 year, and shall be fined a minimum of $1,000, or both.

After 1 prior drug conviction: Shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500.

After 2 or more prior drug convictions: Shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.

Special sentencing provisions for possession of crack cocaine: Shall be imprisoned not less than 5 years and not more than 20 years, and fined a minimum of $1,000 if:

(a) 1st conviction and the amount of crack possessed exceeds 5 grams; or
(b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams; or
(c) 3rd or subsequent possession and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853(a)(2) and 881 (a)(7)

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack)

21 U.S.C. 881(a)(4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 884a

Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a

Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g)

Ineligible to receive or purchase a firearm.

Miscellaneous

Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

III. Idaho Penalties for Alcohol and Illegal Drug Abuse

Idaho State drug laws and penalties include, but are not limited to, the following:

Violation Idaho Code '' 37-2732, 2732B (1949)	Controlled Substance Category	Classification	Penalty Idaho Code '' 37-2732, 2732B (1949)
Manufacture, deliver, or possess with the intent to manufacture or deliver, a controlled substance	Narcotic drug classified in Schedule I or controlled substance classified in Schedule II	Felony	Prison term not exceeding life; fine not exceeding $25,000
	Any other controlled substance which is a nonnarcotic drug classified in Schedule I, or a controlled substance classified in Schedule III	Felony	Prison term not exceeding 5 years; fine not exceeding $15,000
	Schedule IV	Felony	Prison term not exceeding 3 years; fine not exceeding $10,000
	Schedules V and VI	Misdemeanor	Prison term not exceeding 1 year; fine not exceeding $5,000
Unlawful possession of a controlled substance	Narcotic drug classified in Schedule I or controlled substance classified in Schedule II	Felony	Prison term not exceeding 7 years; fine not exceeding $15,000
	LSD	Felony	Prison term not exceeding 3 years; fine not exceeding $5,000
	Schedule I (except LSD) or Schedules III, IV, V, and VI	Misdemeanor	Prison term not exceeding 1 year; fine not exceeding $1,000
	Marijuana greater than 3 ounces	Felony	Prison term not exceeding 5 years; fine not exceeding $10,000
Trafficking in marijuana (manufacturing, delivering, bringing into the state, or possessing 1 pound or more of marijuana)		Felony	Mandatory prison term of 1 to 15 years; mandatory fine of $5,000 to $50,000, depending on amount possessed; second conviction doubles penalty
Trafficking in cocaine (manufacturing, delivering, bringing into the state, or possessing 28 grams or more of cocaine)		Felony	Mandatory prison term of 3 to life; mandatory fine of $10,000 to $100,000, depending on amount possessed; second conviction doubles penalty
Trafficking in methamphetamine (manufacturing, delivering, bringing into the state, or possessing 28 grams or more of methamphetamine)		Felony	Mandatory prison term of 3 to life; mandatory fine of $10,000 to $100,000, depending on amount possessed; second conviction doubles penalty
Trafficking in heroin (manufacturing, delivering, bringing into the state, or possessing 2 grams or more of heroin)		Felony	Mandatory prison term of 3 to life; mandatory fine of $10,000 to $100,000, depending on amount possessed; second conviction doubles penalty

The abuse or illegal possession of alcohol is proscribed under Idaho Law. A person must be 21 years of age or older in Idaho in order to lawfully purchase, possess, or consume an alcoholic beverage. If a person's blood alcohol content exceeds 0.10 it is unlawful to drive any motor vehicle and first offense penalties can result in six months in jail or a fine of $1,000, or both. Driving privileges can also be suspended or revoked. There are also local laws prohibiting public intoxication or possession of alcohol by a person under 21 years of age. Below described are specific Idaho criminal statutes proscribing the illegal abuse or possession of alcohol:

IC 49-2446:

Any person that fraudulently misrepresents his age to a dispenser of alcohol faces misdemeanor penalties and possible loss of driving privileges for 90 days.

IC 18-1502:

Any person violating age violations pertaining to the possession, use, procurement, or sale of alcohol is guilty of a misdemeanor:

(1) The maximum fine for a first conviction is $1,000;

(2) A second conviction may result in a maximum sentence of 30 days in jail, a fine of up to $2,000, or both;

(3) Subsequent convictions may result in a maximum sentence of 60 days in jail, a fine of up to $3,000, or both;

(4) Driving privileges may be suspended for violators under the age of 21.

IC 23-603:

Any person that gives or sells alcohol to a minor (under 21 years of age) shall be guilty of a misdemeanor. A second violation shall constitute a felony.

IC 18-8002:

Any person who drives in the State of Idaho shall be deemed to have given his consent to an alcohol test. If the driver refuses to submit to the test:

(1) his drivers license will be seized; and

(2) if his refusal is not reasonable the driver will lose his driving privileges for 180 days.

IC 18-8005:

Any person found guilty of driving under the influence of alcohol for the first time is guilty of a misdemeanor and may be sentenced to:

(1) up to six months of jail; and

(2) may be fined up to $1,000 dollars; and

(3) may have his driving privileges suspended for 180 days.

Any person found guilty of driving under the influence of alcohol for a second [third] time within five years is guilty of a misdemeanor [felony] shall be sentenced to:

(1) not less than 10 [30] days in jail and up to one [five] years; and

(2) may be fined to an amount not to exceed $2,000 [$5,000] dollars; and

(3) shall have his driving privileges suspended for one [five] year.

IC 18-8006:

Any person causing great bodily harm, permanent disability or permanent disfigurement while driving under the influence is guilty of a felony and may be sentenced to:

(1) a minimum jail sentence of 30 days and not to exceed five years; and

(2) may be fined an amount not to exceed $5,000 dollars; and

(3) shall have his driving privileges suspended for a minimum of one year and maximum of five years.

IC 49-335:

Any person who operates a commercial vehicle and holds a Class A, B, or C license is disqualified from operating a commercial vehicle for not less than one year if:

(1) operating a commercial vehicle under the influence of alcohol; and

(2) operating a commercial vehicle while one's blood alcohol is 0.04 or more; and

(3) any person who operates a commercial vehicle and refuses to submit to a test to determine the driver's alcohol concentration.

EXHIBIT 2

HEALTH RISKS
OF ALCOHOL CONSUMPTION

The consumption of alcohol may cause a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms--including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at a greater risk than other youngsters of becoming alcoholics.

Health Risks of Illegal Drugs

CONTROLLED SUBSTANCES - USES AND EFFECTS
DRUGS CSA SCHEDULES	TRADE OR OTHER NAMES	MEDICAL USES	DEPEND. Physical	DEPEND. Psycho.	Toler- ance	Dur. Hours	Method of Admin.	POSSIBLE EFFECTS	EFFECTS OF OVERDOSE	WITHDRAWAL SYNDROME
N A R C O T I C S
Hydrocodone II III	Tussionex, Vicodin, Hycodan, Lorcet	Analgesic, antitussive	High	High	Yes	3-6	Oral	Euphoria, drowsiness, respiratory depression, constricted pupils, nausea	Slow and shallow breathing, clammy skin, convulsions, coma, possible death	Watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills and sweating
Morphine II	Duramorph, MS-Contin, Foxanol, Oramorph-SR	Analgesic	High	High	Yes	3-6	Oral, smoked, injected
Codeine II III V	Tylenol w/Codeine, Empirin w/Codeine, Robitussan A-C, Florinal w/Codeine, APAP w/Codeine	Analgesic, antitussive	Moderate	Moderate	Yes	3-6	Oral, injected
Heroin I	Diacetylmorphine, Horse, Smack	None	High	High	Yes	3-6	Injected, sniffed, smoked
Hydromorphone II	Dilaudid	Analgesic	High	High	Yes	3-6	Oral, injected
Oxycodone II	Percodan, Percocet, Tylox, Roxicet, Roxicodone	Analgesic	High	High	Yes	4-5	Oral
Fentanyl & Analogs	Innovar, Sublimaze, Alfenta, Sufenta, Duragesic	Analgesic, Adjunct to Anesthesia, Anesthetic	High	High	Yes	10-12	Injected, trans-dermal patch
Medhadone & LAAM I II	Dolophine, Methadose, Levoalpha-Acetymethadol, Levomethadyl acetate	Analgesic, Treatment of dependence	High	High	Yes	12-72	Oral, injected
Other Narcotics II III IV V	Percodan, Percocet, Tylox, Opium, Darvon, Buprenorphine, Meperdine	Analgesic, antidiarrheal	High-Low	High-Low	Yes	Vari-able	Oral, injected
A N A B O L I C S T E R O I D S
Testosterone (Cypionate, Enanthate) III	Depo-Testoterone, Delatestryl	Hypogonadism	Unknown	Unknown	Unknown	12-28	Injected	Virilization, acne, testicular atrophy, gynecomastia, aggressive behavior, edema	Unknown	Possible depression
Nandrolone (Decanoate, Phenproplonate) III	Nortestosterone, Durabolin, Deca-Durabolin, Deca	Anemia, breast cancer	Unknown	Unknown	Unknown	14-21	Injection
Oxymetholone III	Anadrol-50	Anemia	Unknown	Unknown	Unknown	1	Oral

EXHIBIT 2 - Health Risks of Illegal Drugs (Continued)

CONTROLLED SUBSTANCES - USES AND EFFECTS
DRUGS CSA SCHEDULES	TRADE OR OTHER NAMES	MEDICAL USES	DEPEND. Physical	DEPEND. Psycho.	Toler- ance	Dur. Hours	Method of Admin.	POSSIBLE EFFECTS	EFFECTS OF OVERDOSE	WITHDRAWAL SYNDROME
D E P R E S S A N T S
Chloral Hydrate IV	Noctec, Somnos, Felsules	Hypnotic	Moderate	Moderate	Yes	5-8	Oral	Slurred speech, disorientation, drunken behavior without odor of alcohol	Shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, possible death	Anxiety, insomnia, tremors, delirium, convulsions, possible death
Barbiturates II III IV	Amytal, Florinal, Nembutal, Seconal, Tuinal, Phenobarbital, Pentobarbital	Anesthetic, anticonvulsant, sedative, hypnotic, veterinary euthanasia agent	High-Mod.	High-Mod.	Yes	5-8	Oral, injected
Benzodiazepines IV	Ativan, Dalmane, Diazepam, Librium, Xanax, Serax, Valium, Tranxene, Verstran, Versed, Halcion, Paxpam, Restoril	Antianxiety, sedative, anticonvulsant, hypnotic	Low	Low	Yes	4-8	Oral, injected
Glutethimide III	Doriden	Sedative, hypnotic	High	Moderate	Yes	4-8	Oral
Other Depressants I II III IV	Equanil, Miltown, Noludar, Placidyl, Valmid, Methaquatone	Antianxiety, sedative, hypnotic	Moderate	Moderate	Yes	4-8	Oral
S T I M U L A N T S
Cocaine¹ II	Coke, Flake, Snow, Crack	Local anesthetic	Possible	High	Yes	1-2	Sniffed, smoked, injected	Increased alertness, excitation, euphoria, increased pulse rate & blood pressure, insomnia, loss of appetite	Agitation, increase in body temperature, hallucinations, convulsions, possible death	Apathy, long periods of sleep, irritability, depression disorientation
Amphetamines/ Methamphetamine II	Biphetamine, Desoxyn, Dexedrine, Obetrol, Ice	Attention deficit disorders, narcolepsy, weight control	Possible	High	Yes	2-4	Oral, injected, smoked
Methylphenidate II	Ritalin	Attention deficit disorders, narcolepsy	Possible	High	Yes	2-4	Oral, injected
Other Stimulants I II III IV	Adipex, Didrex, Ionamin, Melfiat, Plegine, Captagon, Sanorex, Tenuate, Tepanil, Prelu-2, Preludin	Weight control	Possible	High	Yes	2-4	Oral, injected
H A L L U C I N O G E N S
LSD I	Acid, Microdot	None	None	Unknown	Yes	8-12	Oral	Illusions and hallucinations, altered perception of time and distance	Longer, more intense "trip" episodes, psychosis, possible death	Unknown
Mescaline & Peyote I	Mescal, Buttons, Cactus	None	None	Unknown	Yes	8-12	Oral
Amphetamine Variants I	2-5-DMA, STP, MDA, MDMA, Ecstacy, DOM, DOB	None	Unknown	Unknown	Yes	Vari-able	Oral, injected

EXHIBIT 2 - Health Risks of Illegal Drugs (Continued)

CONTROLLED SUBSTANCES - USES AND EFFECTS
DRUGS CSA SCHEDULES	TRADE OR OTHER NAMES	MEDICAL USES	DEPEND. Physical	DEPEND. Psycho.	Toler- ance	Dur. Hours	Method of Admin.	POSSIBLE EFFECTS	EFFECTS OF OVERDOSE	WITHDRAWAL SYNDROME
H A L L U C I N O G E N S (continued)
Phencyclidine and Analogs I II	PCE, PCPy, TCP PCP, Hog, Loveboat, Angel Dust	None	Unknown	High	Yes	Days	Oral, smoked	Illusions and hallucinations, altered perception of time and distance	Longer, more intense "trip" episodes, psychosis, possible death	Unknown
Other Hallucinogens I	Bufotenine, Ibogaine, DMT, DET, Psilocybin, Psilocyn	None	None	Unknown	Poss-ible	Vari-able	Smoked, oral, injected, sniffed			Unknown
C A N N A B I S
Marijuana I	Pot, Acapulco Gold, Grass, Reefer, Sinsemilla, Thai Sticks	None	Unknown	Moderate	Yes	2-4	Smoked, oral	Euphoria, relaxed inhibitions increased appetite, disorientation	Fatigue, paranoia, possible psychosis	Occasional reports of insomnia, hyperactivity, decreased appetite
Tetrahydrocanabinol I II	THC, Marinol	Antinauseant	Unknown	Moderate	Yes	2-4	Smoked, oral
Hashish and Hashish Oil I	Hash, Hash Oil	None	Unknown	Moderate	Yes	2-4	Smoked, oral

¹Designated a narcotic under the CSA ²Not designated a narcotic under the CSA