Alcoholic Beverages, Drugs, Narcotics, Hallucinogenics

Alcoholic Beverages, Drugs, Narcotics, Hallucinogenics

The use, possession, or distribution of alcoholic beverages and/or illicit drugs on University property or as part of any University activity is prohibited. Violation of this standard of conduct will result in the imposition of one or more of the disciplinary sanctions set forth in the Student Handbook under "Types of Disciplinary Actions." In addition, the student will be required to participate in alcohol education programs at his/her expense. Violation of this standard of conduct may also result in severe criminal penalties under local, state, or federal law.

In accordance with the Drug-Free Work-Place Act of 1988, any student who receives a federal Pell Grant and who is convicted of a criminal drug offense that occurred during the period of enrollment covered by the Pell Grant must report the conviction in writing to the Director, Grants and Contracts Services, U.S. Department of Education, 400 Maryland Avenue, S.W., Room #3124, GSA Regional Service Building #3, Washington, D.C. 20202-4571. This report must be made within ten calendar days of the conviction. Failure to report such a conviction may subject the student to suspension or termination of the Pell Grant and ineligibility for other types of federal financial assistance.

Criminal Sanctions

The City of Abilene prohibits the following acts and prescribes the corresponding penalties:

  1. No person will bring or carry or have in his possession within any public park in the city any intoxicating beverage.
  2. If any officer of the city or of the state sees any person violating the terms of this section, he will immediately seize such intoxicating beverage and will hold the same as evidence until the trial of the accused party, and will thereafter dispose of such intoxicating beverage.

The State of Texas prohibits the following acts and prescribes the corresponding penalties:

  1. Being intoxicated in public such that one is in danger to oneself or others is punishable by a fine of up to $200.00.
  2. It is illegal to possess or distribute alcoholic beverages in dry areas. Violation of this law carries a penalty of up to $1,000.00 and/or up to one year in prison.
  3. The purchase, possession or consumption of alcoholic beverages by a person under twenty-one years of age subjects that person to a fine of up to $200.00 for the first offense and up to $500.00 for the second offense.
  4. Making alcohol available to a minor:
    1. Class B Misdemeanor
    2. 0 to $2,000 fine and/or
    3. 180 days jail time
  5. The possession of an intoxicating beverage on the grounds of any public school carries a penalty of up to $200.00.
  6. Driving while intoxicated (DWI) first offense is punishable by a fine up to $2,000, loss of driver's license for 90 days to one year, and three to 180 days in jail. Second offense DWI is punishable by a fine up to $4,000, loss of driver's license for 180 days to two years, and 15 days to one year in jail. Third and subsequent offenses are punishable by a fine up to $10,000, loss of driver's license for 180 days to two years, and two-ten years in jail. The DWI penalties are the same for persons over or under 21 years of age, except for persons under 17 years of age.
    1. Consumption While Driving - Zero Tolerance (Section 106.041)
      Operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system (not measurable).
      1. First Offense
        1. Class C: $0 - $500.00
        2. Alcohol Awareness Course
        3. 20-40 hours community service relating to alcohol education
        4. 60 days TDL suspension (ALR).
        5. 30 days not eligible for occupational license
        6. Cannot be lesser included offense of DWI
      2. Second Offense
        1. Class C: $0 - $500.00
        2. Alcohol Awareness Course (Judge's Option)
        3. 40-60 hours community service relating to alcohol education
        4. 120 days TDL suspension (ALR).
        5. 90 days not eligible for occupational license
        6. Cannot be lesser included offense of DWI
      3. Third Offense: (Under 17)
        1. 180 days TDL suspension (ALR).
        2. Not eligible for occupational license for entire suspension period
        3. Not eligible for deferred adjudication
        4. Cannot be lesser included offense of DWI
        5. Juvenile Court - Delinquent Conduct; or
        6. Criminal Court - Adjudicated as an adult
      4. Third Offense: (17 or Older)
        1. Class B: $0 - $2,000.00 and/or
        2. Confinement in jail up to 180 days
        3. 180 days TDL suspension (ALR).
        4. Not eligible for occupational license for entire suspension period
        5. Not eligible for deferred adjudication
        6. Cannot be lesser included offense of DWI
    2. Administrative License Revocation (ARL) effective January 1, 1995, is separate from DWI. ARL states a person will lose their driver's license for 60 days if they fail a breath or blood test but would lose their driver's license for 90 if they refuse a breath or blood test.
    3. It is illegal for a minor (17 through 20 years of age) to purchase, possess, or consume alcoholic beverages. The penalty for first offense (Minor in Possession-MIP) may include community service, an alcohol awareness course and a fine of $25.00-$250.00; for second offense the fine is $100.00-$500.00.
    4. It is illegal for a minor (17 through 20 years of age) to purchase, attempt to purchase, possess, or misrepresent age. The penalty is a fine of $0 - $500.
    5. Section 106.071 - Punishment:
      1. First Offense:
        1. Class C: $0 - $500.00
        2. Alcohol Awareness Course
        3. 8-12 hours community service relating to alcohol education
        4. 30 days TDL suspension (ALR)
      2. Second Offense:
        1. Class C: $0 - $500.00
        2. Alcohol Awareness Course (Judge's Option)
        3. 20-40 hours community service relating to alcohol education
        4. 60 days TDL suspension (ALR).
      3. Third Offense: (Under 17)
        1. 180 days TDL suspension (ALR).
        2. Juvenile Court - Child in need of supervision; or
        3. Criminal Court - Adjudicated as adult
      4. Third Offense: (17 and Over>
        1. Class B: $250 - $2,000 fine and/or
        2. Confinement in jail up to 180 days
        3. Alcohol Awareness Course (Judge's Option>
        4. 180 days TDL suspension (ALR)
    6. The illegal distribution, possession or use of controlled substances may be punished by five years to life in prison and up to a $2,000 fine depending upon the substance and the amount.
    7. The delivery or possession of controlled substances with the intent to distribute controlled substances is punishable by a jail term of two to 20 years for first or second degree felony or five years to life. One gram or less is a state jail felony punishable by 180 days to three years which has to be probated.
    8. The possession of up to 4 ounces of marijuana may be punished by up to one year in the County jail and a fine of up to $4,000.00 depending on the amount of marijuana involved. Possession of 4 ounces to 5 pounds is a state jail felony requiring 180 days to two years confinement with a $10,000.00 maximum fine. Possession of more than 5 lbs. of marijuana may be punished by years years to 99 years or life in TDCJ and a $10,000.00 maximum fine depending on the amount of marijuana involved.
    9. The delivery of 1/4 ounce or less of marijuana with no remuneration may be punished by up to 180 days in County jail and/or a fine up to $2,000.00. Delivery of 1/4 ounce or less of marijuana with remuneration carries a punishment of up to one year in County jail and/or a fine up to $4,000.00. Distribution of 1/4 ounce to 5 pounds is a state jail felony requiring 180 days to two years confinement with a $10,000.00 maximum fine. Delivery of more than 5 lbs. may be punished by two years to 99 years or life in TDCJ and a $10,000.00 maximum fine depending on the amount of marijuana delivered.

    Federal law prohibits the following acts and prescribes the corresponding penalties:

    FEDERAL TRAFFICKING PENALTIES
    As of November 18, 1988

    Quantity Drug 1st Offense 2nd Offense
    10-99 gm or 100-999 gm mixture METHAMPHE-TAMINE Not less than 5 years. Not more than 40 years Not less than 10 years. Not more than life.
    100 gm or more or 1 kg or more mixture METHAMPHE-TAMINE Not less than 10 years. Not more than life. Not less than 20 years. Not more than life. .
    100-999 gm mixture HEROIN Not less than 5 years. Not more than 40 years. Not less than 10 years. Not more than life.
    1 kg or more mixture HEROIN Not less than 10 years. Not more than life. Not less than 20 years. Not more than life.
    500-4,999 gm mixture COCAINE Not less than 5 years. Not more than 40 years. Not less than 10 years. Not more than life.
    5 kg. or more mixture COCAINE Not less than 10 years. Not more than life. Not less than 20 years. Not more than life.
    5-49 gm mixture COCAINE BASE If death or serious injury, not less than 20 years. Not more than life. If death or serious injury, not less than life.
    50 gm or more mixture COCAINE BASE If death or serious injury, not less than 20 years. Not more than life. If death or serious injury, not less than life.
    10-99 gm or 100-999 gm mixture PCP Fine of not more than $2 million individual, $5 million other than individual. Fine of not more than $4 million individual, $10 million other than individual.
    100 gm or more or 1 kg. or more mixture PCP Fine of not more than $4 million individual, $10 million other than individual. Fine of not more than $8 million individual, $20 million other than individual.
    1-10 gm mixture LSD Fine of not more than $2 million individual, $5 million other than individual. Fine of not more than $4 million individual, $10 million other than individual.
    10 gm or more mixture LSD Fine of not more than $4 million individual, $10 million other than individual. Fine of not more than $8 million individual, $20 million other than individual.
    40-399 gm mixture FENTANYL Fine of not more than $2 million individual, $5 million other than individual. Fine of not more than $4 million individual, $10 million other than individual.
    400 gm or more mixture FENTANYL Fine of not more than $4 million individual, $10 million other than individual. Fine of not more than $8 million individual, $20 million other than individual.
    10-99 gm mixture FENTANYL ANALOGUE Fine of not more than $2 million individual, $5 million other than individual. Fine of not more than $4 million individual, $10 million other than individual.
    100 gm or more mixture FENTANYL ANALOGUE Fine of not more than $4 million individual, $10 million other than individual. Fine of not more than $8 million individual, $20 million other than individual.
    Any Amount ANY OTHER THAN MARIJUANA, HASHISH, OR HASH OIL 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.
    Any Amount ALL DRUGS-TYPE III 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.
    Any Amount ALL DRUGS-TYPE IV 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.
    Any Amount ALL DRUGS-TYPE V 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.

    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 (includes HASHISH and HASHISH OIL) 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 Mixture Containing Detectable Quantity (includes HASHISH and HASHISH OIL) 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 10 to 100 kg 1 to 100 kg 50 to 99 plants MARIJUANA HASHISH HASHISH OIL 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 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.
    1 to 100 kg HASHISH OIL Not more than 20 years. If death or serious injury, not less 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.
    50-99 Plants 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.
    Less than 50 kg Less than 10 kg Less than 1 kg MARIJUANA HASHISH HASHISH OIL 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

    Health Risks Associated With Drug or Alcohol Use

    Narcotics such as opium, morphine, and heroin can cause euphoria, drowsiness, respiratory depression, constricted pupils, and nausea. The symptoms of an overdose of narcotics are slow and shallow breathing, clammy skin, convulsions, coma and possible death. Persons experiencing withdrawal from addiction to narcotics can experience watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills and sweating.

    Depressants such as barbiturates and quaaludes can cause slurred speech, disorientation and drunken behavior. An overdose of a depressant results in shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma and possible death. Withdrawal symptoms include anxiety, insomnia, tremors, delirium, convulsions and possible death.

    Stimulants such as cocaine and crack can cause increased alertness or euphoria, an increased pulse rate and blood pressure, insomnia, and loss of appetite. An overdose of stimulants results in agitation, an increase in body temperature, hallucinations, convulsions, and possible death. Withdrawal symptoms include apathy, long periods of sleep, irritability, depression, and disorientation.

    Hallucinogens such as LSD and amphetamines cause illusions and hallucinations, and poor perception of time and distance. The effects of an overdose include psychosis and possible death.

    Marijuana and hashish can cause euphoria, increased appetite, relaxed inhibitions, and disoriented behavior. The effects of an overdose include fatigue, paranoia, and possible psychosis. Withdrawal symptoms include insomnia, hyperactivity, and decreased appetite.

    Alcohol consumption causes 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 greater risk than other youngsters of becoming alcoholics.

    Treatment, Re-Entry or Rehabilitation Programs

    The following agencies offer counseling and treatment in the area of substance abuse. Hardin-Simmons University in no way endorses or affirms the competency or effectiveness of the services offered by these agencies.
    Abilene Regional Council on Alcohol & Drug Abuse
    104 Pine Street, Suite #212
    Abilene, Tx. 79601
    (325) 673-2242    		 Family Psychology Center
    Hardin-Simmons University
    HSU Station Box 16115
    Abilene, Tx. 79698
    (325) 670-1531
    First Baptist Church
    Ministry of Counseling & Enrichment
    1333 North 2nd
    Abilene, Tx. 79601
    (325) 675-8131    		 Shades of Hope Treatment Center
    Corner of Pecan and Mulberry
    Buffalo Gap, Tx. 79508
    (325) 572-3843
    Pastoral Care & Counseling Center
    751 Hickory
    Abilene, Tx. 79601
    (325) 672-5683
    		 Serenity House of Abilene
    1546 North 2nd
    Abilene, Tx. 79601
    (325) 673-6489