Drug Policy

In Pennsylvania if one possesses or distributes a small amount of marijuana (30 grams, approximately one ounce, or less) but does not sell it, one is guilty of a misdemeanor and is subject to a maximum penalty of 30 days in jail or a $500.00 fine, or both. Selling marijuana and illegally possessing or distributing any other type of drug carries heavier penalties. A complete copy of the law is available for anyone to review in the Office of the Vice President for College Life and Dean of Students and can also be found by visiting http://www.health.state.pa.us/pdf/ddc/ddcAct.pdf.

It is the policy of Gettysburg College to maintain a drug-free workplace. Illegal possession, use, manufacture, or distribution of drugs or narcotics by employees (while engaged in employment activities or activities related to a federal grant, regardless of the location of these activities) constitutes unacceptable conduct by such employees and makes such employees subject to disciplinary procedures of the College ranging from a reprimand through termination of employment, according to procedures set out in the employee handbooks for staff employees, administrative employees, and faculty.

The purpose of this summary is to provide students and employees of Gettysburg College with general information on applicable laws. Although every effort has been made to provide accurate information at the time of printing, this information can at any time be superseded by changes in the law. Each student and employee has the ultimate responsibility to stay informed concerning changes in the law. Those with specific legal questions are encouraged to seek the services of an attorney.

While the Commonwealth of Pennsylvania does permit medical marijuana for defined medical conditions, the College, in accordance with Federal law, does not permit marijuana on campus under any circumstances. Student violations of the policies and guidelines pertaining to alcohol and drugs specified in the Gettysburg College Judicial System will result in sanctions appropriate to the degree of the violation. Sanctions will increase in severity for repeated violations. Sanctions will include, but are not limited to, fines, education, referrals for counseling, community service, probations, residence hall separation, or suspension or expulsion from the College.

Commonwealth law states that a person who is under 21 years of age and who attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any alcohol, liquor or malt beverages commits a summary offense. Misrepresentation of age to a licensed dealer or other persons who sell or furnish intoxicating liquors constitutes a third degree misdemeanor. A person also commits a third degree misdemeanor for selling or providing alcoholic beverages to a known minor. There are also serious legal repercussions for driving under the influence of alcohol. Drivers under the age of 21 with any measurable alcohol will be charged with Driving Under the Influence. Drivers 21 and over the BAC .08+ will be charged with Driving Under the Influence. Locally, there are borough open container and noise ordinances.

Illegal possession, manufacture, distribution, or use of drugs or narcotics by students constitutes unacceptable conduct and such students are subject to disciplinary measures, including suspension, by the College. When students are awarded PELL or other federally funded grants they agree to abide by the conditions of the drug-free workplace certifications. It is their responsibility to inform the Financial Aid Office within five days of any criminal illegal drug statute conviction.

The complete Commonwealth of Pennsylvania Controlled Substances, Drugs, Devices and Cosmetics Act (Act of 1972, P.L. 233 No 64) can be found at http://www.health.state.pa.us/pdf/ddc/ddcAct.pdf

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

21 U.S.C. 844(a)
- 1st conviction - Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
- After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
- After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.
- Special sentencing provision for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both if:
  - 1st conviction and the amount of crack possessed exceeds 5 grams.
  - 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
  - 3rd or subsequent crack conviction 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. 844a civil fine 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. Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply. The entire Commonwealth of Pennsylvania Controlled Substances, Drugs, Devices and Cosmetics Act (Act of 1972, P.L. 233 No 64) can be found at http://www.health.state. pa.us/pdf/ddc/ddcAct.pdf.