Alcohol, Drug, and Substance Abuse Policies
Alcohol Guidelines for Students and Employees
Legal and Responsible Use of Alcohol
The right to acquire, possess, and consume alcoholic beverages is limited by laws that establish minimum drinking ages, drinking and driving laws, and so on. Miami University also has established policies on alcohol use on campus and by campus groups. It is incumbent on students, faculty, and staff to become knowledgeable regarding these policies, whether for individual decision-making or for planning programs and events for a department or organization, including student organizations.
On-Campus Consumption of Alcoholic Beverages – Compliance with Law
All on-campus possession and consumption of alcoholic beverages must be conducted in accordance with Ohio law and University policy regarding the possession, sale, and consumption of alcohol. Specifically:
- Individuals under the age of twenty-one (21) may not purchase, possess, or consume beer, wine, or intoxicating liquor. It is also against the law for any person to furnish beer, wine, or intoxicating liquor to any person under twenty-one (21) years of age.
- No person shall have in his or her possession any open container of beer, wine, or intoxicating liquor in any public place except where the alcoholic beverage has been lawfully purchased for consumption on the premises of the holder of the appropriate permit from the State Department of Liquor Control.
- Only beer and wine (no intoxicating liquor) may be served at on-campus events to which students are invited. Exceptions must be approved by the Senior Vice President for Finance and Business Services.
Alcohol Guidelines for Faculty and Staff
General Rules
In the presence of students, faculty, and staff are expected to model responsible adult behavior by either abstaining from the use of alcohol or consuming alcohol in moderation. At no time should a member of the faculty or staff be intoxicated in the presence of students or at a University event. In addition:
- University faculty and staff may not purchase alcohol for undergraduate students – even if the student is of legal age to consume alcohol. This prohibition applies both on and off-campus, including restaurants, bars, athletic events, alumni events, events with cash bars, and study away/ abroad trips.
- Although strongly discouraged, faculty and staff who elect to purchase or serve alcohol to graduate students do so at their own risk and bear full legal responsibility. Faculty are encouraged to educate themselves about the laws regarding civil liability and to be aware that those who serve alcoholic beverages to underage students may be charged criminally. Faculty who elect to serve graduate students who are of age in their homes are strongly encouraged to have a TIPS-trained bartender who can ensure that alcohol is only dispensed to participants who are 21 years of age or older and that only a modest amount of alcohol is served.
- Faculty and staff should not accompany graduate or undergraduate students to restaurants, bars, clubs, fraternity houses, etc., where they are aware that underage drinking is taking place or where students are intoxicated.
- Faculty and staff advisers to student organizations must be especially careful to encourage the student organization to adhere to University policy and civil law concerning the use of alcohol, and must never join them in breaking the law. Rather, they should encourage students to obey civil law and University policy concerning the use of alcohol and help them understand how to use alcohol in a legal and responsible manner.
Alcohol at University Sponsored Events – On-Campus
When a department, institute, center, or other University office invites students to a University gathering/event held on campus, the following guidelines apply:
- Events Held in Licensed University Facilities (Armstrong Student Center, Shriver Center, Marcum Conference Center, Goggin Ice Arena, Yager Stadium, and Millet Assembly Hall)
- Alcohol may only be provided through the facility and must be dispensed by TIPS-trained bartenders.
- Only those 21 and older may consume alcohol.
- The event must also include nonalcoholic beverages as an alternative to alcohol and hors d’oeuvres must be served.
- If the event is scheduled to last longer than two (2) hours, a meal must be provided, and the bar closed at least one-half hour before the event ends.
- If a flat fee for attendance is charged (e.g., a ticket is $35), the cost of the alcoholic drinks must be borne by individual consumers (e.g., cash bar) and may not be included in the fee.
- Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.
- University faculty and staff may not purchase alcohol for students.
- Events Held in Other University Facilities:
- Alcohol must be purchased from the University and may not be “carried in” by faculty or staff. Alcohol must be dispensed by TIPS-trained bartenders provided by University Catering.
- Only those 21 and older may consume alcohol.
- No admission fee may be charged and no alcohol may be sold (e.g. no cash bars).
- The hosting department must also provide nonalcoholic beverages as an alternative to alcohol and non-salty snacks must be served.
- Events may not be scheduled to last longer than 90 minutes.
- Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.
- The approval of the Senior Vice President for Finance and Business Services is required.
Alcohol at University Sponsored Events – Off-Campus
When a department, institute, center, or other University office invites students to a University gathering/event to be held in an off-campus facility (e.g. restaurant, bar, club) the following Guidelines apply:
- University faculty and staff may not purchase or provide alcohol for prospective, undergraduate, or graduate students – even if the student is of legal age to consume alcohol.
- Only those 21 and older may consume alcohol.
- Departmental funds (including program fees) may not be used to purchase alcohol. Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.
- The promotion and advertising of events sponsored by alcohol companies must be in accordance with Miami University policies. The main focus of such events must not be on promoting and advertising the use of the product.
- No alcoholic beverages may be given as prizes or awards.
- While listing the name of the company is permissible, symbols of alcohol may not be displayed on posters, signs, banners, or other advertisements for events. No advertisements featuring foaming mugs, cans, glasses, or kegs will be allowed.
- Promotion of events sponsored by alcohol companies must not encourage alcohol abuse or emphasize frequency or quantity of use.
- Advertising, both for the promotion of events and for products, either on campus or in institutional media, should not portray drinking as a solution to personal or academic problems or as a necessary ingredient to social, sexual, or academic success. In addition, it should avoid demeaning or discriminatory portrayals of individuals or groups.
- Advertising or promotion of campus events should not associate the consumption of alcoholic beverages with the performance of tasks requiring skilled reactions, such as the operation of motor vehicles or machinery.
- The approval of the Senior Vice President for Finance and Business Services for events involving more than 5 students is required.
Drug-Free Workplace Policy – Students and Employees
Purpose
Miami University is dedicated to providing a safe, healthy, and efficient workplace for its employees and for the entire University community. Therefore, Miami University recognizes that one of its most important obligations to its employees and students is to maintain a complete alcohol- and drug-free workplace.
Policy
- The illegal use of drugs or alcohol in the workplace or on University property or as part of any University activity is strictly prohibited.
- Employees may not be under the influence of drugs or alcohol in the workplace.
- The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on University property or as part of any University activity is strictly prohibited.
- Students and employees must notify Miami University of any criminal drug statute conviction for a violation occurring on University property no later than five (5) days after such conviction.
- Any student who violates any portion of this policy will be subject to disciplinary action, including suspension or dismissal, under the Code of Student Conduct. Any employee who violates any portion of this policy will be subject to disciplinary action up to and including discharge under the appropriate disciplinary procedures.
- The University reserves the right to include completion of an appropriate rehabilitation program as a disciplinary sanction.
A description of the applicable legal sanctions under local, state, or federal law for the unlawful possession, use, or distribution of illicit drugs and alcohol; the health risks associated with the use of illicit drugs and the abuse of alcohol; and the drug and alcohol counseling, treatment, rehabilitation, or reentry programs that are available to employees and students is contained below.
Drug Testing for Employees
Miami University is dedicated to providing a safe, healthy, and efficient workplace for its employees and for the entire University community. As a result, Miami University recognizes that one of its most important obligations is to maintain a drug and alcohol-free workplace. Reasonable Cause and Post-Accident drug and alcohol testing may only be conducted pursuant to properly adopted workplace rules or a collective bargaining agreement. Employees are encouraged to take advantage of the University’s employee assistance program (EAP) for substance abuse issues.
Medical Marijuana
As a recipient of federal funding, such as student financial aid and federal grants and contracts for research, Miami University is required to follow federal law including the Safe and Drug-Free Schools and Communities Act and the Drug-Free Workplace Act. In order to comply with these laws, Miami University prohibits the manufacture, dispensation, possession, use, or distribution of marijuana in any form on any University-owned property, in the conduct of University business, or as part of any University activity. Effective as of September 8, 2016, Ohio law allows certain activities related to the possession and use of medical marijuana. However, using and possessing marijuana continues to be prohibited by and a violation of University policy and remains a crime under federal law.
This prohibition applies even when the possession and use would be legal under the laws of the State of Ohio. As a result, those with medical marijuana prescriptions/cards are not permitted to use medical marijuana on campus, in the conduct of University business or as part of any University activity. Sanctions for students and employees who are found to be in possession of or using marijuana include suspension, dismissal and/or termination of employment.
This prohibition does not extend to research related to marijuana that is approved by:
- The Agency for Health Care Research and Quality;
- The National Institutes of Health;
- The National Academy of Sciences;
- The Centers for Medicare and Medicaid Services;
- The United States Department of Defense;
- The Centers for Disease Control and Prevention;
- The United States Department of Veterans’ Affairs;
- The Drug Enforcement Administration;
- The Food and Drug Administration; or
- Any board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health care services.
The University will accommodate students who are legally authorized Ohio medical marijuana users. These students may submit a letter asking to be released from their University housing and dining obligations to the Dean of Students at DeanofStudents@miamioh.edu.
Additional information can also be found at the University's Alcohol and Other Drugs page.
Smoke- and Tobacco-Free Environment
Policy
In order to promote the health of our students, faculty, staff, and visitors, all Miami University campuses are designated as smoke-free and tobacco-free environments. Smoking is defined as the burning of tobacco or any other material in any type of smoking equipment, including, but not restricted to, cigarettes, electronic cigarettes, vaporizers, hookahs, cigars, or pipes. Smoking is prohibited at all times in all prohibited areas. The use of any tobacco product, including chewing tobacco, is also prohibited.
Smoking and tobacco use are prohibited in all Miami University-owned facilities and on the grounds of any University-owned property. This includes all buildings owned or controlled by Miami University, shelters, indoor and outdoor facilities, natural areas, indoor and outdoor theatres, bridges, walkways, sidewalks, residence halls, parking lots, and street parking and garages controlled by the University, (including inside personal vehicles parked on University property). Smoking and tobacco use are prohibited on sidewalks that adjoin University property. Smoking and tobacco use are also prohibited in any vehicle or equipment owned, leased, or operated by Miami University.
Miami University actively promotes and provides smoking cessation assistance and nicotine replacement therapy to students, faculty, and staff, as well as to their benefit-eligible spouses. Many services are provided at no cost or a reduced cost. Interested employees should contact Employee Benefits & Wellness. Interested students should contact Student Health Services.
Violations
Faculty, staff, and students violating this policy are subject to University disciplinary action. Violators may also be subject to prosecution for violation of Ohio’s Smoking Ban (Ohio Revised Code Chapter 3794). Visitors who violate this policy may be denied access to Miami University campuses and may ultimately be subject to arrest for criminal trespass.
Prohibited Conduct Related to Alcohol and Drug Use by Students
Alcohol Violations
Use or possession of alcohol except as expressly permitted by law or University policies, rules, or regulations. This includes, but is not limited to, (A) the underage possession or consumption of alcohol (including evidence of prior possession or consumption, such as empty alcohol containers) as well as public intoxication; (B) furnishing alcohol to any person under 21; and (C) Permitting any person under 21 to consume alcohol in one’s residence.
The University may notify by email or regular U.S. mail the parents of students under the age of 21 who have been found responsible for violating the Code of Student Conduct regarding the use or possession of alcohol or drugs.
Complicity
Complicity is defined as attempting to commit a violation, actively encouraging, and/or assisting another to commit a violation of the Code of Student Conduct. This includes, but is not limited to, being present in a residence hall room or with a group of persons where the prohibited use of alcohol or drugs is occurring. A student who after having a hearing for any violation of the Code of Student Conduct is found not responsible may be found responsible for a violation of Complicity under the Code of Student Conduct.
Drug Violations
- Unlawful possession and/or consumption of any controlled substance or drug except as expressly permitted by law; lawful possession or consumption of cannabis (whether for medical or recreational purposes) is prohibited on campus.
- Possession of drug-related paraphernalia (including, but not limited to, bongs, scales, or pipes) except as expressly permitted by law.
- The abuse, misuse, sale, or distribution of prescription or over-the-counter medication.
- The use, offer for sale, sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant except as expressly permitted by law.
University Penalties and Sanctions - Students
Sanctions may be imposed individually or in combination with one another. Suspension or dismissal may be imposed for a single violation. Multiple violations or additional violations of the Code of Student Conduct may result in more severe sanctions.
No sanction will be imposed until all appeals are completed (see the “Appeals” portion of the Code of Student Conduct). The Dean of Students or designee may impose interim measures during the appeal process to ensure the safety and well-being of members of the University community or preservation of university property.
Failure to complete a sanction will result in a hold on the student’s ability to register for subsequent semesters or additional disciplinary sanctions. Student organizations will not be reinstated until all sanctions are completed.
Students should be aware that disciplinary records may be reviewed by others within the University and may have adverse consequences for those seeking leadership opportunities, the second-year residency exemption, and/or enrollment in study abroad opportunities.
Registration for subsequent semesters may be withheld until the student completes all required sanctions.
Dismissal, Suspension, and Revocation of Recognition
Dismissal is a sanction that permanently separates the student from the University without any opportunity to re-enroll in the future.
Suspension is a sanction that terminates the student’s enrollment for a specified period of time. The Office of Community Standards will determine the effective date of the suspension (either at the conclusion of the conduct process or at the close of the current semester/term) for a minimum of either fall or spring semester and may also include summer and/or winter term. (Note that a student may not be suspended solely for either summer and/or winter term.)
Suspension of a student organization is a revocation (withdrawal) of University recognition. During a period of revocation, a student organization forfeits all the rights and privileges afforded to them by University policy. A student organization whose recognition has been revoked must petition for reinstatement of recognition. Conditions for reinstatement of recognition will typically be outlined in the original sanction.
Conditions of Suspension and Dismissal
A student who has been dismissed or suspended from the University is denied all privileges afforded a student and must vacate campus. Students who are dismissed or suspended may not enter any Miami University campus/or other University property at any time for any reason in the absence of the express written consent of the Dean of Students or designee. To seek such permission, a suspended or dismissed student must file a written request with the Office of Community Standards for entrance for a limited, specific purpose. During the period of suspension or dismissal, a student may not attend classes (either in person or online), or participate in University-related activities, whether they occur on or off campus. All assigned educational sanctions must be completed prior to the conclusion of suspension, otherwise, the respondent's ability to re-enroll may be impacted. Presence on campus in violations of sanctions could result in arrest. Academic credit earned elsewhere during a period of suspension will not be accepted in transfer. A student who has been suspended must apply for re-enrollment. Incomplete grades may not be removed during periods of suspension or dismissal.
Disciplinary Probation
Disciplinary probation is formal notice that a student’s behavior or pattern of behavior was unacceptable. During the probation period, students should demonstrate a willingness and ability to respect and comply with the standards of behavior outlined in this Code. Continued misconduct of any kind during the probationary period may result in suspension or dismissal. Disciplinary Probation is imposed for a definite period of time and may include additional sanctions. A student or representatives of an organization on probation may be required to meet periodically with a person designated by the Office of Community Standards.
Additional Sanctions
Sanctions may be imposed with or without suspension, revocation of recognition, or probation. Sanctions include but are not limited to:
- Restrictions from participating in or sponsoring social, intramural, or co-curricular activities (including intercollegiate athletics);
- Restriction of access to campus facilities, including residence halls;
- Monetary payments for purpose of restitution or to cover the expense of educational sanctions;
- Required University or community service;
- Removal from, or reassignment of, University housing;
- Loss of University privileges including, but not limited to, parking and computing/email resources;
- Restriction of access to university-controlled space or resources;
- Required planning of and/or attendance at educational programming;
- Attendance at a conduct follow-up meeting(s);
- Participation in required assessments;
- Written warnings.
Sanctioning Guidelines for Alcohol Violations
For a first-time violation related to the unauthorized use, possession or distribution of alcoholic beverages, including, but not limited to, underage possession or consumption of alcohol, a student typically receives:
- 6 months disciplinary probation.
- Attendance at a two-hour substance abuse program designed to acquaint students with their civil and legal responsibilities as well as the personal and career implications of alcohol and other substance abuse. There will be a fee of $50 to the student for the program.
For a first-time alcohol violation coupled with other misconduct, or a second violation related to the unauthorized use, possession, or distribution of alcoholic beverages, including underage possession or consumption of alcohol, a student typically receives:
- 12 months disciplinary probation.
- Attendance at a four-hour substance abuse education program and a fee of $100 from the student for the program.
- Participation in a comprehensive substance abuse assessment and a fee of $50 to the student for the assessment.
- Further intervention and an opportunity to participate in group sessions may be recommended by the counselor. There will be no additional fee to the student for participation in the group sessions at the Student Counseling Service.
The Office of Student Wellness maintains useful information about alcohol education for Miami University students and community members.
For a subsequent alcohol violation coupled with other misconduct, a student typically receives:
- a minimum of one-semester suspension
- disciplinary probation for a minimum of one year upon return to Miami University
Good Samaritan Policy – In the event the student incurs any alcohol violation during the twelve-month period following the Good Samaritan report, the prior assistance file will be reviewed as part of the sanctioning process, but it will not be counted as a prior alcohol offense.
Sanctions for Alcohol Violations by Student OrganizationsMinimum Penalties:
- First Offense. The minimum penalty for a first offense is required attendance of members of the organization at a two-hour substance abuse program designed to acquaint organization members with their civil and legal responsibilities as well as the personal and organizational implications of alcohol and other substance Programs must be pre-approved by the Office of Community Standards. Attendance requirements will be established by the Office of Community Standards.
- Second Offense. No less than two semesters of disciplinary probation and one or more of the following sanctions:
- No events with alcohol for a time period to be specified by the Office of Community Standards;
- Evidence of a risk management plan for organization-sponsored events—if applicable, provide proof of national organization involvement in the development of or approval of the risk management plan;
- Denial of the ability to host events for a time period to be specified by the Office of Community Standards;
- Additional substance abuse education as specified by the Office of Community Standards;
- Restriction of access to University controlled space or resources;
- Community service approved by the Office of Community Standards;
- Required meeting(s) with an appropriate University official; or
- Restriction from participation in University-sponsored events.
- Third Offense. Suspension or permanent revocation of recognition from the University.
If the incident for which the organization is found responsible for a violation of the alcohol policy involves a risk to the health or safety of any person, the severity of the sanctions may be increased regardless of the organization’s disciplinary history. If at least three calendar years have elapsed from the date of the last incident, a prior offense will be considered in determining the sanction, but does not require the imposition of the minimum sanction.
University Penalties and Sanctions - Employees
Miami University employees found to be in violation of federal, state, or local law, or who violate the University’s alcohol and drug policies, are subject to University disciplinary procedures and/or referral to the appropriate authorities for legal action.
Alcohol and Other Drug Education for Students and Employees
Miami University encourages education as the first step in assisting students to take responsibility for their behavior and to understand the consequences of current and future behavior as it relates to drug and alcohol use.
Miami University requires all first-year students to participate in AlcoholEdu for College, an online educational program, prior to coming to campus. AlcoholEdu for College is a population-based prevention strategy (as defined by the National Institute for Alcohol Abuse and Alcoholism) to educate students about alcohol use, abuse, and protective factors to minimize high-risk alcohol behaviors.
Bystander Intervention training is delivered to students in the first-year experience course, Greek new member education, and by request. Skills to intervene safely and effectively are taught to students in situations of alcohol poisoning, sexual assault, and emotional or psychological distress.
Alcohol skills training programs are delivered by request. In addition, Miami makes available programs from the Alcohol Skills Training Program for high-risk student populations, such as fraternity and sorority members and student-athletes. In addition, the Office of Student Wellness conducts awareness campaigns during National Collegiate Alcohol Awareness Week.
When students are sanctioned for violations, Miami University mandates one of two education programs, the Alternatives Program and the Chemical Abuse Education Program.
The Alternatives Program is a two-hour program that focuses on decision-making and responsible actions around alcohol use. The Chemical Abuse Education Program (CAEP), which is a four-hour program, focuses more specifically on drug use, abuse, and dependence. The primary focus of each program is to help students gain a broader knowledge regarding alcohol and other drug use by providing factual information about alcohol and other drug use and the negative consequences that may result from chemical use. Each program encourages abstinence and informs students of the health risks involved with continued use or abuse of alcohol or other drugs. These education programs also help students examine attitudes and influences, both internal and external, that affect their choices regarding chemical use.
Such programs support Miami's drug-free policy and employees and students are informed of Miami's drug-free policy and its implications. Employees are offered smoking cessation programs and, through an employee assistance program, counseling on alcohol or drug abuse, among other benefits.
Counseling, Treatment, and Rehabilitation Services – Students
Group and Other Counseling
Transformations Group
This group meets weekly and is for students contemplating making changes in their alcohol/drug use. This is a psycho-educational group. Members will examine their substance use and how it impacts their academics, relationships, and personal goals. Students may be self-referred to the group, or referred by the court system, parents, or Miami University. Upon court approval, this group can be used to fulfill 10 hours of substance use education. Any information disclosed in the group about the misuse of legal or illegal substance use is strictly confidential.
AA Meetings Near Campus
Alcoholics Anonymous (AA) meetings are held in United Campus Ministries, 16 South Campus Ave. Oxford, OH. also meets in Oxford. For meeting dates and times, please see the AA districts 12 and 13 sites. Smart Recovery groups can also be found in the surrounding area at the Smart Recovery site.
Miami's Psychology Department
Operates a fee-for-service clinic located in the Psychology Building (room 39). Sessions are $25.00 each. Therapists are students in the doctoral program in clinical psychology at Miami University. If the fee poses a hardship, you are encouraged to speak to the therapist with whom you meet to discuss this issue. Appointments may be scheduled in the Psychology Clinic by calling the clinic directly at 513-529-2423.
H.O.P.E. Line (855-249-5649)
The H.O.P.E. (Help Over the Phone Everywhere) line is available 24/7 for students to call for immediate support, crisis intervention, and stabilization from a crisis support specialist. The H.O.P.E. Line is not an answering service, but rather an extension of university services for callers.
24-Hour Crisis Hotline (844-427-4747)
The Butler County 24-hour Crisis Hotline 844-427-4747 is available to assist callers who are facing a wide variety of concerns. Professionally trained crisis consultants connect people to the resources they need and offer a supportive, caring ear to those who are in crisis or in need of support. The 24–Hour Crisis Hotline Information/Referral is certified by the Ohio Department of Mental Health & Addiction Services (ODMHAS) as a Behavioral Health Hotline. It is one of the few mental health programs to be accredited by the American Association of Suicidology, which sets the highest standards for crisis centers in the United States.
National Suicide Prevention Lifeline (9-8-8)
The National Suicide Prevention Lifeline allows people to call, text, or chat 988. They will be connected to trained counselors that are part of the existing Lifeline network. These trained counselors will listen, understand how their problems are affecting them, provide support, and connect them to resources if necessary.
Medication-Assisted Treatment of Addiction
Students who have problems with alcohol or drugs may have difficulty staying sober. The staff psychiatrist at TriHealth can prescribe medications to assist in recovery from substances including alcohol, pain pills, heroin, and nicotine.
Counseling, Treatment, and Rehabilitation Services - Employees
Group and other Counseling
24-Hour Crisis Hotline (1-844-427-4747)
The Butler County 24-hour Crisis Hotline 1-844-427-4747 is available to assist callers who are facing a wide variety of concerns. Professionally trained crisis consultants connect people to the resources they need and offer a supportive, caring ear to those who are in crisis or in need of support. The 24–Hour Crisis Hotline Information/Referral is certified by the Ohio Department of Mental Health & Addiction Services (ODMHAS) as a Behavioral Health Hotline. It is one of the few mental health programs to be accredited by the American Association of Suicidology, which sets the highest standards for crisis centers in the United States.
National Suicide Prevention Lifeline (9-8-8)
The National Suicide Prevention Lifeline allows people to call, text, or chat 988. They will be connected to trained counselors that are part of the existing Lifeline network. These trained counselors will listen, understand how their problems are affecting them, provide support, and connect them to resources if necessary.
Employee Assistance Programs
Impact Solutions
Call 800-227-6007 or visit MyImpactSolution.com, using the username, Miamioh.
Laws
The following is a description of some of the applicable legal sanctions under federal, state, and local laws for the unlawful possession, use, or distribution of illicit drugs, including alcohol. This list is not intended to be an exhaustive list of all offenses involving drugs and alcohol, and this material should not be relied upon as legal advice or guidance regarding these offenses.
Federal Law
Federal law prohibits the trafficking and illegal possession of controlled substances as outlined in 21 United States Code, Sections 841 and 844. Depending on the amount possessed, first-offense maximum penalties for trafficking marijuana range from five years imprisonment with a $250,000 fine to imprisonment for life with a $10 million fine for an individual, and from five years imprisonment with a $1 million fine to imprisonment for life with a $50 million fine if not an individual. Also depending on the amount possessed, first offense maximum penalties for trafficking Class I and Class II controlled substances (methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl analogue) range from five years imprisonment with a $5 million fine to imprisonment for life with a $10 million fine for an individual, and from five years imprisonment with a $25 million fine to imprisonment for life with a $50 million fine if not an individual. First offense penalties for simple possession, 21 USC §844, range from at most one year’s imprisonment or at least a $1,000, fine or both; to at most 20 years’ imprisonment and a fine of at least a $1,000. For the most current and complete information regarding federal penalties for drug trafficking, please visit the U.S. Drug Enforcement Administration’s publication Drugs of Abuse.
State Law
Ohio Revised Code (ORC) Section 2925.02 provides that no person shall knowingly corrupt another with drugs by inducing or forcing them to use a controlled substance.
PENALTY FOR VIOLATION: Mandatory imprisonment from 6 months to 10 years, depending upon the amount and type of drug involved and history of previous drug abuse offenses.
ORC 2925.03 provides that no person shall knowingly "traffick" in controlled or illicit substances, including marijuana. Trafficking includes selling, offering to sell, delivering, distributing, preparing, cultivating, and manufacturing of controlled substances.
PENALTY FOR VIOLATION: Mandatory fines range from $100 to $20,000, depending on the offense and drug involved. Mandatory jail sentences range from 6 months to 10 years.
ORC 2925.11 provides that no person shall knowingly obtain, possess, or use a controlled substance.
PENALTY FOR VIOLATION: Drug abuse involving amounts of marijuana less than 100 grams carries a penalty of $100. Other violations involving marijuana result in mandatory jail terms of not more than 8 years and mandatory fines of $15,000. Drug abuse offenses involving other drugs may result in jail terms of up to 10 years and fines of $20,000.
ORC 2925.12 provides that no person shall make obtain, possess, or use drug abuse instruments.
PENALTY FOR VIOLATION: A first offense can carry a jail term of up to 90 days and fines of $750.
ORC 2925.14 provides that no person shall knowingly use, possess with purpose to use, sell, manufacture or advertise drug paraphernalia.
PENALTY FOR VIOLATION: Depending upon the facts, imprisonment up to 6 months and fines up to $1,000.
ORC 2925.31 provides, except for lawful research, clinical, medical, dental, or veterinary purposes, no person with intent to induce intoxication or similar effect, shall obtain, possess, or use a harmful intoxicant.
PENALTY FOR VIOLATION: Up to $1,000 and 6 months in jail.
ORC 2925.37 provides that no person shall knowingly possess, make, sell, or deliver counterfeit controlled substances.
PENALTY FOR VIOLATION: Depending upon the facts, the penalty can be up to 180 days in jail and a $1,000 fine, but aggravating circumstances can cause the offense to become a felony of the fourth degree with prison terms between 6-18 months and a fine up to $5,000.
ORC 4301.63 provides that no person under the age of 21 years shall purchase beer or intoxicating liquor.
PENALTY FOR VIOLATION: A fine of not less than $25 nor more than $100 may be imposed. The court may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court and shall designate the time within which the public work shall be completed.
ORC 4301.631 provides that no underage person can purchase low alcohol beverages, that no person may furnish low alcohol beverages to an underage person, and that no person shall allow underage persons to consume low alcohol beverages on his/her property.
PENALTY FOR VIOLATION: Punishments for violating ORC 4301.631 range from fines of $25 to $250 and imprisonment up to 30 days.
ORC 4301.633 provides that no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age for the purpose of obtaining beer or intoxicating liquor for a person under 21 years of age, by purchase or as a gift.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4301.634 provides that no person under the age of 21 years shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this state where beer or intoxicating liquor is sold under a permit issued by the department of liquor control.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4301.64 prohibits the consumption of any beer or intoxicating liquor in a motor vehicle.
PENALTY FOR VIOLATION: Misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 30 days and a $250 fine.
ORC 4301.69(A) prohibits selling beer or intoxicating liquor to a person under the age of 21 years, or buying it for or furnishing it to such a person.
PENALTY FOR VIOLATION: Misdemeanor. The maximum penalty is imprisonment for not more than 6 months and a fine of not less than $500 and no more than $1,000.
ORC 4301.69(E) provides that no underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless he is accompanied by a parent, spouse, or legal guardian, who is not an underage person, or unless the beer or intoxicating liquor is given for medical or religious purposes.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
ORC 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol and/or any drug of abuse.
PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine, in addition to license suspension. Penalties for repeat offenders can result in up to 5 years in prison.
Local Law
The cities of Oxford, Hamilton, Middletown, Cincinnati, and West Chester Township enforce all the state criminal statutes cited above. Police in Differdange, Luxembourg, follow the laws of their jurisdiction and country. In addition, each of the Ohio municipalities list some additional sanctions for alcohol and other drug use, including without limitation, prohibitions against driving under the influence of alcohol or drugs; possession and consumption of alcohol while underage; providing alcohol to underage persons; having an open container of alcohol in public places; possession of a controlled substance; purchasing and consuming low-alcohol beverages by underage persons, using false representations by underage persons to obtain alcohol; permitting the consumption of alcohol by underage persons at a person's property (including hotel rooms), and hosting a party where alcohol or drug abuse occurs.
Current Assessments of Possible Health Risks
The use of illicit drugs and alcohol may result in serious health consequences, including long-term organ damage and death. This listing of the possible health risks associated with drug and alcohol use and abuse is derived from the 2020 edition of Drugs of Abuse, published by the Department of Justice, and several publications made available by the National Institute on Drug Abuse and the National Institute on Alcohol Abuse and Alcoholism.
Alcohol
Alcohol enters a person’s bloodstream as soon as one takes his or her first sip. Alcohol’s immediate effects can appear within about 10 minutes. As a person drinks, his or her blood alcohol concentration (BAC) level increases, which is the amount of alcohol present in that person’s bloodstream. The higher one’s BAC, the more impaired he or she becomes by alcohol’s effects. The short-term and long-term health effects of alcohol use and abuse may include:
- Alcohol intoxication, which can lead to various deleterious health effects, including a decreased ability to analyze sensory information resulting in disturbed balance, slurred speech, blurred vision, and dulled sensation of pain; dehydration; disrupted judgment; gastritis; impaired brain, judgment, and motor skills; and increased chance of death, accidents, and injuries, fall, sexual victimization, and suicide.
- Alcohol withdrawal syndrome
- Alcohol poisoning
- Stroke
- Cancer
- Cirrhosis
- Cardiomyopathy
- High blood pressure
- Nerve damage
- Anemia
- Depression
- Gout
- STDs from unprotected sex
- Thiamine deficiency
- Gastrointestinal disorders
- Permanent liver and brain damage
- Pancreatitis
- Birth defects (e.g. fetal alcohol spectrum disorders, miscarriage, stillbirth, etc.)
Amphetamines
- Short-term Health Effects: Increased wakefulness and physical activity; decreased appetite; increased breathing, heart rate, blood pressure, temperature; irregular heartbeat.
- Long-term Health Effects: Anxiety, confusion, insomnia, mood problems, violent behavior, paranoia, hallucinations, delusions, weight loss, severe dental problems, intense itching leading to skin sores from scratching.
- In Combination with Alcohol: The drug can mask the depressant effect of alcohol, increasing the risk of alcohol overdose; and may increase blood pressure.
- Withdrawal Symptoms: Depression, anxiety, and tiredness.
- Other Issues: The drug is extremely addictive, and can cause physical and psychological dependence. If pregnant, can cause premature delivery; separation of the placenta from the uterus; low birth weight; lethargy; heart and brain problems.
Anabolic Steroids
- Short-term Health Effects: Acne, fluid retention (especially in the hands and feet), oily skin, yellowing of the skin, and infection.
- Long-term Health Effects: Kidney damage or failure; liver damage; high blood pressure, enlarged heart, or changes in cholesterol leading to increased risk of stroke or heart attack, even in young people; aggression; extreme mood swings; anger; extreme irritability; delusions; impaired judgment.
- In Combination with Alcohol: Increased risk of violent behavior.
- Withdrawal Symptoms: Mood swings; tiredness; restlessness; loss of appetite; insomnia; lowered sex drive; depression (sometimes leading to suicide attempts).
- Other: In males, shrunken testicles, lowered sperm count, infertility, baldness, and development of breasts. In females, facial hair, male-pattern baldness, enlargement of the clitoris, and deepened voice. In adolescents, stunted growth.
Cannabinoids (Marijuana, Hashish)
- Short-term Health Effects: Enhanced sensory perception and euphoria followed by drowsiness/relaxation; slowed reaction time; problems with balance and coordination; increased heart rate and appetite; problems with learning and memory; anxiety.
- Long-term Health Effects: Mental health problems, chronic cough, frequent respiratory infections, and damage to lung tissue.
- In Combination with Alcohol: May cause increased heart rate and blood pressure; further slowing of mental processing and reaction time.
- Withdrawal Symptoms: Irritability, trouble sleeping, decreased appetite, and anxiety.
- Other: If pregnant, can cause babies to be born with problems with attention, memory, and problem-solving.
Central Nervous System Depressants (e.g. Tranquilizers, Barbiturates, Benzodiazepines, Prescription Sleep Medications, etc.)
- Short-term Health Effects: Drowsiness, slurred speech, poor concentration, confusion, dizziness, problems with movement and memory, poor judgment, depression, lowered blood pressure, slowed breathing, nausea, seizures, coma, or death.
- Long-term Health Effects: Unknown.
- In Combination with Alcohol: The combination can slow heart rate and breathing, which can lead to death.
- Withdrawal Symptoms: Withdrawal can cause a serious abstinence syndrome that may even include seizures, coma, and death.
- Other Issues: Tolerance, physical, and psychological dependence may develop. These types of drugs are sometimes used as a date-rape drug.
Cocaine
- Short-term Health Effects: Narrowed blood vessels; enlarged pupils; increased body temperature, heart rate, and blood pressure; headache; abdominal pain and nausea; euphoria; increased energy, alertness; insomnia, restlessness; anxiety; erratic and violent behavior, panic attacks, paranoia, psychosis; heart rhythm problems, heart attack; stroke, seizure, coma.
- Long-term Health Effects: Loss of sense of smell, nosebleeds, nasal damage, and trouble swallowing from snorting; infection and death of bowel tissue from decreased blood flow; poor nutrition and weight loss; death.
- In Combination with Alcohol: Creates a greater risk of cardiac toxicity than from either drug alone.
- Withdrawal Symptoms: Depression, tiredness, increased appetite, insomnia, vivid unpleasant dreams, slowed thinking and movement, and restlessness.
- Other: Is highly addictive that can cause physical and psychological dependence. If pregnant, can cause premature delivery, low birth weight, deficits in self-regulation and attention in school-aged children prenatally exposed. The effects of using the drug are unpredictable - convulsions, coma, and death are possible.
Dextromethorphan (Robitussin DM and Over-the-Counter Cough Medicine)
- Short-term Health Effects: Euphoria; slurred speech; increased heart rate and blood pressure; dizziness; nausea; vomiting.
- Other: Breathing problems, seizures, and increased heart rate may occur from ingredients in cough/cold medicines.
Hallucinogens (e.g. LSD (Acid), Psilocybin, Mescaline, etc.)
- Short-term Health Risks: Hallucinations, altered perception of time; inability to tell fantasy from reality; panic; muscle relaxation or weakness; problems with movement; enlarged pupils; nausea; vomiting; drowsiness; rapid emotional swings; raised blood pressure, heart rate, and body temperature; dizziness; loss of appetite; and tremors. In the case of psilocybin, risk of poisoning if a poisonous mushroom is accidentally ingested.
- Long-term Health Risks: Risk of flashbacks; memory problems; ongoing visual disturbances; disorganized thinking; paranoia; mood swings; birth defects.
- In Combination with Alcohol: May decrease the perceived effects of alcohol.
Inhalants (e.g. Solvents, Aerosols, Gases, etc.)
- Short-term Health Risks: Confusion; nausea; slurred speech; lack of coordination; euphoria; dizziness; drowsiness; disinhibition, lightheadedness, hallucinations/delusions; headaches; sudden sniffing death due to heart failure (from butane, propane, and other chemicals in aerosols); death from asphyxiation, suffocation, convulsions or seizures, coma, or choking; enlarged blood vessels; increased heart rate; dizziness; headache.
- Long-term Health Risks: Liver and kidney damage; bone marrow damage; limb spasms due to nerve damage; brain damage from lack of oxygen that can cause problems with thinking, movement, vision, and hearing; increased risk of pneumonia.
- Withdrawal Symptoms: Nausea, tremors, irritability, problems sleeping, and mood changes.
- Other: If pregnant, low birth weight; bone problems; delayed behavioral development due to brain problems; altered metabolism and body composition.
Ketamine
- Short-term Health Effects: Problems with attention, learning, and memory; dreamlike states, hallucinations; sedation; confusion; loss of memory; raised blood pressure; unconsciousness; dangerously slowed breathing.
- Long-term Health Effects: Ulcers and pain in the bladder; kidney problems; stomach pain; depression; poor memory.
- Other: The drug is sometimes used as a date rape drug.
MDMA (Ecstasy/Molly)
- Short-term Health Risks: Lowered inhibition that could result in a person engaging in risky behavior; enhanced sensory perception; increased heart rate and blood pressure; muscle tension; nausea; faintness; chills or sweating; sharp rise in body temperature leading to kidney failure or death.
- Long-term Health Risks: Long-lasting confusion, depression, problems with attention, memory, and sleep; increased anxiety, impulsiveness.
- In Combination with Alcohol: Alcohol can increase plasma concentrations of MDMA, which may increase the risk of neurotoxic effects.
- Withdrawal Symptoms: include fatigue, loss of appetite, depression, and trouble concentrating.
Nicotine and Tobacco
- Short-term Health Effects: Increased blood pressure, breathing, and heart rate.
- Long-term Health Effects: Greatly increased risk of cancer, especially lung cancer when smoked and oral cancers when chewed; chronic bronchitis; emphysema; heart disease; leukemia; cataracts; pneumonia.
- Withdrawal Symptoms: Irritability, attention and sleep problems, depression, increased appetite.
Phencyclidine (PCP or Angel Dust)
- Short-term Health Risks: Delusions, hallucinations, paranoia, problems thinking, a sense of distance from one’s environment, anxiety. In low doses, causes a slight increase in breathing rate; increased blood pressure and heart rate; shallow breathing; face redness and sweating; numbness of the hands or feet; and problems with movement. In high doses, causes nausea; vomiting; flicking up and down of the eyes; drooling; loss of balance; dizziness; violence; seizures, coma, and death.
- Long-term Health Risks: Memory loss, problems with speech and thinking, loss of appetite, and anxiety.
- Withdrawal Symptoms: Headaches, increased appetite, sleepiness, depression.
Prescription Opioids
- Short-term Health Effects: Inability to feel painful stimuli, drowsiness, nausea, constipation, euphoria, slowed breathing, or death.
- Long-term Health Effects: Increased risk of overdose or addiction; coma and death.
- In Combination with Alcohol: Dangerous slowing of heart rate and breathing leading to coma or death.
- Withdrawal Symptoms: Restlessness, muscle and bone pain, insomnia, diarrhea, vomiting, cold flashes with goose bumps, leg movements.
- Other: If pregnant, increased risk of miscarriage, low birth weight, neonatal abstinence syndrome.
Prescription Stimulants (e.g. Adderall, Ritalin, etc.)
- Short-term Health Effects: Increased alertness, attention, or energy; increased blood pressure and heart rate; narrowed blood vessels; increased blood sugar; opened-up breathing passages. In high doses, can lead to dangerously high body temperature and irregular heartbeat, heart disease, and seizures.
- Long-term Health Effects: Heart problems, psychosis, anger, and paranoia.
- In Combination with Alcohol: Masks the depressant action of alcohol, increasing the risk of alcohol overdose; may increase blood pressure.
- Withdrawal Symptoms: Depression, tiredness, sleep problems.
Synthetic Cannabinoids
- Short-term and Long-term Health Effects: Increased heart rate; vomiting; agitation; confusion; hallucinations, anxiety, paranoia; increased blood pressure. The long-term effects are not truly known.
- Withdrawal Symptoms: Headaches, anxiety, depression, irritability.
Synthetic Cathinones (Bath Salts)
- Short-term Health Effects: Increased heart rate and blood pressure; euphoria; increased sociability and sex drive; paranoia, agitation, and hallucinations; violent behavior; sweating; nausea, vomiting; insomnia; irritability; dizziness; depression; panic attacks; reduced motor control; cloudy thinking.
- Long-term Health Effects: Death.
- Withdrawal Symptoms: Depression and anxiety.