County, State, and Federal Law | Alcohol & Drugs

US Department of Education Drug-Free Schools and Community Act Regulations

Under Part 86 of the Education Department General Administrative Regulation (EDGAR) and the Drug-Free Schools and Community Act, institutions of higher education (IHEs) receiving federal financial assistance must perform:

  1. The annual distribution in writing to each employee, and to each student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student's program of study, of—
    • Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities
    • A description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol
    • A description of the health risks associated with the use of illicit drugs and the abuse of alcohol
    • A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students
    • A clear statement that the IHE will impose disciplinary sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct.
  2. A biennial review by the IHE of its program to—
    • Determine its effectiveness and implement changes to the program if they are needed
    • Ensure that the disciplinary sanctions described in paragraph (a)(5) of this section are consistently enforced

In accordance with these laws, this report detailed below is distributed annually to Pacific University faculty, staff and students in compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Community Act of 1989. This APPENDIX is also available as a downloadable PDF.

FEDERAL AND STATE SANCTIONS AND LOCAL MUNICIPAL CODES

The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information is an over- view of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.  

Federal Sanctions

The following information contains the Federal penalties and sanctions for illegal possession of a controlled substance as published by the Department of Justice (DOJ) and Drug Enforcement Administration (DEA). Additional penalties are imposed for trafficking.  

21 U.S.C. 844(a).  First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both. After one prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both. After two or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both. Special sentencing provisions for possession of crack cocaine: Mandatory at least five years in prison, not to exceed 20 years and fined up to $250,000, or both, if:  

  1. 1st conviction and the amount of crack possessed exceeds five grams.  
  2. 2nd crack conviction and the amount of crack possessed exceeds three grams. 
  3. 3rd or subsequent crack conviction and the amount of crack possessed exceeds one gram.  

21 U.S.C. 853(a)(2) and 881(a)(7). Forfeiture of personal real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment. (See special sentencing provisions re: crack.)

21 U.S.C. 881(c)(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 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 one year for first offense, up to five 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.

State Sanctions

The following information regarding legal sanctions under Oregon state laws for the unlawful possession, use or distribution of controlled substances and alcohol is taken from the Criminal Code of Oregon and from the Peace Officer's Guide to the Oregon Criminal Code.

  1. Possession of liquor by a person under the age of 21, except in a private residence accompanied by a parent or guardian and with the parent or guardian's consent, is a misdemeanor.
  2. Purchase or attempt to purchase liquor by a person under the age of 21 constitutes a misdemeanor.
  3. Providing (giving, selling, or otherwise making available) liquor to a person known to be under 21 years of age is a class A misdemeanor.
  4. Providing liquor to any person who is visibly intoxicated is a class A misdemeanor.
  5. Driving under the influence of intoxicants (liquor and /or a controlled substance) is a class A misdemeanor. Blood alcohol levels of .08% or more as shown by chemical analysis of the breath or blood meet the standard of driving under the influence.
  6. Possession of cannabis: possession of less than one ounce is punishable by a fine.
  7. Cannabis sales: Delivering cannabis for consideration carries a typical sentence of 10 years. Delivering less than one ounce carries a typical sentence of one year and/or $2,500. Delivering less than five grams invokes a fine of $500.
  8. Selling any substance, article, apparatus, or device, with knowledge that the substance, article, apparatus, or device will be used to manufacture, compound, convert, process, or prepare a controlled substance for unlawful sale or distribution is considered a class A misdemeanor.
  9. Any person who keeps, maintains, frequents, or remains at a place while knowingly permitting persons to use controlled substances in such a place or to keep or sell them in violation of Oregon law is subject to a sentence of one year/$2,500.

PROHIBITIONS RELATING TO LIQUOR   

Pacific University complies with the United States Drug-Free Schools and Campuses Act, the United States Drug-Free Workplace Act; State of Oregon Legislature, Chapter 471 — Alcoholic Liquors Generally, in accordance with definitions for ORS chapters 471 and 473; and OSSHE Administrative Rule 580-19-001, Minimum Standards for Institutional Drug and Alcohol Treatment Programs. Annual distribution of drug-free campus and workplace information to employees and students is required by law.

Additional Citations and Resources: 

U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention, Complying With the Drug-Free Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College Administrators, Washington, D.C., 2006. 

Legislature, OR. “ORS 471.001 – Definitions for ORS Chapters 471 & 473.” ORS 471.001 – Definitions for ORS Chapters 471 and 473, oregon.public.law/statutes/ors_471.001. 

Additional information on the Drug Enforcement Agency Federal Trafficking Penalties can be found online.

APPENDIX (available as a downloadable PDF) | Updated October 2023