Local, State, and Federal Descriptions Related to Alcohol and Other Drug Use

Students and employees at Salisbury University are subject to federal, state, and local laws for the possession and distribution of illegal drugs. Federal law states that it is unlawful to possess controlled substances including marijuana, cocaine, LSD, PCP, heroin, designer drugs, etc.

  1. If the substance is cocaine, or contains a cocaine base, the penalty for simple possession is a fine and/or imprisonment from 5 to 20 years. (Federal Law 21 USCA/sections 841 and 844 to 845a (1990))
    1. In February 2000, a law was enacted to categorize gamma hydroxybutyrate (GHB), also known as a “date rape” drug, as an illegal drug. This means that anyone possessing, manufacturing, or distributing GHB may face up to a 20-year penalty.
    2. For other illegal drugs, the penalty for simple possession is a fine of at least $1,000 and/or imprisonment up to three years. The penalties increase if the possession includes intent to manufacture, distribute, or dispense a controlled substance, especially if done near a public or private elementary, vocational, or secondary school or a public or private college or university. Additionally, any person who violates this law shall be liable for an amount up to $10,000 in civil penalties.
    3. In addition to federal laws, the State of Maryland has its own laws dealing with distribution, manufacturing, and possession of controlled substances. For instance, any person who unlawfully manufactures or distributes a narcotic drug may be fined up to $25,000 and may be imprisoned for up to 20 years for a first offense.
  2. Students and employees at the University are subject to state and local laws for drinking and obtaining alcohol. It is illegal in the State of Maryland for any person under 21 to drink alcohol. (MD Code Criminal Art. Section 5-608)
  3. It is also illegal for a person under 21 to falsify or misrepresent his or her age to obtain alcohol, or possess alcoholic beverages with the intent to consume them. (MD Code Criminal Art. Section 10-114)
  4. It is also illegal in most situations to furnish alcohol to a person under 21. (MD Code Criminal Art. Section 10- 113)
  5. The penalty is a fine of up to $500 for a first offense, and up to $1,000 for repeat offenses. (MD Code Criminal Art. Section 10-117). In addition, state law dictates that it is illegal to possess alcohol in an open container in any parking lot of any shopping center or retail store unless given permission by the owner. The penalty is a fine of up to $100.
  6. It is also illegal to consume alcohol on any public property or highway unless authorized by the governmental entity that has jurisdiction over the property, with penalties including a fine of up to $100. (MD Ann. Code Art. 2B, Section 19-204)
  7. Students and employees are also subject to state and local laws governing drinking and driving. A person may not drive or attempt to drive while impaired or under the influence of alcohol. (MD Ann. Code Art. 2B, Section 19-204)
  8. Individuals under 21 with a blood alcohol level (BAL) of only .02 (approximately one drink) will be charged with a violation of restricted license and result in suspended license until the age of 21. (MD Code Transportation Art. Sections 21- 902)
  9. Any individual with a BAL of 0.08 will be presumed to be driving under the influence of alcohol. An individual with a BAL of .08 or more shall be determined to be under the influence of alcohol per se. (MD Code Transportation Art. Sections 16-113(b))
  10. Any of these violations will result in fines, imprisonment, or both. It is also unlawful to drive while impaired by any Controlled Dangerous Substance whether or not it is illicit (prescribed or unlawfully obtained). (MD Ann. Code Transportation Art. Sections 21-902)
  11. A person can still be charged with these violations even though they possess a driver’s license from another state. (MD Code Transportation Art. Sections 21-902 (c) and (d))