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University Sanctions
Violations of university
policies regarding alcohol and other drug use will be subject to
legal sanctions and/or university disciplinary action. The
Northern Arizona University Student Code of Conduct details the
sanctions that may be imposed by the institution for violations of
these policies. Sanctions include expulsion from the university,
suspension from the university, university probation, warnings,
restricted access to university properties and other educational
sanctions. (5-308G). Further, the university may refer a student
to appropriate authorities for prosecution for alcohol and other
drug abuse violations. Sanctions also may be imposed under the
Standards of Residence for those students living in university
residence halls. In addition to
sanctions, federal law (specifically the Family Educational Rights
and Privacy Act) permits the University to notify parents of any
alcohol and other drug violation occurring on-campus for students
under the age of twenty-one. NAU views parents as important
partners in the education of students, thus the University may
notify parents when their student has been involved in a serious
or repeated alcohol or other drug violation.
Examples of legal sanctions for
unlawful possession, use, or distribution of illicit drugs can be
found on the following charts:
Arizona Criminal Penalties
Marijuana (A.R.S. § 13-3405)
|
Quantity |
Activity |
Penalty |
|
Less than 2 lbs. |
Possession or Use |
Class 6 felony |
|
2-4 lbs |
Possession or Use |
Class 5 felony |
|
4+ lbs |
Possession or Use |
Class 4 felony |
|
Less than 2 lbs |
Possession for Sale |
Class 4 felony |
|
2-4 lbs. |
Possession for Sale |
Class 3 felony |
|
4+ lbs |
Possession for Sale |
Class 2 felony |
|
Less than 2 lbs. |
Transport, import |
Class 3 felony |
|
2+ lbs |
Transport, import |
Class 2 felony |
Peyote (A.R.S. § 13-3402)
|
Activity |
Penalty |
|
Possession,
Sale, Transfer |
Class 6
felony |
Narcotic Drugs* (A.R.S. § 13-3408) any amount
*as defined in A.R.S. §
13-3401 includes (among others) Cannabis, Cocaine leaves, Fentanyl,
Opium, Codeine, Heroin.
|
Activity |
Penalty |
|
Possession or
Use |
Class 4
felony |
|
Possession of
equipment/chemicals
to
manufacture |
Class 3
felony |
|
Possession
for sale |
Class 2
felony |
|
Manufacture |
Class 2
felony |
|
Administer |
Class 2
felony |
|
Obtain by
fraud |
Class 3
felony |
|
Transport,
import |
Class 2
felony |
Prescription-only Drug (A.R.S. § 13-3406) any amount
|
Activity |
Penalty |
|
Possession or
Use |
Class 1
misdemeanor |
|
Possession
for sale |
Class 6
felony |
|
Possession of
equipment to manufacture |
Class 1
misdemeanor |
|
Manufacture |
Class 1
misdemeanor |
|
Administer |
Class 1
misdemeanor |
|
Obtain by
fraud |
Class 1
misdemeanor |
|
Transport or
import |
Class 6
felony |
Imitation Controlled Substance, Imitation Prescription-only
Drug, Imitation Over the Counter Drug (A.R.S. 13 §
13-3451-3458) any amount
|
Activity |
Penalty |
|
Possession with intent to distribute |
Class 2 misdemeanor |
|
Manufacture, distribute, or possess with
intent to distribute |
Class 6 felony |
|
Any violation with respect to person
under 18 |
Class 5 felony
|
Dangerous Drugs* (A.R.S. § 13-3407) any amount
*As defined in A.R.S. §
13-3401(6), include (among others) LSD, Mescaline, Psilocybin,
Amphetamine, Methamphetamine, Barbiturate.
|
Activity |
Penalty |
|
Possession or
Use |
Class 4
felony |
|
Possession
for sale |
Class 2
felony |
|
Possession of
equipment to manufacture |
Class 3
felony |
|
Manufacture |
Class 2
felony |
|
Administer |
Class 2
felony |
|
Obtain by
fraud |
Class 3
felony |
|
Transport,
import |
Class 2
felony |
Sentence for Convictions
(A.R.S. § 13-701)
Subject to more
severe penalties for dangerous and repetitive offenders A.R.S. §
13-604, offenses involving or using minors, A.R.S. § 13-4309 and
other aggravating circumstances as set forth in A.R.S. § 13-702,
the following terms of imprisonment shall follow a conviction for
a first offense:
|
Class 2 felony |
5 years |
|
Class 3 felony |
3.5 years |
|
Class 4 felony |
2.5 years |
|
Class 5 felony |
1.5 years |
|
Class 6 felony |
1 year |
Conviction and
probation may also include substantial fines, mandatory drug
testing and community service. Penalties will be increased for
violations that occur in drug-free school zones (A.R.S.
§13-3411).
Federal Criminal Penalties
|
DRUG/SCHEDULE |
QUANTITY |
PENALTIES |
QUANTITY |
PENALTIES |
|
Cocaine (Schedule II) |
500 - 4999 gms mixture |
First Offense:
Not less than 5 yrs, and not more than 40 yrs. If death or
serious injury, not less than 20 or more than life. Fine of
not more than $2 million if an individual, $5 million if not
an individual
Second Offense:
Not less than 10 yrs, and not more than life. If death or
serious injury, life imprisonment. Fine of not more than $4
million if an individual, $10 million if not an individual
|
5 kgs or more mixture |
First Offense:
Not less than 10 yrs, and not more than life. If death or
serious injury, not less than 20 or more than life. Fine of
not more than $4 million if an individual, $10 million if
not an individual.
Second Offense:
Not less than 20 yrs, and not more than life. If death or
serious injury, life imprisonment. Fine of not more than $8
million if an individual, $20 million if not an individual.
2 or More Prior Offenses:
Life imprisonment |
|
Cocaine Base (Schedule II) |
5-49 gms mixture |
50 gms or more mixture |
|
Fentanyl (Schedule II) |
40 - 399 gms mixture |
400 gms or more mixture |
|
Fentanyl Analogue (Schedule I) |
10 - 99 gms mixture |
100 gms or more mixture |
|
Heroin (Schedule I) |
100 - 999 gms mixture |
1 kg or more mixture |
|
LSD (Schedule I) |
1 9 gms mixture |
10 gms or more mixture |
|
Methamphetamine (Schedule II) |
5 - 49 gms pure or 50 - 499 gms mixture |
50 gms or more pure or 500 gms or more mixture |
|
PCP (Schedule II) |
10 - 99 gms pure or 100 - 999 gms mixture |
100 gm or more pure or 1 kg or more mixture |
|
PENALTIES |
|
Other Schedule I & II drugs (and any drug product containing
Gamma Hydroxybutyric Acid) |
Any amount
|
First Offense:
Not more that 20 yrs. If death or serious injury, not less
than 20 yrs, or more than Life. Fine $1 million if an
individual, $5 million if not an individual.
Second Offense:
Not more than 30 yrs. If death or serious injury, not less
than life. Fine $2 million if an individual, $10 million if
not an individual |
|
Flunitrazepam
(Schedule IV) |
1 gm or more |
|
Other Schedule III drugs |
Any amount
|
First Offense:
Not more than 5 years. Fine not more than $250,000 if an
individual, $1 million if not an individual.
Second Offense:
Not more 10 yrs. Fine not more than $500,000 if an
individual, $2 million if not an individual |
|
Flunitrazepam (Schedule IV) |
30 to 999 mgs |
|
All other Schedule IV drugs |
Any amount |
First Offense:
Not more than 3 years. Fine not more than $250,000 if an
individual, $1 million if not an individual.
Second Offense:
Not more than 6 yrs. Fine not more than $500,000 if an
individual, $2 million if not an individual. |
|
Flunitrazepam (Schedule IV) |
Less than 30 mgs |
|
All Schedule V drugs |
Any amount |
First Offense:
Not more than 1 yr. Fine not more than $100,000 if an
individual, $250,000 if not an individual.
Second Offense:
Not more than 2 yrs. Fine not more than $200,000 if an
individual, $500,000 if not an individual. |
Federal Trafficking Penalties -
Marijuana
|
DRUG |
QUANTITY |
1st
OFFENSE |
2nd
OFFENSE |
|
Marijuana |
1,000 kg
or more mixture; or 1,000 or more plants |
-
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 if an individual, $10 million if
other than an individual
|
-
Not
less than 20 years, not more than life
-
If
death or serious injury, mandatory life
-
Fine
not more than $8 million if an individual, $20 million if
other than an individual
|
|
Marijuana |
100 kg
to 999 kg mixture; or 100 to 999 plants |
-
Not
less than 5 years, not more than 40 years
-
If
death or serous injury, not less than 20 years, not more
than life
-
Fine
not more than $2 million if an individual, $5 million if
other than an individual
|
-
Not
less than 10 years, not more than life
-
If
death or serious injury, mandatory life
-
Fine
not more than $4 million if an individual, $10 million if
other than an individual
|
|
Marijuana |
more
than 10 kgs hashish; 50 to 99 kg mixture
more
than 1 kg of hashish oil; 50 to 99 plants |
-
Not
more than 20 years
-
If
death or serious injury, not less than 20 years, not more
than life
-
Fine
$1 million if an individual, $5 million if other than an
individual
|
-
Not
more than 30 years
-
If
death or seroius injury, mandatory life
-
Fine
$2 million if an individual, $10 million if other than
individual
|
|
Marijuana |
1 to 49
plants; less than 50 kg mixture |
-
Not
more than 5 years
-
Fine
not more than $250,000, $1 million other than individual
|
-
Not
more than 10 years
-
Fine
$500,000 if an individual, $2 million if other than
individual
|
|
Hashish |
10 kg or
less |
|
Hashish
Oil |
1 kg or
less |
source:
http://www.usdoj.gov/dea/agency/penalties.htm
|
Quantity |
Description |
Penalty
1st
Offense |
Penalty
2nd
Offense |
|
50+ gm or
500+ gm mixture |
Methamphetamine |
Not less
than 10 years, not more than life. If death or serious
injury, not less than 20 years or more than life.
Fine not
more than not to exceed the greater of that authorized by
Title 18 or $4,000,000 individual, or 10,000,000 other than
individual. |
Not less
than 20 years, not more than life. If death or serious
injury, life.
Fine not
more than greater of 2x that authorized by Title 18 or
$8.000,000 individual or $20,000,000. |
|
5+ grams
or 50+ grams mixture |
Methamphetamine |
Not less
than 5 years, not more than 40.
If death
or serious injury, not less than 20 years, or more than life.
Fine not
more than greater than authorized in accordance with Title 18
or $2,000,000 if individual or $5,000,000 if not individual. |
No less
than 10 years, not more than life.
If death
or serious injury, life.
Fine not
more than 2x authorized under Title 18 or $4 million for
individual or $10 million if not individual. |
FEDERAL TRAFFICKING
PENALTIES-METHAMPHETAMINE
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