Pennsylvania Western University - Edinboro
  PENNWEST EDINBORO ANNUAL POLICY NOTIFICATION/DISTRIBUTION
Drug-Free Schools and Campuses Regulations
[Edgar Part 86]
Pennsylvania State System of Higher Education
Alcohol and Other Drug Prevention
 
  
As a requirement of these regulations, PENNWEST EDINBORO is to disseminate and ensure receipt of the
below policy/information to all students, staff, and faculty on an annual basis. This process is formally
conducted by annually prohibiting access to the PENNWEST EDINBORO by University employees and
students until they acknowledge they have read and accept this notice. This will occur annually at the
beginning of fall and spring sessions as well as January and July for employees. Questions concerning this
policy and/or alcohol and other drug programs, interventions and policies may be directed to the Associate
Director for Wellness, Rachel Michaels (studentwellness-cal@pennwest.edu).
State System of Higher Education Drug-Free Workplace Policy Statement
As required by the federal “Drug-Free Workplace Act of 1988,” the State System of Higher Education,
Commonwealth of Pennsylvania, hereby declares as its policy that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited at any workplace under the authority of
the Board of Governors. Any employee violating the policy will be referred to the commonwealth's employee
assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline,
when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service
Policy, or other Personnel Policies adopted by the Board of Governors.
 
NOTE: The above policy was adopted by the Board of Governors of the State System of Higher Education on
April 20, 1989. PennWest Edinboro is a member of the State System.
 
i.             To comply with the Drug Free Schools and Communities Act of 1989 (DFSCA) and subsequent
amendments, students and employees of PennWest Edinboro are informed that strictly enforced
policies are in place which prohibit the possession, use or distribution of any illicit drugs, including
alcohol, on PennWest Edinboro property or as part of any PennWest, Edinboro Campus-sponsored
activity unless event-specific permission is given for of-age students to consume alcohol
moderately.  Students and employees are also subject to all applicable legal sanctions under local,
state and federal law for any offenses involving illicit drugs on PennWest Edinboro property or at
PennWest Edinboro Campus-sponsored events.
ii. PennWest Edinboro affirms that illegal drug use is unlawful and harmful. The use of illegal drugs
and alcohol use by students and employees could result in cognitive deficits, loss of productivity,
and other health risks. These risks include an increased risk of accidents, which may result in death
or permanent injury. Free, confidential counseling for alcohol and other drug use issues is available
to students and employees through PennWest Edinboro Counseling Services, Health Services, and
the employee assistance program. Other resources may include assessment, individual counseling,
educational programs, materials, and referral and case management through community agencies, all
of which might include a fee.
iii.          Students exhibiting signs of excessive alcohol consumption will be transported via Emergency
Medical Services (EMS) at the student’s expense for medical attention.  Refusal to cooperate with
EMS personnel may result in arrest in order to ensure the student’s health and safety and/or a
conduct complaint for disorderly conduct and/or failure to comply.
 
*Please note that this does not contain complete recitations of applicable laws and therefore should be used for
general reference only.
This document provides information concerning:
• The Commonwealth of Pennsylvania’s SUBSTANCE ABUSE POLICY.
• Applicable legal sanctions under federal, state, or local law for the unlawful possession or distribution
of illicit drugs and alcohol, including a clear statement that the institution will impose disciplinary sanctions
on students and employees (consistent with federal, state, or local 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.
• The health risks associated with the use of illicit drugs and the abuse of alcohol. Alcohol or other drug
counseling, treatment, rehabilitation, and re-entry TREATMENT RESOURCES available to employees or
students.
Professionals are prepared to provide further information or assistance. Please contact your Human
Resources Office for assistance.
California: 724-938-4427, Room 408, Dixon Hall
Clarion: 814-393-2492, Room 204, Carlson Library
Edinboro: 814-732-1378, 2
nd
Floor, Reeder Hall
Help is available for faculty and staff members who are interested. Employees can contact the State Employee
Assistance Program (SEAP) (800) 692-7459 for information about counseling, treatment, rehabilitation, or
reentry programs.
SEAP is a free assessment and referral service for State System employees and their family members; this
includes everyone who lives in your house, as well as your parents, adult children, and siblings regardless of
where they live.
Services are available 24/7 by calling 1-800-692-7459. The services provided by SEAP are strictly confidential -
your employer will not be notified unless you give written consent.
TABLE OF CONTENTS:
I. DRUG-FREE WORKPLACE ACT OF 1988
II. GENERAL REQUIREMENTS OF THE DRUG-FREE SCHOOLS AND COMMUNITIES
ACT: AMENDMENTS OF 1989
III. DRUG INDUCED RAPE PREVENTION AND PUNISHMENT ACT OF 1996
IV. HEALTH RISKS ASSOCIATED WITH THE USE AND USE OF ALCOHOL AND ILLICIT
DRUGS
V. UNIVERSITY POTENTIAL SANCTIONS AND UNIVERSITY CODE OF CONDUCT
VI. FEDERAL AND STATE LEGAL SANCTIONS CONCERNING DRUGS AND ALCOHOL
 
I. Drug-Free Workplace Act of 1988
The Drug-Free Schools and Communities Act Amendment of 1989 (U.S. Public Law 101-226) and the Drug-
Free Workplace Act require annual distribution of certain information to all students and employees. This
booklet is being provided in compliance with these requirements.
Purpose: To comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §8101, et seq.; 22
C.F.R. Part 513; 48 C.F.R. Part 23.504; 48 C.F.R. Part 52.223-6; and other portions of the Code of Federal
Regulations applicable to federal contractors).
 
Coverage: All PennWest Edinboro employees, including faculty, classified and non-classified staff,
administrators, full-time and part-time students and student employees.
 
Prohibitions: (a) The unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance is prohibited in the workplace; (b) Reporting for work under the influence of a controlled substance is
prohibited.
 
II. General Requirements of the Drug-Free Schools and Communities Act: Amendments of 1989
 
Purpose: To comply with the Drug-Free Schools and Communities Act Amendments of 1989 (20 U.S.C.
§1011i; 34 C.F.R. Part 86).
 
Coverage: All PennWest Edinboro employees, including faculty, classified and non-classified staff,
administrators, full-time and part-time students and student employees.
 
Prohibitions: Employees and students in violation of PennWest Edinboro standards concerning drugs and
alcohol.
 
The Drug-Free Schools and Communities Act Amendments of 1989 require an institution of higher education,
as a condition of receiving funds or any other form of financial assistance under any federal program, to certify
that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit
drugs and alcohol by students and employees.
 
III. Drug-Induced Rape Prevention and Punishment Act of 1996
 
Purpose: To comply with the Drug-Induced Rape Prevention and Punishment Act of 1996 (21
U.S.C. §841(b) (7) (A-B); see also 21 U.S.C. §801).
 
Coverage: All PennWest Edinboro employees, including faculty, classified and non-classified staff,
administrators, full-time and part-time students and student employees.
 
Prohibitions: It is unlawful to distribute a controlled substance to an individual without that individual’s
knowledge with intent to commit a crime of violence, including rape. “Without that individual’s knowledge”
means that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise
conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to
the individual.
 
IV. Health Risks Associated with the Use of Alcohol and Illicit Drugs
 
Substance use and drug dependency are problems of staggering proportions in our society today. They are the
leading causes of preventable illness, disability, and death in the United States. Alcohol/chemical dependency is
a disease that affects not only individuals, but every component of the family system, workplace, and the
community. Chemical use not only includes alcohol and illegal drugs, but also prescription drugs such as
tranquilizers, pain killers, sleeping pills, etc.
 
A. Alcohol/Drug Use
 
Alcoholism and other drug dependencies are diseases with identifiable symptoms. These symptoms include
changes in alcohol/drug tolerance, blackouts (permanent, chemically induced memory loss), denial (refusal to
admit that chemical use is a problem), mood swings, behavior changes, and loss of control (inability to stop
and/or limit chemical consumption). The disease injures the person economically, socially, physically,
psychologically, and spiritually; relationships break down, work performance is impaired, depression often
occurs and behavior often goes against values. Persons who suffer from chemical dependency are victims of a
progressive, fatal disease. Alcoholism/addiction affects people of all ages, economic levels, and races.
 
Alcoholism is a disorder that has profound psychological and biological patterns: (1) regular daily intoxication,
(2) drinking large amounts of alcohol at specific times, and (3) periods of sobriety interspersed with periods of
heavy daily drinking. The course of the disorder is usually progressive and physical dependence can develop. If
this happens, serious symptoms, sometimes life threatening, can develop when alcohol is withdrawn. Short-term
effects of alcohol use can include depression, gastritis, liver disease and automobile accidents, and domestic
violence. Chronic alcohol use can produce irreversible changes, including dementia, sexual impotence, cirrhosis
of the liver, and heart disease. Death can occur either as a complication of one of these chronic problems, or
acutely, secondary to alcohol intoxication by poisoning or aspiration of vomitus or as the result of an
automobile accident while driving intoxicated.
 
B. Impact on Families and Friends
 
Families are gravely affected by a chemical using member. Some of the effects on the family include feelings of
insecurity, guilt, fear, isolation, anger, and resentment. As the chemically dependent person’s disease
progresses, the effects on the family worsen. As a very direct, physiological consequence, the infants of alcohol
and cocaine using mothers often have low birth weight and may suffer from malformations and a variety of
developmental problems. Children are often the most vulnerable to the effects of chemical dependency.
Growing up in families where their developmental needs are not met, children may face a variety of problems;
low self-esteem, inability to trust others, teenage pregnancy, and high risks for chemical use/use/dependency.
 
The lifestyle of the patient often affects the economic well-being of their families due to their inability to hold
down a job. In some cases, the patient will steal from relatives, which reduces the family’s financial means and
stability. In many cases, substance use leads to violence at home.
 
There is an obvious emotional toll of substance use on the functioning of individual members and the family as
a whole. Family members may actively deny the problem, may become symptomatic in an effort to deflect
attention from the substance abusing member, or may assume the patient’s responsibilities at home and even at
work.
 
Chemical dependency is treatable. With an understanding of the disease and its impact on lives, family
members and friends can take steps to help reduce enabling behaviors. Very often, the family’s intervention
with the user and his or her problem is an essential step which encourages the abusing member to seek
treatment. Support groups for family members, such as Al-Anon, as well as family therapy can provide needed
assistance to families as they grapple with the destructive effects of the user’s addiction.
C. Impact on Academics
Many factors can negatively impact a student’s academic success, including regular or excessive substance use.
Such substance use can impact brain functions involved in learning and memory impacting information
processing. Research have linked both cannabis and alcohol use with lower grades due to skipping classes, not
completing assignments at the highest level possible, and having clouded thinking and concentration. A
student’s commitment to academic performance can also decrease with excessive substance use. The impact of
substance use can not only impact a student's academic performance while in college, but also lower the
student's ability to achieve their career goals later in life.
D. Support and Treatment Centers
PennWest Edinboro provides intervention, education and prevention services in an introductory capacity.
Students who must cope with advanced issues relating to alcohol and other drug use are encouraged to contact
an agency listed below, consult with a licensed private professional or seek the assistance of PennWest,
Edinboro Campus’s Counseling Center. Those resources listed below that are community agencies do not
comprise a comprehensive listing of off campus resources.
PENNWEST EDINBORO MENTAL HEALTH RESOURCES
Emergency Contact Information
Local Community Resources
All County Emergencies
911
Local Emergency Rooms: UPMC
Hamot (814)877-6000 AHN St.
Vincent (814)452-5354
Millcreek (814)868-8344
Meadville (814)333-5500
Erie County Crisis Services (800)300-9558
Safe Harbor Behavioral Health Crisis (814)456-2014
Toll-free (800)300-9558
Crawford County Stairways Crisis (888)315-5721
University Police Emergency (814)732-2911
Borough of Edinboro Police (814)734-1712
Erie County Mental Health Agencies: Stairways
Behavioral Health (814)454-5686 Safe Harbor
Behavioral Health (814)459-9300
Crawford County Mental Health Agencies:
Stairways Behavioral Health (814)337-8762
Safe Harbor Behavioral Health (814)373-3374
Warm Line (not crisis, just need to talk) (877)550-4007
National Suicide Prevention Lifeline
9-8-8 Edinboro Counseling & Psychological Services
7052 Route 6N, Edinboro (814)734-3975
Crisis Text Line
Text HOME to 741741
Edinboro Psychological & Psychiatric Associates
12634 Angling Rd., Edinboro (814)734-7094
Pennsylvania State Police
(814)898-1641 (Erie)
(814)332-6911 (Meadville)
(814)774-9611 (Girard)
Evolve Professional Counseling Services
111 Walker Drive, Edinboro (814)734-0199
Mindful Paths
124 Meadville St., Edinboro (844)920-2091
Domestic Violence:
SafeNet Hotline for City of Erie (814)454-8161
Safe Journey for Erie County (814)438-2675
Crawford County Women’s Services (814)724-4637
Tradewinds Counseling Services
124 Meadville St., Edinboro (814)240-2955
PennWest Edinboro Campus Ministry
McNerney Hall Office (814)732-2601
Rape Crisis / Crime:
Crime Victim Center (814)455-9414
Violent Crime (814)455-9515
Alcohol and Drug:
Gaudenzia Main Office (814)459-6304
Edinboro Campus (814)734-8760
Alcoholics Anonymous
Erie (814)452-2675
Meadville (814)333-5810 or (814)724-4100
For a full list of crisis resources by county in Pennsylvania, please go to:
https://elurimdpc.com/pdf/Suicide_Prevetion_Hotlines.pdf
If you wish to contact off campus resources on your own, the Pennsylvania Department of Drug and Alcohol
Programs is an excellent resource: www.ddap.pa.gov. The first tab at the top of their homepage is “Get Help
Now” where you will find a list of the county Drug and Alcohol Offices and Treatment Providers. These
professional agencies will maintain the confidentiality of persons seeking help for personal dependency or other
problems and will not report them to institutional or state authorities. Another state-wide resource that lists
treatment providers throughout the state is PAStop, and their link is www.PAStop.org A tab on the top right of
their homepage is entitled “Find Help” and when you click on it, it takes you to a list by county of the
many agencies in the state of Pennsylvania who provide both prevention and treatment services. Then, when you
click on any agency name, you are taken directly to their individual website.
This list of treatment facilities and services is not intended to be exhaustive; it is merely a helpful list of some
contacts in areas convenient to PennWest Edinboro campus. PennWest Edinboro is not affiliated with and does
not accept liability for any services, treatment, or counseling provided by these third-parties or their employees
for any acts of misfeasance, nonfeasance, or malfeasance by same. The individual and his or her family should
conduct reviews of these facilities before accepting their services.
Medical Amnesty is an act that enables protection from liability to those who seek medical attention as a result
of an excessive use of alcohol or other substances. This act has been established to help protect college students
from serious consequences, such as death, related to excessive use of alcohol and other drugs. You may find our
information here: SA020 Medical Amnesty (pennwest.edu).
Health Risks of Commonly Used Substances
Substance
Terms
Short Term
Effects
Long Term Effects
Alcohol
slurred speech,
drowsiness, headaches,
impaired judgment,
decreased perception and
coordination, distorted vision
and hearing, vomiting,
breathing difficulties,
unconsciousness, coma,
blackouts
toxic psychosis, physical
dependence, neurological
and liver damage, fetal
alcohol syndrome, vitamin
B1 deficiency, sexual
problems, cancer, physical
dependence
Amphetamines
crack, crystal, ice, pep
pills
increased heart rate, increased
blood pressure, dry mouth,
loss of appetite, restlessness,
irritability, anxiety
delusions, hallucinations,
heart problems,
hypertension, irritability,
insomnia, toxic psychosis,
physical dependence
Barbiturates
and
Tranquilizers
yellow jackets, red
devils, roofies,
rohypnol, ruffies,
tranqs, mickey, flying
slurred speech, muscle
relaxation, dizziness,
decreased motor control
severe withdrawal
symptoms, possible
convulsions,
toxic psychosis,
depression, physical
dependence
Cocaine 
Loss of appetite increased
blood pressure 
and heart rate, contracted blood
vessels, nausea, hyper-
stimulation anxiety, paranoia,
increased hostility 
Increased rate of breathing,
muscle spasms and
convulsions. 
dilated pupils
disturbed sleep, 
depression, weight loss, high
blood pressure, seizure, heart
attack, stroke, hypertension,
hallucinations, psychosis,
chronic cough, nasal passage
injury, kidney, liver and lung
damage 
Gamma
Hydroxy
Butyrate
liquid ecstasy, G, georgia
homeboy, grievous
bodily harm 
euphoria, decreased inhibitions,
drowsiness, sleep, decreased
body temperature, decreased
heart rate, decreased blood
pressure 
memory loss, depression,
severe withdrawal
symptoms, physical
dependence, psychological
dependence 
Heroin 
skag 
euphoria, flushing of the skin,
dry mouth, “heavy” arms and
legs, slowed breathing,
muscular weakness 
constipation, loss of appetite,
lethargy, weakening of the
immune system, respiratory
(breathing) illnesses, 
muscular weakness,
partial paralysis, coma,
physical dependence,
psychological
dependence 
Ketamine 
dream-like states,
hallucinations, impaired
attention and memory,
delirium, impaired motor
function, high blood pressure,
depression 
Urinary tract and bladder
problems, abdominal pain,
major convulsions, muscle
rigidity, increased confusion,
increased depression,
physical dependence,
psychological dependence
LSD 
blotter, A-bombs 
dilated pupils, change in body
temperature, blood 
may intensify existing
psychosis, panic 
MDMA
impaired judgment, confusion,
confusion, blurred vision, teeth
clenching, depression, anxiety,
paranoia, sleep problems,
muscle tension
same as LSD, sleeplessness,
nausea, confusion, increased
blood pressure, sweating,
depression, anxiety, memory
loss kidney failure,
cardiovascular problems,
convulsions death, physical
dependence, psychological
dependence
Marijuana/
Cannabis
joint, bud, reefer,
doobie, roach
sensory distortion, poor
coordination of movement
slowed reaction time, panic,
anxiety
bronchitis, conjunctivas,
lethargy, shortened attention
span, suppressed immune
system, personality changes,
cancer, psychological
dependence, physical
dependence possible for
some
Mescaline
nausea, vomiting, anxiety,
delirium, hallucinations,
increased heart rate, blood
pressure, and body
temperature,
lasting physical and mental
trauma, intensified existing
psychosis, psychological
dependence
Morphine/Opiates
Miss Emma, monkey,
roxanol, white stuff
euphoria, increased body
temperature, dry mouth,
“heavy” feeling in arms and
legs
constipation, loss of
appetite
collapsed veins, heart
infections, liver disease,
depressed respiration,
pneumonia and other
pulmonary complications,
physical dependence,
psychological dependence.
PCP
crystal, tea, angel dust,
embalming fluid, killer
weed, rocket fuel,
supergrass, wack, ozone
shallow breathing, flushing,
profuse sweating, numbness in
arms and legs, decreased
muscular coordination, nausea,
vomiting, blurred vision,
delusions, paranoia, disordered
thinking
memory loss, difficulties
with speech and thinking,
depression, weight loss,
psychotic behavior, violent
acts, psychosis, physical
dependence, psychological
dependence
Psilocybin
mushrooms, magic
mushrooms, shrooms,
caps, psilocybin &
psilocyn
nausea, distorted perceptions,
nervousness, paranoia,
confusion, memory loss,
shortened attention span,
flashbacks may intensify
existing psychosis,
Steroids
roids, juice
increased lean muscle mass,
increased strength, acne, oily
skin, excess hair growth, high
blood pressure
Cholesterol imbalance,
anger management
problems, masculinization
or women, breast
enlargement in men,
premature fusion of long
bones preventing
attainment of normal
height, atrophy of
reproductive organs,
impotence, reduced
fertility, stroke,
hypertension, congestive
heart failure, liver
damage, psychological
dependence
V. University Potential Sanctions and Student Code of Conduct
Disciplinary Warning: Official notice that specific behavior or activity was in violation of the conduct code
and that further violations may result in more serious disciplinary action. Students receiving a Disciplinary
Warning remain in good disciplinary standing.
Disciplinary Probation: Official notification of a specified period of review and monitoring. Further violations
of the conduct code may result in more severe disciplinary action, including an examination of continued status
as a student. Students on Disciplinary Probation are not in good disciplinary standing.
Final Disciplinary Probation: Final Disciplinary Probation is imposed only in very serious cases or in
response to progressive discipline stipulating that a student, in lieu of University suspension, is being allowed to
remain at the University provided that the student adheres to certain conditions, as set by the Board or Hearing
Officer. A Student on Final Disciplinary Probation is denied the privilege to represent the University in any
organized capacity including intercollegiate varsity, non-varsity or club events or to hold office in any Student
Organization. Students on Final Disciplinary Probation are not in good disciplinary standing.
Suspension: Official notification involving a disciplinary separation from the University for a specified period
generally not less than one semester and generally not exceeding two years. Suspension involves denial of all
affiliated privileges and rights, including the privilege of using University facilities. A Student may not attend
classes or be enrolled in online or distance education, take exams, earn grades, attend University activities or be
on University property except for University business during the suspension period. University business must
be approved in advance by the Dean of Students or designee. Further violations of the conduct code may result
in more severe disciplinary action, including an examination of continued status as a student. Students on
Suspension are not in good disciplinary standing. All stipulated conditions shall be completed before re-
enrollment.
Expulsion: Official notification of permanent separation and termination of the Referred Party’s status as a
student, and exclusion from University property, privileges, and activities. Students on Expulsion are not in
good disciplinary standing.
Restitution: Reimbursement for damage to, or destruction of, University property. Housing Reassignment:
Movement from a current residential assignment to another location in campus housing. Housing rates may be
impacted.
Housing Removal: Removal from campus housing for a specified period of time. Access to campus housing,
including visitation, is prohibited. Should circumstances warrant, housing removal could be permanent. In
accordance with Residence Life policy, in such instances there will be no refund of housing fees.
Alcohol/Other Drug Education: Completion of an assigned substance education program as directed.
Restriction of Privileges: Exclusion from, or limits on, participation in specified services and activities or
specified campus facilities. Prohibition of participation in campus co-curricular activities or use of campus
services, e.g., intramural participation, room reservation privileges, leadership.
Educational Activities: Completion of a specified activity, service project, educational program, event,
assignment, papers, meetings or other educational and/or restorative assignment.
No Contact Directive: Official written expectations issued by a University administrator restricting or
prohibiting contact between individuals and may also include other restrictions.
VI. Federal, State and University Drug Laws and Penalties
Pennsylvania Penalties
The legal ramifications of misuse of alcohol and/or controlled substances (drugs) are serious and varied,
depending on the circumstances involved. The penalties are determined by examining each individual case. A
person can be arrested or cited for violations ranging from summary through felony offenses. State System
employees can be referred for prosecution for a violation of the state and/or local laws.
The following is a summary description of the legal sanctions under State and Federal law for the unlawful
possession or distribution of illicit drugs and alcohol:
1. Drugs -- State Penalties and Sanctions for Illegal Possession, Sale or Delivery of a Controlled
Substance:
a. The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq. sets up 5
schedules of controlled substances based on potential for use, dangerousness and medical uses.
The Act prohibits, among other things, the manufacture, distribution, sale or acquisition by
misrepresentation or forgery of controlled substances except in accordance with the Act, as well
as the knowing possession of controlled substances unlawfully acquired. Penalties for first-time
violators of the Act range from 30 days imprisonment, a $500 fine or both for possession or
distribution of a small amount of marijuana or hashish not for sale, to 15 years imprisonment or a
$250,000 fine or both for the manufacture or delivery of a Schedule I or II narcotic.
Fines and terms of imprisonment may be doubled under certain circumstances, including the
distribution of a controlled substance to a person under 18 years of age or a conviction for a
second or subsequent offense. Immunity from prosecution under Pennsylvania law may be
available for certain drug-related offenses for the person who calls 911, campus safety, police or
emergency services to report that another person is in need of immediate medical attention to
prevent death or serious injury, provides his/her own name, and remains with the person
needing medical assistance until emergency services arrive, if the only way law enforcement
officers become aware of the violation is due to the call.
b. 18 Pa. C.S. §§ 6314, 6317 – A person over 18 years of age who is convicted for violating the
Controlled Substance, Drug, Device and Cosmetic Act shall be sentenced to a minimum of at
least one-year total confinement if the delivery or possession with intent to deliver of the
controlled substance was to a minor. If the offense is committed within 1,000 feet of the real
property on which is located a public, private or parochial school or a college or university or
within 250 feet of the real property on which is located a recreation center or playground or on a
school bus (“drug free school zones”), the person shall be sentenced to an additional minimum
sentence of at least 2 years total confinement. Such offenses not involving minors in drug free
school zones are subject to a mandatory minimum of two years of total confinement.
c. Pennsylvania’s Medical Marijuana Act (Apr. 17, 2016, P.L. 84, No. 16) states that growth,
processing, manufacture, acquisition, transportation, sale, dispensing, distribution, possession
and consumption of medical marijuana that is permitted under the Medical Marijuana Act will
not be deemed to be a violation of Pennsylvania’s Controlled Substance, Drug, Device and
Cosmetic Act. These activities continue to be subject to penalties and sanctions under
U.S. federal law. For more information, see paragraph 2.a below.
d. The Pharmacy Act of 1961, 63 P.S. § 390-8 prohibits, among other things, procuring or
attempting to procure drugs by fraud, deceit, misrepresentation or subterfuge or by forgery or
alteration of a prescription. The first offense is a misdemeanor, with a maximum penalty of one
year's imprisonment, a $5,000 fine, or both. For each subsequent offense, the maximum penalty
is three years’ imprisonment, a $15,000 fine, or both.
e. The Vehicle Code, 75 Pa. C.S. § 3802 et seq. prohibits driving, operating or being in actual
physical control of the movement of a vehicle while under the influence of alcohol or a
controlled substance, or both, if the driver is thereby rendered incapable of safely driving,
operating or being in actual physical control of the movement of the vehicle, if the alcohol
concentration in the individual’s blood or breath exceeds the stated limits, or if the individual’s
blood contains a controlled substance. Penalties for first-time violators of the Act range from a
mandatory term of six months’ probation and a $300 fine to 72 hours imprisonment and a
$5,000 fine. Penalties are greater for subsequent violations. Other penalties include suspension
of operating privileges, installment of ignition interlock devices, and highway safety training.
In addition to the above penalties, the court has discretion to order any or all of the following:
drug or alcohol treatment, community service, and/or attendance at a victim impact panel.
2. Drugs -- Federal Penalties and Sanctions for Illegal Possession or Trafficking of a Controlled
Substance:
a. 21 U.S.C.S. §§ 841, 844 and 844(a)
For possession: 1st conviction: Up to 1 year imprisonment and fine of at least $1,000 or
both.
After 1 prior drug conviction: At least 15 days imprisonment, not to exceed 2 years, and fine of
at least $2,500. After 2 or more prior drug convictions: At least 90 days imprisonment, not to
exceed 3 years, and fine of at least $5,000. Special sentencing provisions for possession of
flunitrazepam (the “date rape drug”): imprisonment not to exceed 3 years, a fine of at least
$1,000, or both. In addition to the above penalties, the court has discretion, upon conviction, to
order a fine in the amount of the reasonable costs of the investigation and prosecution of the
offense.
Additional penalties, including imprisonment and fines, apply for manufacture or distribution
of a controlled substance or possession with intent to manufacture, distribute, or dispense, a
controlled substance.
Notwithstanding the enactment of state laws permitting certain transportation, sale,
dispensing, distribution, possession and consumption of marijuana under specified
conditions, including Pennsylvania’s Medical Marijuana Act, the U.S. Department of Justice
has made clear that marijuana remains an illegal drug under the U.S. Controlled Substances
Act, and that federal prosecutors will continue to aggressively enforce this statute.
b. 21 U.S.C.S. §§ 853(a) and 881(a) -- Forfeiture of personal and real property used, or intended to
be used, to possess or to facilitate possession of a controlled substance if that offense is
punishable by more than 1 year imprisonment. Forfeiture of money, controlled substances, drug
paraphernalia, firearms, books and records, vehicles, vessels, aircraft or any other conveyance
used, or intended to be used, to transport or facilitate the transportation, sale, receipt, possession,
or concealment of a controlled substance or any raw materials, products, or equipment of any
kind which are used, or intended for use, in manufacturing, compounding, processing, delivering,
importing, or exporting any controlled substance.
c. 20 U.S.C.S.§ 1091(r) – A student who has been convicted of any offense under any Federal or
State law involving the possession or sale of a controlled substance for conduct that occurred
during a period of enrollment for which the student was receiving any grant, loan, or work
assistance under federal law, shall not be eligible to receive any grant, loan, or work assistance
during the period beginning on the date of such conviction and ending after the interval specified
as follows: If convicted of an offense involving the possession of a controlled substance, the
penalty for the first offense is ineligibility for 1 year, the second offense is ineligibility for 2
years, and the third offense is ineligibility for an indefinite period. If convicted of an offense
involving the sale of a controlled substance, the penalty for the first offense is an ineligibility
period of 2 years, and the penalty for a second offense is ineligibility for an indefinite period. A
student whose eligibility has been suspended under the above paragraph may resume eligibility
before the end of the ineligibility period determined under such paragraph if (1) the student
satisfactorily completes a drug rehabilitation program that complies with such criteria as
prescribed by regulations, and includes two unannounced drug tests; (2) the student successfully
passes two unannounced drug tests conducted by a drug rehabilitation program that complies
with such criteria as prescribed by regulations; or (3) the conviction is reversed, set aside, or
otherwise rendered nugatory.
d. 21 U.S.C.S. § 862 – Upon conviction of possession, penalties may include (1) denial of Federal
benefits, such as grants, contracts, loans, and professional and commercial licenses, up to 1 year
for first offense and 5 years for subsequent offenses; (2) requirement to successfully complete an
approved drug treatment program, including periodic testing; and (3) perform appropriate
community service. These penalties are increased for trafficking.
e. 18 U.S.C.S. § 922(g) -- Ineligible to ship, transport, receive or purchase a firearm or
ammunition.
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.
See the chart describing Federal Trafficking Penalties attached to this Policy as Appendix A for additional
information.
Alcohol – State and Local Penalties and Sanctions for Illegal Possession or Other Violations: The
Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq., controls the possession and sale of alcoholic beverages
within the Commonwealth. The Code (in conjunction with portions of the Pennsylvania Statutes pertaining
to crimes and offenses involving minors, 18 Pa. C.S.A.
§ 6307 et seq., and 18 Pa. C.S.A. § 5505) provides as follows:
a) It is a summary offense for a person under the age of 21 to attempt to purchase, consume, possess or
knowingly and intentionally transport any liquor or malt or brewed beverages. The penalty for a first
offense is suspension of driving privileges for 90 days and a fine up to $500 and imprisonment for up to
90 days; for a second offense, suspension of driving privileges for one year and a fine up to $1,000, and
imprisonment for up to 90 days; for a subsequent offense, suspension of driving privileges for two years
and a fine up to $1,000, and imprisonment for up to 90 days. Multiple sentences involving suspension of
driving privileges must be served consecutively.
b) It is a crime to intentionally and knowingly sell or furnish or to purchase with the intent to sell or
furnish, any liquor or malt or brewed beverages to any minor (under the age of 21). "Furnish" means to
supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by
the person charged. The minimum fine for a first violation is $1,000; $2,500 for each subsequent
violation; imprisonment for up to one year for any violation.
c) It is a crime for any person under 21 years of age to possess an identification card falsely identifying that
person as being 21 years of age or older, or to obtain or attempt to obtain liquor or malt or brewed
beverages by using a false identification card. The penalty for a first offense is suspension of driving
privileges for 90 days, a fine up to $300 and imprisonment for up to 90 days; for a second offense,
suspension of driving privileges for one year, a fine up to $500 and imprisonment for up to one year; for
a subsequent offense, suspension of driving privileges for two years, a fine up to $500 and imprisonment
for up to one year.
d) It is a crime to intentionally, knowingly or recklessly manufacture, make, alter, sell or attempt to sell an
identification card falsely representing the identity, birthdate, or age of another. Fine is minimum of
$1,000 for first violation and $2,500 for subsequent violations; imprisonment for up to two years for any
violation.
e) It is a crime to knowingly misrepresent one's age to obtain liquor. Penalties are as stated in (c) above.
f) It is a crime to appear in any public place manifestly under the influence to the degree that individuals
may endanger themselves or other persons or property or annoy persons in their vicinity. The penalty is
a fine up to $500 for the first offense and up to $1,000 for subsequent offenses; imprisonment for up to
90 days for any violation.
g) It is a crime to knowingly, willfully and falsely represent that another is of legal age to obtain liquor or malt or
brewed beverages. The penalty is a minimum fine of $300 and imprisonment for up to one year.
h) It is a crime to hire, request or induce any minor to purchase liquor or malt or brewed beverages. The penalty is a
minimum fine of $300 and imprisonment for up to one year.
i) Sales without a license or purchases from an unlicensed source of liquor or malt beverages are prohibited.
j) It is unlawful to possess or transport liquor or alcohol within the Commonwealth unless it has been purchased
from a Pennsylvania State Liquor Store or in accordance with Liquor Control Board regulations.
k) Immunity from prosecution may be available for consumption or possession offenses involving minors for the
person who calls 911, campus safety, police or emergency services to report that another person is in need of
immediate medical attention to prevent death or serious injury, provides his/her own name, and remains with the
person needing medical assistance until emergency health care providers arrive and the need for his/her presence
ends if: (1) the only way law enforcement officers become aware of the violation is due to the call, and (2) the
person reasonably believes he or she is the first person to make the call.
Federal Drug Laws
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, although not complete, is an overview of federal penalties for first convictions. All
penalties are doubled for any subsequent drug conviction.
Denial of Federal Aid (20 USC 1091)
Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or
possession of drugs will have their federal financial aid eligibility suspended. This includes all federal
grants, loans, federal work study programs, and more. Students convicted of drug possession will be
ineligible for one year from the date of the conviction of the first offense, two years for the second offense,
and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years
from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can
regain eligibility by successfully completing an approved drug rehabilitation program.
Forfeiture of Personal Property and Real Estate (21 USC 853)
Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to
the United States any personal or real property related to the violation, including houses, cars, and other
personal belongings. A warrant of seizure is issued, and property is seized at the time an individual is
arrested on charges that may result in forfeiture.
Federal Drug Trafficking Penalties (21 USC 841)
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance
involved in the transaction. The following list is a sample of the range and severity of federal penalties
imposed for first convictions. Penalties for subsequent convictions are twice as severe.
If death or serious bodily injury result from the use of a controlled substance which has been illegally
distributed, the person convicted on federal charges of distributing the substance faces mandatory life
sentence and fines ranging up to $8 million.
Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC
845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the
offense, with a mandatory prison sentence of at least 1 year.
Drug/Substance
Amount
Penalty - 1st Conviction
Barbiturates
Any amount
Up to 5 years prison. Fine up to $250,000
Cocaine
5 kgs. or more
Not less than 10 years prison, not more than life. Fine
up to $4 million
Less than 100
grams
10-63 months prison. Fine up to $1 million
Crack Cocaine
50 grams or more
Not less than 10 years prison, not more than life. Fine
up to $4 million
5-49 grams
Not less than 5 years prison, not more than 40 years.
Fine up to $2 million
5 grams or less
10-63 months prison. Fine up to $1 million
Ecstasy
Any amount
Up to 20 years imprisonment. Fine up to $1 million.
3 years of supervised releases (following prison)
GHB
Any amount
Up to 20 years imprisonment. Fine up to $1 million.
3 years of supervised releases (following prison)
Hashish
10-100 kg
Up to 20 years imprisonment. Fine up to $1 million.
10 kg or less
Up to 5 years imprisonment. Fine up to $250,000
Hash Oil
1-100 kg
Up to 20 years imprisonment. Fine up to $1 million.
1 kg or less
Up to 5 years imprisonment. Fine up to $250,000
Heroin
1 kg or more
Not less than 10 years prison, not more than life. Fine
up to $4 million
100-999 grams
Not less than 5 years prison, not more than 40 years.
Fine up to $2 million
100 grams or less
10-63 months prison. Fine up to $1 million
Ketamine
Any amount
Up to 5 years imprisonment. Fine up to $250,000. 2
years supervised release
LSD
10 grams or more
Not less than 10 years prison, not more than life. Fine
up to $4 million
1-10 grams
Not less than 5 years prison, not more than 40 years.
Fine up to $2 million
Marijuana
1000 kg or more
Not less than 10 years prison, not more than life. Fine
up to $4 million
100-999 kg
Not less than 5 years prison, not more than 40 years.
Fine up to $2 million
50-99 kg
Up to 20 years imprisonment. Fine up to $1 million
50 kg or less
Up to 5 years imprisonment. Fine up to $250,000
Methamphetamine
50 grams or more
Not less than 10 years prison, not more than life. Fine
up to $4 million
10-49 grams
Not less than 5 years prison, not more than 40 years.
Fine up to $2 million
10 grams or less
10-21 months prison. Fine up to $1 million
PCP
100 grams or more
Not less than 10 years prison, not more than life. Fine
up to $4 million
10-99 grams
Not less than 5 years prison, not more than 40 years.
Fine up to $2 million
10 grams or less
10-21 months prison. Fine up to $1 million
Rohypnol
1 gram or more
Up to 20 years imprisonment. Fine up to $1 million
less than 30 mgs
Up to 5 years imprisonment. Fine up to $250,000
Federal Drug Possession Penalties (21 USC 844)
Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year
in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000.
Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a
minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more
than 3 years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by
a minimum fine of $750.
Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less
than 5 years but not more than 20 years and a fine up to $250,000, or both if:
A. It is a first conviction and the amount of crack possessed exceeds 5 grams;
B. It is a second conviction and the amount of crack possessed exceeds 3 grams;
C. It is a third or subsequent crack conviction and the amount exceeds 1 gram.
Civil penalties of up to $10,000 may also be imposed for possession of small amounts of
controlled substances, whether or not criminal prosecution is pursued.
Prevention and Education
Through the Student Health Services and other departments and offices, a variety of individual, group,
and community educational programs and interventions designed to prevent and reduce alcohol and
other drug use are offered to the PennWest Edinboro Community.
As mandated by the Drug-Free Schools and Campuses Act, this policy is distributed to all students,
staff and faculty on an annual basis, and during every even year, a biennial review of the comprehensive
alcohol and other drug program is conducted. For more information concerning programs, interventions
and policies, contact Associate Director for Wellness, Rachel Michaels (studentwellness-
cal@pennwest.edu).