Policy

The health and safety of Gordon College employees and students are matters of serious concern. Gordon College seeks to protect the public health and environment of all members of the College by promoting a drug-free environment in compliance with the Drug-Free Schools and Communities Act of 1989. Gordon College has developed this comprehensive statement about Gordon College’s programs designed to prevent the illicit use of drugs and abuse of alcohol by students and employees.

POSSESSION, USE AND DISTRIBUTION

Gordon College prohibits the possession, use or distribution of alcohol or illegal drugs on Gordon College property. Use of alcohol by underage students or abuse of alcohol by any student on or off campus is also a sanctionable offense since underage drinking is a violation of state law, and abuse of alcohol is considered conduct unbecoming of a Gordon student. Violations of these policies will result in discipline for students with a variety of sanctions up to and including expulsion. Violations by faculty and staff may be deemed grounds for immediate dismissal.

RATIONALE

Our Christian faith/beliefs include(s) redemption and the commands to be compassionate and bear each other’s burdens. The College reflects these beliefs in its policies: to be accountable for stewardship of our bodies, resources and abilities; to practice Christian forbearance to others’ sensitivities in exercising our freedoms; and to submit to the laws of our governments. Furthermore, we are concerned with the physical, social and personal effects of abuse of alcohol and drugs.

Assistance in Overcoming Drug and Alcohol Abuse

Early recognition and treatment of drug or alcohol abuse are important for successful rehabilitation, for economic return to the College, and for reduced personal, family and social disruption. Gordon College encourages the earliest possible diagnosis of and treatment for drug or alcohol abuse.

STUDENTS

Students who express the need for help in dealing with drug or alcohol dependencies are encouraged to use counselors in our Center for Student Counseling and Wellness who have training and experience in that area. In addition, off-campus agencies and self-help organizations can be contacted through the Center for Student Counseling and Wellness or the residence life staff. Most discipline cases involving alcohol or drug-related behavior result in counseling referral.

EMPLOYEES

Whenever feasible, Gordon College will assist employees in overcoming drug or alcohol abuse. Staff or faculty will be supported in dealing with dependency problems through release time and our health insurance, which includes coverage for counseling and therapy. However, the decision to seek diagnosis and accept treatment is primarily the individual employee’s responsibility. Employees with drug or alcohol-related problems should contact the director of personnel, their supervisors or the Office of Student Life.

EFFECTS OF ALCOHOL

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics than other children.

Summary of Legal Sanctions Covering Alcohol and Drug Abuse

Local, state and federal laws make illegal use of drugs and alcohol serious crimes. Conviction can lead to imprisonment, fines and assigned community service. Courts do not reduce prison sentences in order for convicted persons to attend college or continue their jobs. A felony conviction for such an offense can prevent you from entering many fields of employment or professions.

Cities and towns in Massachusetts, specifically Wenham, prohibit public consumption of alcohol and impose fines for violation. The Metropolitan District Commission also prohibits public consumption of alcohol in its parks around Boston.

Massachusetts laws prohibit sale or delivery of alcoholic beverages to persons under 21 with a fine of up to $2,000 or up to one year of imprisonment, or both. Misrepresenting one’s age or falsifying an identification to obtain alcoholic beverages is punishable by a fine of $300. First conviction of driving under the influence of alcohol has a $500-$5,000 fine, one-year revocation of driver’s license, and up to two and a half years in prison and mandatory alcohol rehabilitation.

Massachusetts has criminal penalties for use of controlled substances, or drugs, with penalties varying with the type of drug. In general, narcotic drugs, addictive drugs and drugs with a high potential for abuse have heavier penalties.

Possession of drugs is illegal without valid authorization. While penalties for possession are generally not as great as for manufacture and distribution of drugs, possession of a relatively large quantity may be considered distribution. Under both state and federal laws, penalties for possession, manufacture and distribution are much greater for second and subsequent convictions. Many laws dictate mandatory prison terms and the full minimum term must be served.

Massachusetts makes it illegal to be in a place where heroin is kept and to be “in the company” of a person known to possess heroin. Anyone in the presence of heroin at a private party or dormitory suite risks a serious drug conviction. Sale and possession of “drug paraphernalia” is illegal in Massachusetts.

Marijuana/THC Products 

As of December 15, 2016, marijuana can be legally possessed in the state of Massachusetts. However, federal law (which applies on campus as the college receives federal financial aid) and Gordon College policy remain unchanged.  Gordon College does not allow possession or use of marijuana (including THC oil) for any reason, no matter how small the amount. Possession and/or use of medical marijuana (in any form) is also prohibited, even with a prescription. Distribution, possession and/or use of marijuana or THC oil are serious offenses and violators will be subject to sanctions, up to and including suspension.

CBD Products

Federal law allows for possession and use of CBD oil products derived from hemp (not those derived from marijuana). Recognizing the beneficial impact of CBD products for some students’ mental health, Gordon College does allow possession and use of CBD oil products derived from hemp, so long as the product is clearly labeled as hemp-derived and free from all but trace amounts of THC oil. Students are responsible to retain the packaging for these items and must be able to produce the packaging upon request to prove the content of the CBD product. CBD products derived from marijuana, CBD products containing a non-trivial (greater than 0.3 percent) amount of THC oil, and CBD products without packaging clearly identifying they are hemp-derived are not allowed on campus. Possession or use of non-approved CBD products on campus will result in a $50 fine for a first offense, $100 for a second offense, and a disciplinary hearing a third offense.

Residue found to be above 0.3% THC content in post-incident testing will be treated as THC oil or marijuana product unless the student can produce proof that the packaging indicated the product was an allowed CBD/hemp product.

Persons convicted of drug possession under state or federal law are ineligible for federal student grants and loans for up to one year after the first conviction, two years after the second; the penalty for distributing drugs is loss of benefits for two years after the first, and permanently after the second conviction.

Under federal law, distribution of drugs to persons under age 21 is punishable by twice the normal penalty with a mandatory one year in prison; a third conviction is punishable by mandatory life imprisonment. These penalties apply to distribution of drugs in or within 1,000 feet of a college or school. Federal law sets greatly heightened prison sentences for manufacture and distribution of drugs if death or serious injury results from use of the substance.

DRUNK-DRIVING LAW

In 1994 Massachusetts enacted a drunk-driving law with major penalties for underage drunk drivers. The law establishes what is known as “zero tolerance” for blood alcohol level (in drivers aged 16 to 21). For such drivers, any alcohol level greater than .02 will result in automatic on-the-spot revocation of the driver’s license. The .02 amount is roughly equivalent to one drink or one beer. For adults over 21 the maximum permitted level in the blood is .08.

RULES FOR YOUNG DRIVERS

• A .02 blood alcohol concentration (BAC) earns an under-21 driver a three-month license suspension.
• Drivers under 21 who refuse a breath test face automatic three-year loss of license.

ALSO, IF A DRIVER IS UNDER 21:

• It is illegal to purchase alcohol or to have another individual buy alcohol for you.
• It is illegal to knowingly possess, transport or carry alcohol—unless accompanied by a parent or legal guardian or if transported during the course of employment for individuals 18–21.
• It is illegal to alter or falsify a driver’s license.

An under-21 driver who violates any of these three laws now earns a mandatory three-month license suspension per violation.

Federal Trafficking Penalties

DRUG/SCHEDULE	QUANTITY	PENALTIES	QUANTITY	PENALTIES
Cocaine (Schedule II)	500-4999 grams 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 $5 million if an individual, $25 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 $8 million if an individual, $50 million if not an individual.	5kgs 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 $10 million if an individual, $50 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 $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
Cocaine Base  (Schedule II)	28-279 grams mixture		280 grams or more mixture
Fentanyl (Schedule II)	40-399 grams mixture		400 grams or more mixture
Fentanyl Analogue (Schedule I)	10-99 grams mixture		100 grams or more mixture
Heroin (Schedule I)	100-999 grams mixture		1 kg or more mixture
LSD (Schedule I)	1-9 grams mixture		10 grams or more mixture
Methamphetamine (Schedule II)	5-49 grams pure or 50-499 grams mixture		50 grams or more pure or 500 grams or more mixture
PCP (Schedule II)	10-99 grams pure or  100-999 grams mixture		100 gm or more pure or 1kg or more mixture
PENALTIES
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)	Any amount	First Offense: Not more than 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 bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.
Flunitrazepam (Schedule IV)	1 gram
Other Schedule III drugs	Any amount	First Offense: Not more than 10 yrs. If death or serious injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual.
All other Schedule IV drugs	Any amount	First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.
Flunitrazepam (Schedule IV)	Other than 1 gram or more
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 4 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 (Schedule I)	1,000 kg or more marijuana mixture; or 1,000 or more marijuana plants	Not less than 10 yrs. or more than life. If death or serious bodily injury, not less that 20 yrs., or more than life. Fine not more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.	Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual.
Marijuana (Schedule I)	100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plants	Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual.	Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual.
Marijuana (Schedule I)	More than 10 kgs hashish; 50 to 99 kg marijuana mixture More than 1 kg of hashish oil; 50 to 99 marijuana plants	Not less than 20 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine $1 million if an individual, $5 million if other than an individual.	Not less than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.
Marijuana (Schedule I)	Less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) marijuana plants; 1 to 49 marijuana plants;	Not less than 5 yrs. Fine not more than $250,000, $1 million if other than an individual.	Not less than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual.
Hashish (Schedule I)	10 kg or less
Hashish Oil (Schedule I)	1 kg or less

*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and a fine up to $20 million if an individual and $75 million of other than an individual.

For the most recent and complete Federal Trafficking Penalties information, visit the Web site of the U.S. Drug Enforcement Administration at https://www.dea.gov/drug-information/drug-policy.