Policy on Illegal Drugs and Alcohol
Adopted by the President August 3, 1990
Revised September 11, 1992
Subject to Change Without Notice
This Policy on Illegal Drugs and Alcohol is adopted pursuant to federal laws and because of the commitment of The University of New Mexico to an environment for the pursuit of its educational mission free of drugs and the illegal use of alcohol. Drug and alcohol abuse on campus poses a serious threat to the health and welfare of faculty, staff and students; impairs work and academic performance; jeopardizes the safety and well-being of other employees, students and members of the general public; and conflicts with the responsibility of The University of New Mexico to foster a healthy atmosphere for the pursuit of education, research and service.
This policy covers all property owned, used, leased or controlled by The University of New Mexico, or any other site where official University business is being conducted. "Controlled substances" means those substances in Schedules I through V of section 202 of the Controlled Substances Act, 21 U.S.C. 812, and implementing regulations, 21 CFR 1308.11-1308.15. Controlled substances include, but are not limited to, marijuana, cocaine (including "crack"), amphetamines, heroin, PCP, hallucinogens, and certain prescription drugs. Illegal uses of alcohol include, but are not limited to, serving, buying or drinking alcohol by a minor; assisting a minor or an intoxicated person to get alcohol; selling alcohol without a license and driving while under the influence. This policy is not intended to supersede or negate any existing policies on substance abuse, student or employee discipline, or any additional requirements imposed on The University of New Mexico or its students, faculty or staff by federal or state law.
I. Policy Statement
The unlawful manufacture, distribution, dispensing, possession or use of controlled substances or alcohol on UNM property or as part of any of its activities by any member of The University of New Mexico community--faculty, staff or student--is strictly prohibited.
As a condition of employment, all employees--faculty and staff--of The University of New Mexico shall abide by the terms of this policy. Violation of this policy shall result in disciplinary action, up to and including dismissal. For more detailed information, faculty should refer to the Faculty Handbook and / or contact the Faculty Grants and Contracts Office. Staff may refer to the University Business Policies and Procedures Manual and/or contact the Human Resources Department.
As a condition of continued registration and enrollment, any student of The University of New Mexico shall abide by this policy. Violation of this policy shall result in disciplinary action, up to and including expulsion. For more detailed information, students should refer to the Student Code of Conduct and related policies printed in the UNM Pathfinder and/or contact the Dean of Students Office.
UNM’s response to any violation of this policy may include, as a total or partial alternative to disciplinary action, a requirement that the employee or student participate satisfactorily in an approved substance abuse treatment or rehabilitation program as a condition of continued employment or registration/enrollment. Any employee engaged in the performance of work under a federal contract or grant is required, as a condition of employment, to notify his/her supervisor if he or she is convicted of a criminal drug statute violation occurring in the workplace within five days of such conviction. The supervisor shall notify the University Counsel’s Office. Failure of the employee to notify the supervisor shall be grounds for disciplinary action.
In recognition of the dangers of substance abuse in the workplace, The University of New Mexico shall maintain alcohol and drug-free awareness programs to inform members of the University community about the issues and risks of substance abuse, and about counseling, and treatment resources. The University shall assign responsibility for such awareness programs to specific administrative entities, which shall be provided sufficient resources to develop and maintain the programs. As a matter of policy, any referral, treatment, awareness or primary prevention programs established by The University of New Mexico shall play no role in enforcing or instituting possible disciplinary action.
II. Legal Sanctions for the Unlawful Possession or Distribution of Illicit Drugs and Alcohol
The penalties for even the most minor of violations of the Liquor Control Act can include fines starting at $500, confiscation of property, and imprisonment for up to eighteen months. More serious violations carry greater penalties, with larger fines and longer imprisonment.
Driving or using machinery after drinking or using drugs creates the risk that the user may injure or kill someone. This can result in homicide charges. License revocation and vehicle impoundment are also possible results of driving while under the influence of liquor or drugs. The minimum blood alcohol levels at which drivers’ licenses are revoked in New Mexico are: .02% for those under 21 and.08% for those 21 and over. All drivers in New Mexico are presumed to be intoxicated at the .08% level.
In drug-related cases a court can permanently suspend eligibility for federal benefits, including financial aid. A criminal record can seriously hurt educational and career opportunities.
Penalties for illegal drug use can include significant fines and imprisonment, Penalties for the illegal sale of drugs are greater, and may include property confiscation. Alternative penalties for illegal drug or alcohol use may also include mandatory community service. Violation of laws by a foreign national may result in deportation.
The information in Tables 1 & 2 illustrates some of the federal and state sanctions for the unlawful possession or distribution of a controlled substance under the Federal (Title 21 United States Code) and State of New Mexico (NMSA 1978, § 30-31-1 through 41) Controlled Substances Act. This information is subject to change.
FEDERAL DRUG TRAFFICKING PENALTIES (Table 1)
DRUG/ | QUANTITY | PENALTIES | QUANTITY | PENALTIES |
Cocaine | 500 – 4999 gms | First Offense: Second Offense: | 5 kgs or more mixture | First Offense: Second Offense: 2+ Prior Offenses: |
Cocaine Base (Schedule II) | 28 - 279 gms | 280 gms or more mixture | ||
Fentanyl | 40 - 399 gms | 400 gms or more mixture | ||
Fentanyl Analogue | 10 - 99 gms | 100 gms or more mixture | ||
Heroin | 100 - 999 gms | 1 kg or more mixture | ||
LSD (Schedule I) | 1- 9 gms mixture | 10 gms or more mixture | ||
Methamphetamine | 5 - 49 gms pure | 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 |
DRUG/ | QUANTITY | PENALTIES |
Other Schedule I & II | Any amount | First Offense: Not more than 20 yrs. Second Offense: Not more than 30 yrs. If death or serious injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. |
Flunitrazepam | 1 gm or more | |
Other Schedule III | 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. |
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All other Schedule IV | 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 not an individual. |
Flunitrazepam | Other than 1 gram or more | |
All schedule V drugs | Any amount | First Offense: Not more than 1 yr. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
DRUG | QUANTITY | 1ST OFFENSE | 2ND OFFENSE |
Marijuana (Schedule I) | 1,000 kg or more mixture; or 1,000 or | Not less than 10 yrs, not more than life. If death or serious injury, not less than 20 yrs, not more than life. Fine not more than $10 million if an individual, $50 million if not an individual. | Not less than 20 yrs, not |
Marijuana (Schedule I) | 100 kg - 999 kg marijuana mixture; or | Not less than 5 yrs, or more than 40 yrs. If death or serious injury, not less than 20 yrs, not more than life. Fine not more than $5 million if an individual, $25 million if not an individual. | Not less than 10 yrs, not more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if not an individual. |
Marijuana (Schedule I) | More than 10 kgs hashish; 50 – 99 kg marijuana mix. More than 1 kg of hashish oil; | Not less than 20 yrs. If death or serious bodily injury, not less than 20 yrs, not more than life. Fine $1 million if an individual, $5 million if not an individual. | Not less than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. |
Marijuana | 1 – 49 plants; less than 50 kg mixture | Not less than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual | Not less than 10 yrs. Fine $500,000 if an individual, |
NM DRUG LAWS (30-31-1 through 41 NMSA 1978) - (Table 2)III. Health Risks Associated with Use of Illicit Drugs and the Abuse of Alcohol
DRUG/SCHEDULE | OFFENSE | PENALTY |
Schedule I or Schedule II Narcotic (NMSA 1978, § 30-31-6 and7) | Trafficking (NMSA 1978, § 30-31-20) | 1st offense – 2nd degree felony, up to 9 years incarceration, fine up to $10,000 2nd offense – 1st degree felony, up to 18 years incarceration, fine up to $15,000 |
Schedule I, II (other than narcotics), III or IV controlled substance OR a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug or methamphetamine, its salts, isomers and salts of isomers (NMSA 1978, § 30-31-22; NMSA 1978, § 30-31-6 through10) | Distribution or possession with intent to distribute (NMSA 1978, § 30-31-22) | 1st offense – 3rd degree felony (3 years incarceration, 6 years incarceration if felony results in death of a human), fine up to $5,000
2nd offense – 2nd degree felony (9 years incarceration, 15 years incarceration if felony results in death of a human; NMSA 31-18-15), fine up to $10,000 |
Schedule V or a controlled substance analog of a controlled substance enumerated in Schedule V | Distribution or possession with intent to distribute (NMSA 1978, § 30-31-22) | 4th degree felony (18 months incarceration; NMSA 31-18-15) fine up to $5,000 |
Gamma hydroxybutyric acid or flunitrazepam | Distribution to another person without that person's knowledge and with intent to commit a crime against that person, including criminal sexual penetration (NMSA 1978, § 30-31-22). | 1st offense – 3rd degree felony (3 years incarceration, 6 years incarceration if felony results in death of a human), fine up to $5,000
2nd offense – 2nd degree felony (9 years incarceration, 15 years incarceration if felony results in death of a human; NMSA 31-18-15), fine up to $10,000 |
Excessive alcohol consumption and abuse of illicit drugs can lead to certain types of cancer, pathological changes in the liver, brain, heart and muscle which can lead to disability and death, addiction, birth defects, shortened life span, stomach ulcers, phlebitis, varicose veins, and other health problems. Alcohol and drugs are also a major factor in homicides, assaults, rapes, suicide, family and date violence. Alcohol is significantly involved in all types of accidents--motor vehicle, home, industrial, and recreational. Unintended pregnancies and sexually transmitted diseases are often associated with alcohol or other drug abuse, as well as relationship, academic or work problems.
For more information about the possible effects and health risks associated with the use of illicit drugs and alcohol, contact the Student Health Center Health Education Program (277-7947) or the UNM Campus Office of Substance Abuse Prevention (277-2795). The following chart (figure 3) lists the possible effects and health risks associated with the use of illicit drugs and controlled substances.
IV. Campus Resources for Substance Abuse Problems
Campus Resources for Faculty and Staff
If you are concerned about your own, an employee’s or a colleague’s alcohol or drug use, contact the CARS program. The intent of CARS is not to intrude into the private lives of University employees, but rather to provide services for those who choose to request help with their problems. Your contact with CARS is confidential within the limits of applicable law and ethical guidelines. Individual assessments, short-term counseling, consultation and referrals are available. CARS also offers presentations on a variety of topics, voluntary mediation services, group crisis intervention, and team building.
C.A.R.S. ( Counseling, Assistance & Referral Service) 272-6868.
University Hospital employees may contact C.A.R.S. directly (272-6868) or call Human Resources (272-0942) for information about available counseling & referral resources.
Campus Resources for Students
If you are concerned about the alcohol or other drug use of yourself or another, please contact the Student Health Center or the Campus Office of Substance Abuse Prevention. Confidential consultants, individual assessments and education are available.
Student Health and Counseling (Counseling Services) - 277-3136
Campus Office of Substance Abuse Prevention - 277-2795
Other Campus and Community Resources
AGORA Crisis Center - 277-3013
NM Council on Alcoholism and Drug Dependence - 256-8300
(for intervention services and information on community treatment resources and recovery groups, e.g., AA, ACOA, Al-Anon, Rational Recovery, Women for Sobriety)
Suicide Prevention Emergency Service (24 hours) - 247-1121
University Hospital Emergency Dept. - 272-2411
UNM Center on Alcoholism, Substance use And Addictions (CASAA) (CASAA) - 925-2300
UNM Department of Psychology Clinic - 277-5164
UNM Employee Health Promotion Program - 272-4460
UNM Employee Occupational Health Services - 272-2517
UNM Mental Health Center, Crisis Unit - 272-2800
UNM Women’s Resource Center - 277-3716
