Tobacco, Alcohol, and Drug Policy

While AdventHealth University reserves the right to require a student to submit to a drug test for any reason, the three main reasons for drug testing are found below:

1. Suspicion or evidence of drug use by a student.

2. A student’s name is randomly chosen from a student population.

3. Required drug testing for the clinical environment.

If a student tests positive on a drug test:

1. The student will receive a letter from the Vice President for Student Services outlining the following policies and accountability items (these items must be successfully completed to continue as a student at AHU):

   1. The student will be required to complete a minimum of two sessions with the counseling center over a six-week period. Additional sessions will be at the discretion of the counselor.

   2. The student will be required to submit to unannounced drug testing for the remainder of his or her enrollment at the institution.

   3. If the student testing positive is enrolled in a professional program or working within a clinical environment, he or she will be subject to additional disciplinary actions outlined by the respective professional programs or clinical organizations. Any required reports to licensing agencies will be submitted by the appropriate liaison.

   4. A failure on any future drug test (including tests that may be required by clinical environments) will result in dismissal from AHU.

2. A student disciplinary folder will be created and filed in the office of the Vice President for Student Services. When not protected by privacy laws, all records pertaining to the performance of aforementioned accountabilities will be housed in this folder.

Students who are required to be screened because of suspicion or random selection will be charged for the drug screening only when the test results are positive. This charge will appear on the student’s statement.

Any student violation of the drug and alcohol policy is grounds for disciplinary action—up to and including permanent dismissal. However, the sale, distribution, or manufacturing of drugs will result in immediate and permanent dismissal from AdventHealth University.

Illegal drugs include such substances as opium derivatives, hallucinogens (e.g., marijuana, mescaline, peyote, LSD, psilocybin), cocaine, amphetamines, ecstasy, ketamine, codeine, heroin, morphine, and other drugs prohibited by law. This definition does not include lawfully prescribed drugs that are being taken under a physician’s care.

The use or misuse of any legally obtained substance to render oneself intoxicated or in a state of euphoria is strictly prohibited. Students found under the influence, using, manufacturing, or distributing said substances for this purpose will face disciplinary actions up to and including permanent dismissal.

Legally obtained substances are defined as natural or manufactured substances that can be obtained legally and without a prescription and when misused will render the users intoxicated. Examples are: over-the-counter medicines, bath salts, synthetic drugs, aerosols, cocktails of natural plants.

There are substantial legal sanctions pursuant to state or federal law which may be levied against students for the unlawful manufacture, distribution, possession, or use of an illicit drug, controlled substance, tobacco, or alcohol. The law often treats drug offenses as a criminal matter, punishable by substantial fines, imprisonment, or other severe sanctions.

Complete information on Florida state laws regarding illicit drugs can be found at the following site:

2009 Florida Statute, Title XLVI, Chapter 893, Florida Comprehensive Drug Abuse Prevention and Control Act (http://goo.gl/j81EA)

Under state law, it is a crime for any person to possess or distribute controlled substances or drugs as described in Section 893.03, Florida Statues, except as authorized by law. Punishment for such crimes ranges from first-degree misdemeanors (up to one-year imprisonment and up to a $1,000 fine) to first-degree felonies (up to 30 years imprisonment and up to a $10,000 fine).

Specifically, possession of less than 20 grams of marijuana is a first-degree misdemeanor punishable with imprisonment of up to one (1) year and a fine of up to $1,000. Possession of more than 20 grams of marijuana is a third-degree felony punishable with imprisonment of up to five (5) years and a fine of up to $5,000.

Possession of less than 28 grams of cocaine is a third-degree felony. Possession of more than 28 grams of cocaine is a first-degree felony punishable with imprisonment of up to 30 years and a fine of up to $250,000. The privilege of driving an automobile also may be affected if any of the above crimes are committed.

Trafficking (distribution of specific large quantities of various controlled substances) is punishable by a minimum term of imprisonment of 3 to 25 years and a fine of $25,000 to $500,000, depending on the particular illicit drug and the quantity involved. Penalties under federal law for drug trafficking generally are greater than penalties under state law.

Individuals who have been convicted of a felony involving the sale or trafficking in or conspiracy to sell or traffic in a controlled substance under certain circumstances may be disqualified from applying for state employment. Convictions on drug-related charges also may result in forfeiture of federal financial aid.

Complete information on Florida state laws regarding alcohol can be found at the following site:

2009 Florida Statute, Title XXXIV, Chapter 562, Alcoholic Beverages and Tobacco, Beverage Law: Enforcement (http://goo.gl/K0Eus)

Florida Statute 562.11 - Selling, giving, or serving alcoholic beverages to persons under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.

It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person less than 21 years of age or to permit a person less than 21 years of age to consume such beverages on the licensed premises.

It is unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or his or her agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person less than 21 years of age.

Anyone convicted of violating either of the above provisions is guilty of a second-degree misdemeanor. If a driver’s license (or an identification card issued by the Department of Highway Safety and Motor Vehicles) is used in violation of these provisions, additional penalties may be imposed, including suspension or revocation of the driver’s license.

Florida Statute 562.111 – Possession of alcoholic beverages by persons under age 21 is prohibited. It is unlawful for any person under the age of 21 years to have in her or his possession alcoholic beverages. Convicted violators of this statute are guilty of a second-degree misdemeanor. Suspension or revocation of a driver’s license may also be imposed.

Florida Statute 316.193 – Driving under the influence. A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state, and: The person is under the influence of alcoholic beverages, any chemical substance set forth in Section 877.111, or any substance controlled under Chapter 893, when affected to the extent that the person’s normal facilities are impaired; the person has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or the person has a breath alcohol level of 0.08 or more of alcohol per 210 liters of breath.

Florida Statute 316.1936 – Possession of open containers of alcoholic beverages in vehicles is prohibited. It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state. Convicted violators of this statute are guilty of a noncriminal moving traffic violation.

Florida Statute 856.015 – Open house parties. No adult having control of any residence shall allow an open house party (a social gathering at a residence) to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the adult knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. Convicted violators of this statute are guilty of a second-degree misdemeanor.

Florida Statute 856.011 – Disorderly intoxication. No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance. Convicted violators of this statute are guilty of a second-degree misdemeanor.

Florida Statue 768.125 – Liability for injury or damage resulting from intoxication. A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

Colorado State Laws Concerning Drugs*

Complete information on Colorado’s state laws regarding alcohol can be found at the following site: http://www.lexisnexis.com/hottopics/colorado/agree.htm?

Colorado Revised Statutes Title 18 Article 18 is entitled the “Uniform Controlled Substances Act.”

• It is unlawful for a person to knowingly possess a controlled substance (level 4 felony if a Schedule I drug) (18-18-403.5)
• Unlawful use of a controlled substance is a level 2 misdemeanor (CRS 18-18-404)
• Unlawful distribution of a controlled subject is illegal, and subject to varying levels of punishment (misdemeanor through felony) depending on the substance and amount distributed (CRS 18-18-405)

Regarding marijuana:

• Marijuana is included in the definition of “Controlled Substances” (CRS 18-18-102(5)).
• CSR 18-18-406 delineates the various levels of misdemeanor to felony offenses based on various quantity of marijuana being possessed, used, or distributed, respectively.
• Although marijuana still falls under the definition of a controlled substance, the legislature has enacted additional laws specifically concerning medical marijuana.

*AdventHealth University recognizes federal drug laws over those of individual state statutes. Therefore federal laws and penalties will be followed when there is discrepancies between state and federal law.

Complete information on Colorado’s state laws regarding alcohol can be found at the following site: http://www.lexisnexis.com/hottopics/colorado/agree.htm?

• CRS 12-47-901(1)(a) – It is unlawful to give or sell alcohol to anyone under the age of 21.
  • This is a Class 2 misdemeanor and can result in imprisonment between 3 and 12 months and a fine of $250-$1000 (See CRS 18-1.3-501).
• CRS 12-47-901(1)(b) – It is unlawful to obtain or attempt to obtain any alcoholic beverage by misrepresentation of age when a person is under the age of 21.
  • This is a class 2 misdemeanor and can result in imprisonment between 3 and 12 months and a fine of $250-$1000 (See CRS 18-1.3-501).
• CRS 18-13-122 – It is illegal for anyone under the age of 21 to possess or consume alcohol.
  • Conviction of a first offense may result in a fine up to $250 and up to 24 hours of community service. Conviction of a second offense may result in a fine up to $500, 24 hours of community service, and the completion of an alcohol evaluation, education program or treatment program at the defendant’s expense. Conviction of a third offense or subsequent offense is a Class 2 misdemeanor and can result in imprisonment between 3 and 12 months and a fine of $250-$1000, as well as the completion of an alcohol evaluation, education program or treatment program at the defendant’s expense.
• CRS 42-4-1301(1)(a) – It is a misdemeanor to drive a vehicle while “under the influence” of alcohol and/or one or more drugs (“DUI”).
  • CRS 42-4-1307(3) et seq. - Conviction of a first offense can result in probation, jail time between 5 days and one year, a fine of $600-$1000, and 48-120 hours of community service. Penalties can increase based on the severity of the offense and for subsequent offenses.
  • Note that .08 BAC is the legal limit but that a BAC between .05 and .08, coupled with other supporting evidence, could also lead to a conviction of a DUI. Also, a BAC less than .05 but higher than .02 can be classified as a lesser traffic infraction that results in a $100 fine, up to 24 hours of community service, and completion of an alcohol evaluation, education program or treatment at the defendant’s expense.
• CRS 42-4-1301(1)(b) – It is a misdemeanor to drive a vehicle while “impaired by” by alcohol and/or one or more drugs (“DWAI”).
  • CRS 42-4-1307(4) et seq. - Conviction of a first offense can result in probation, jail time of 2-180 days, a fine of $200-$500, and 24-48 hours of community service. Penalties can increase based on the severity of the offense and for subsequent offenses.
  • Note that .08 BAC is the legal limit but that a BAC between .05 and .08 allows a permissible inference that the defendant was impaired so that a conviction of a DWAI is more likely. Also, a BAC less than .05 but higher than .02 can be classified as a lesser traffic infraction that results in a $100 fine, up to 24 hours of community service, and completion of an alcohol evaluation, education program or treatment at the defendant’s expense.

1st Conviction: Up to 1-year imprisonment and fined at least $1,000 but not more than $100,000, or both.

After 1 prior drug conviction: At least 15 days in prison, not to exceed two (2) years and fined at least $2,500 but not more than $250,000, or both.

After 2 or more prior drug convictions: At least 90 days in prison, not to exceed three (3) years and fined at least $5,000 but not more than $250,000, or both.

Special sentencing provision for possession of crack cocaine: Mandatory at least five (5) years in prison, not to exceed twenty (20) years and fined up to $250,000, or both, if:

1. 1st conviction and the amount of crack possessed exceeds 5 grams.

2. 2nd crack conviction and the amount of crack possessed exceeds 3 grams.

3. 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853 (a)(2) and 881 (a)(7)

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1-year imprisonment. (See special sentencing provisions re: crack.)

21 U.S.C. 881 (a)(4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a

Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a

Denial of Federal Benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one (1) year for first offense, up to five (5) years for second and subsequent offenses.

18 U.S.C. 922(g)

Ineligible to receive or purchase a firearm.

More complete information on Federal Trafficking Penalties can be found at: https://www.dea.gov/druginfo/ftp3.shtml.

Revocation of certain Federal Licenses and benefits; e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

AHU Drug and Alcohol Policy will be reviewed biennially (a) to determine its effectiveness and to implement changes that may be needed; (b) to ensure that sanctions are consistently enforced, and (c) to meet the stated requirements for compliance with federal regulations.