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Introduction | Standards of Conduct | Wisconsin
& Federal legal sanctions | Summary of
Health Effects |
Resources for Drug and Alchol Abuse | Federal Penalties and Sanctions | Other Resources
The University of Wisconsin Oshkosh recognizes that the abuse of
alcohol and other drugs is of serious concern to the University community because it can
interfere with the education of students and the job performance of faculty and other
staff members. The University is committed to providing education about the responsible
use of alcohol and about the misuse and abuse of alcohol and other drugs on all segments
of society. This issue is of importance to all members of our community and all faculty,
staff and students are encouraged to become familiar with this information
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The University of Wisconsin System and University of Wisconsin
Oshkosh prohibit the unlawful possession, use, distribution, manufacture or dispensing of
illicit drugs and alcohol by students and employees on university property or as part of
university activities.
The use or possession of alcoholic beverages is prohibited on
university premises, except in faculty and staff housing and as expressly permitted by the
chief administrative officer or under institutional regulations, in accordance with s. UWS
18.06(13)(a), Wis. Adm. Code. Without exception, alcohol consumption and procurement are
governed by Wisconsin statutory age restrictions under s. UWS 18.06(13)(b), Wis. Adm.
Code.
The unlawful use, possession, distribution, manufacture or
dispensing of illicit drugs ("controlled substances" as defined in ch. 961, Wis.
Stats.) is prohibited in accordance with s. UWS 18. 10(1), Wis. Adm. Code.
Violation of these provisions by a student may lead to the
imposition of a disciplinary sanction, up to and including suspension or expulsion, under
s. UWS 17.03(1)(b), Wis. Adm. Code. University employees are also subject to disciplinary
sanctions for violation of these provisions occurring on university property or the
worksite or during work time, up to and including termination from employment.
Disciplinary sanctions are initiated and imposed in accordance with applicable procedural
requirements and work rules, as set forth in Wisconsin statutes, administrative rules,
faculty and academic staff policies, and collective bargaining agreements. Referral for
prosecution under criminal law is also possible. Further, violations of ss. UWS 18.06(13)
and 18.10(1), Wis. Adm. Code may result in additional penalties as allowed under ch. UWS
18, Wis. Adm. Code.
Employees who are convicted of any criminal drug statute
violation occurring in the workplace must notify their dean, director or department chair
within 5 days of the conviction if the employes are employed by the university at the time
of the conviction.
The Uniform Controlled Substances Act, Chapter 961 of the Wisconsin Statutes, regulates
controlled substances and outlines specific penalties for the violation of the
regulations. A first time conviction for possession of a controlled substance can result
in a sentence of up to one year in prison and a fine of up to $5,000. Sec. 961 .41(3g),
Stats. A person convicted of manufacturing a controlled substance, delivering a controlled
substance, or possessing a controlled substance with an intent to manufacture or deliver,
can be imprisoned for up to 30 years and fined up to $1,000,000. Secs. 961.41 ( 1 ) and (
1 m), Stats. Penalties vary according to the type of drug involved, the amount of drug
confiscated, the number of previous convictions, and the presence of any aggravating
factors. The distribution of a controlled substance to a minor can lead to the doubling of
an authorized sentence term. Section 961.46, Stats.
| Quantity |
Description |
First Offense |
Second Offense |
| 1,000 kg or more; or
1,000 or more plants |
Marijuana |
Not less than 10 years, not more than life. If death or serious injury, not less than 20 years, not more than life.
Fine not more than $4 million individual, $10 million other than
individual. |
Not less than 20 years, not more than life. If death
or serious injury, not less than life. Fine not more than
$8 million individual, $20 million other than individual. |
| 100 kg to 1,000 kg; or
100-999 plants |
Marijuana |
Not less than 5 years, not more than 40 years. If death or serious injury, not less than 20 years,not more than life.
Fine not more than $2 million individual, $5 million other than
individual. |
Not less than 10 years, not more than life.If death
or serious injury, not less than life. Fine not more than
$4 million individual, $10 million other than individual. |
| 50 to 99 kg mixture 50-99
plants |
Marijuana |
Not more than 20 years. If death or serious injury, not less than 20 years, not more than life.
Fine $1 million individual, $5 million other than individual. |
Not more than 30 years. If death or serious injury,
life. Fine $2 million individual, $10 million other than
individual. |
| Less than 50 kg mixture |
Marijuana |
Not more than 5 years. Fine not more than $250,000, $1 million other than individual. |
Not more than 10 years. Fine $500,000 individual, $2 million other than individual. |
| 10 kg or more |
Hashish |
| 1 kg or more |
Hashish Oil |
*Includes Hashish and Hashish Oil
(Marijuana is a Schedule I Controlled Substance)
|
CSA |
Penalty |
Quantity |
Drug |
| I
and
II |
2nd Offense |
1st Offense |
|
Methamephetamine |
| Not less than 10 years. Not more than life.
If death or serious injury, not less than life
Fine of not more than $4 million individual, $10 million other than individual. |
Not less than 5 years. Not more than 40 years.
If death or serious injury, not less than 20 years. Not more than life.
Fine of not more than $2 million indicidual, $5 million other than individual. |
10-99 gm or 100-999 gm mixture |
Heroin |
| 100-99 gm mixture |
Cocaine |
| 500-4,999 gm mixture |
Cocaine Base |
| 10-99 gm or 100-999 gm mixture |
PCP |
| 1-9 gm mixture |
LSD |
| 40-399 gm mixture |
Fentanyl |
| 10-99 gm mixture |
Fentanyl Analogue |
| |
|
| |
Drug |
Quantity |
First Offense |
Second Offense |
| |
Others ** |
Any |
Not more than 20 years.
If death or serious injury, not less than 20 years, not more than life. Fine $1 million
individual, $5 million not individual. |
Not more than 30 years. If death or serious injury life.
Fine $2 million indicidual, $10 million not individual. |
| III |
all (includes anabolic steroids as of 2-27-91) |
Any |
Not more than 5 years.
Fine not more than $250,000 individual, $1 Million not individual.
|
Not more than 10 years. Fine not more than $500,000
individual, $2 million not individual. |
| IV |
All |
Any |
Not more than 3 years.
Fine not more than $250,000 individual, $1 Million not individual. |
Not more than 6 years. Fine not more than $500,000
individual, $2 million not individual. |
| V |
All |
Any |
Not more than 1 year.
Fine not more than $100,000 individual, $250,00 not individual. |
Not more than 2 years. Fine not more than $200,000
individual, $500,000 not individual. |
| *Law as originally enacted states 100 gm. Congress
requested to make techncal correction to 1 kg. ** Does not include Marijuana, hashish,
or hash oil. (See separate chart.) |
Wisconsin has formidable legal sanctions that restrict the use of
alcohol in various situations. It is illegal to procure for, sell, dispense or give away
alcohol to anyone who has not reached the legal drinking age of 21 years. Sec. 125.07(1
)(a)( 1 ), Stats. Every adult has a legal obligation to prevent the illegal consumption of
alcohol on premises owned by the adult or under the adult's control. Sec. 125.07(1)(a)(3),
Stats. A first-time violator of either of the above subsections can be fined up to $500.
It is against the law for an underage person to procure or attempt to procure an alcoholic
beverage, to falsely represent his or her age for the purpose of obtaining alcohol, to
enter premises licensed to sell alcohol, or to consume or possess alcohol on licensed
premises. Sec. 125.07(4)(a), Stats. A first-time underage violator of section
125.07(4)(bs), Stats., can be fined up to $500, ordered to participate in a supervised
work program, and have their driver's license suspended.
Pursuant to federal law, the United States Sentencing Guidelines establish mandatory
minimum penalties for categories of drug offenses and provide for penalty enhancements in
specific cases. Under these federal guidelines, courts can sentence a person for up to 6
years for unlawful possession of a controlled substance, including the distribution of a
small amount (less than 250 grams) of marijuana; a sentence of life imprisonment can
result from a conviction of possession of a controlled substance that results in death or
bodily injury; and, possession of more than 5 grams of cocaine can trigger an intent to
distribute penalty of 10-16 years in prison.
The following is a partial list of drugs, and the consequences of their
use. The abuse of alcohol and the use of other drugs is detrimental to the health of the
user. Further, the use of drugs and alcohol is not conducive to an academic atmosphere.
Drugs impede the learning process and can cause disruption for other students and disturb
their academic interests. The use of alcohol or drugs in the workplace may also impede the
employee's ability to perform in a safe and effective manner, and may result in injuries
to others. Early diagnosis and treatment of drug and alcohol abuse is in the best
interests of the student, employee and the university. (For additional information
concerning the health risks associated with substances covered by the Controlled
Substances Act, refer to the chart on pages 24-25 of the U.S. Department of Justice
publication, Drugs of Abuse, 1996 edition.)
Alcohol is the most frequently abused drug on campus and in society. Alcohol is chemically
classified as a mind-altering drug because it contains ethanol and has the chemical power
to depress the action of the central nervous system. This depression affects motor
coordination, speech and vision. In great amounts, it can affect respiration and heart
rate control. Death can result when the level of blood alcohol exceeds 0.40%. Prolonged
abuse of alcohol can lead to alcoholism, malnutrition and cirrhosis.
Concerns over a growing illicit market and prevalence of abuse combined with the
possibility of long-term effects of steroid use, led Congress to place anabolic steroids
into Schedule III of the Controlled Substances Act (CSA). Although the adverse effects of
large doses of multiple anabolic steroids are not well established, there is increasing
evidence of serious health problems associated with the abuse of these agents, including
cardiovascular damage, liver damage and damage to reproductive organs. Physical side
effects include elevated blood pressure and cholesterol levels, severe acne, premature
balding, reduced sexual function and testicular atrophy. The CSA defines anabolic steroids
as any drug or hormonal substance chemically and pharmacologically related to testosterone
(other than estrogens, progestins, and corticosteroids), that promotes muscle growth.
Those commonly encountered on the illicit market include: boldenone (Equipoise),
ethylestrenol (Maxibolin), fluoxymesterone (Halotestin), methandriol, methandrosteno-lone
(Dianabol), methyltestosterone, nandrolone (Durabolin, DecaDurabolin), oxandrolone
(Anavar), oxymetholone (Anadrol), stanozolol (Winstrol), testosterone and trenbolone
(Finajet).
Three drugs that come from cannabis--marijuana, hashish, and hashish oil--are currently
distributed on the U.S. illicit market. These drugs are deleterious to the health and
impair the short-term memory and comprehension of the user. When used, they alter the
sense of time and reduce the ability of the user to perform tasks requiring concentration
and coordination. They also increase the heart rate and appetite. Motivation and cognition
can be altered, making acquisition and retaining of new information difficult. Long-term
users may develop psychological dependence that can produce paranoia and psychoses.
Because cannabis products are usually inhaled as unfiltered smoke, they are damaging to
the lungs and pulmonary system and have more cancer-causing agents than tobacco.
Depressants produce central nervous system depression. Depressants (i.e., barbiturates,
benzodiazepines, glutethimide, methaqualone, and meprobamate) can cause physical and
psychological dependence that can lead to respiratory depression, coma and death,
especially when used in concert with alcohol. Withdrawal can lead to restlessness,
insomnia, convulsions and even death. Chloral hydrate, a hypnotic depressant, and alcohol
constitute the infamous date rape drug or "Mickey Finn."
LSD, PCP, mescaline and peyote are classified as hallucinogens. Hallucinogens interrupt
the brain messages that control the intellect and keep instincts in check. Large doses can
produce convulsions and coma, heart and lung failure. Chronic users complain of persistent
memory problems and speech difficulties for up to a year after their use. Because the drug
stops the brain's pain sensors, drug experiences may result in severe self-inflicted
injuries. Persistent memory problems and speech difficulties may linger.
The term narcotic derives from the Greek work for stupor. Narcotic use is associated with
a variety of unwanted effects including drowsiness, inability to concentrate, apathy,
lessened physical activity, constriction of the pupils, dilation of the subcutaneous blood
vessels causing flushing of the face and neck, constipation, nausea and vomiting and, most
significantly, respiratory depression. With repeated use of narcotics, tolerance and
dependence develop. Users of narcotics, such as heroin, codeine, morphine, and opium, are
susceptible to overdose that can lead to convulsions, coma and death.
Cocaine is the most potent stimulant of natural origin. "Crack" is the chunk
form of cocaine that is a ready-to-use freebase. These drugs stimulate the central nervous
system and are extremely addictive. They can cause psychological and physical dependency
which can lead to dilated pupils, increased pulse rate, elevated blood pressure, insomnia,
loss of appetite, paranoia, and seizures. They can also cause death by disrupting the
brain's control of the heart and respiration.
The use of amphetamines and other stimulants can have the same effect
as cocaine and cause increased heart rates and blood pressure that can result in a stroke
or heart failure. Symptoms include dizziness, sleeplessness, and anxiety. They can also
lead to hallucinations, paranoia, psychosis, and even a physical collapse.
Nicotine is highly addictive stimulant, whether ingested by smoking or
chewing. This drug hits the brain in six seconds, and damages the lungs, decreases heart
strength, and is associated with many types of cancers. The withdrawal symptoms include
anxiety, progressive restlessness, irritability, and sleep disturbance.
A biennial review of our programs has been conducted. The review was
done to determine the effectiveness of our programs, where changes may need to be made,
and to ensure that sanctions imposed on violators are consistently enforced.
Employees who have problems with alcohol or controlled
substance are encouraged to voluntarily contact their Employee Assistance
Program (EAP) coordinator for referral to counseling or treatment programs.
Voluntary contacts with the EAP coordinator may remain confidential. The
UW Oshkosh EAP Director can be reached at
424-2061.
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21 U.S.C. 844(a) 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 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 3
years and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5
years in prison, not to exceed 20 years and fined up to $250,000 or both, if: (a) 1st
conviction and the amount of crack possessed exceeds 5 grams. (b) 2nd crack conviction and
the amount of crack possessed exceeds 3 grams; or (c) 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 I year imprisonment. (See special sentencing
provisions re: crack, above.)
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.
2 l U.S.C. 862 Denial of Federal benefits, such as student
loans, grants, contracts, and professional and commercial licenses, up to 1 year for first
offense, up to 5 years for second and subsequent offenses.
18 U.S.C. 922(g) Ineligible to purchase, receive, or transport a
firearm.
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.
The Controlled Substances Act (CSA), Title II of the Comprehensive Drug
Abuse Prevention and Control Act of 1970, is a consolidation of numerous federal laws
regulating the manufacture and distribution of controlled substances. The CSA places all
controlled substances into one of five schedules, depending upon the substance's medical
use, potential for abuse, and safety or dependence liability. The CSA provides penalties
for the unlawful manufacturing and distribution of controlled substances. The charts on
pages 8-9 of the U.S. Department of Justice publication, Drugs of Abuse, 1996 Edition,
provide an overview of the penalties for trafficking of controlled substances. |
Students who have problems with alcohol or controlled substances are
encouraged to voluntarily contact the Dean of Students Office for referral to counseling
or treatment programs. Voluntary contacts with Dean of Students Office personnel may
remain confidential. The UW Oshkosh Dean of Students Office is located 125 Dempsey Hall,
and their telephone number is 424-3100.
The Wisconsin Department of Health and Social Services, through its
Division of Community Services, publishes a comprehensive pamphlet listing facilities
around the state that provide treatment for drug and alcohol addiction. To obtain a copy
of this pamphlet, entitled "Wisconsin Alcohol and Drug Abuse Services
Directory," contact the Wisconsin Clearinghouse at 800-248-9244, or write to the
following address:
Wisconsin Clearinghouse
University Health Services
1552 University Avenue
Madison, WI 53726-4085
As part of the University Health Services at the University of
Wisconsin Madison, the mission of the Wisconsin Clearinghouse is to help schools,
families, and communities to lead healthy and productive lives. The Wisconsin
Clearinghouse has been disseminating information and providing alcohol and drug abuse
prevention products and services nationally and state-wide for more than 20 years.
The Wisconsin Clearinghouse publishes a sales catalog that lists more
than 300 alcohol and drug abuse awareness and prevention materials (i.e., videotapes,
software, curricula, activity books, pamphlets, and posters). If you'd like to receive a
free catalog by mail, call the Wisconsin Clearinghouse at 800-248-9244, or e-mail your
request to: wchpr@www.uhs.wisc.edu
The Prevention Resources Center is a statewide program of the Wisconsin
Clearinghouse that provides an array of services to non-profit, private and public sector
organizations and educators throughout Wisconsin. Services include disseminating alcohol
and drug abuse awareness and prevention-related materials, lending curricula, videos and
books, and providing technical assistance in such areas as grant writing and program
evaluation. Staff also present ideas and information at conferences and workshops. The
Wisconsin Clearinghouse also mails the "Prevention Package" to more than 500
sites, providing information on new publications, successful programs, and a calendar of
upcoming conferences and training events. The "Prevention Outlook" newsletter is
also published, with up-to-date articles on important issues in the prevention field.
| Alcohol & Drug Abuse Education Coordinator |
125 Dempsey Hall |
424-3100 |
| The Gathering Place |
620 Elmwood |
231-1168 |
| Counseling Center |
201 Dempsey |
424-2061 |
| Dean of Students |
125 Dempsey |
424-3100 |
| Employee Assistance Program |
201 Dempsey |
424-2061 |
| Health Center |
1st Flr., Radford Hall |
424-2424 |
| The Living Health Community Clinic |
510 Dr's Court |
424-1242 |
| Polk Library/Learning Resource |
Information Desk |
424-4333 |
| Multicultural Center |
MEC |
424-1246 |
| Student Health Center |
Radford Hall |
424-2424 |
| Human Resources |
328 Dempsey |
424-1166 |
| Residence Life Department |
2nd Flr., So. Gruenhagen |
424-3212 |
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Click here for the chart for
"Controlled Substances uses and Effects".
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