Applicable Legal Sanctions

• Oklahoma law (§37-241.): Any person who willfully furnishes alcohol to a minor will be guilty of a misdemeanor for a first violation and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment.
• Oklahoma Law (§37-246): Any minor in possession shall be guilty, upon conviction, of a misdemeanor and punished by a fine not to exceed Three Hundred Dollars ($300.00) or ordered to perform community service not to exceed thirty (30) hours, or both such fine and community service. In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.
• Social host laws were passed and implemented in 2011. HB 1211 states that No person shall knowingly and willfully permit any individual under twenty-one (21) years of age …to possess or consume any alcoholic beverage… any low-point beer… any controlled dangerous substance… or any combination thereof. HB 1211 has a sliding scale from a misdemeanor conviction and fines for first-time offenders of $500 or less to a felony conviction, fines up to $2,500 and jail time of up to five years for repeat offenders. Also, any convicted Social Host can be convicted of a felony; pay the top fines and serve jail time in addition to those already assessed if “great bodily injury or the death of a person” occurs.

The Federal Uniform Drinking Age Act of 1984 sets the minimum legal drinking age to 21 and every State abides by that standard.

Federal Trafficking Penalties* for Schedules I, II, III, IV, and V (except Marijuana)

For the substances/schedules and amounts:

• Cocaine (Schedule II): 500-4999 g mixture
• Cocaine Base (Schedule II): 28-279 g mixture
• Fentanyl (Schedule IV): 40-399 g mixture
• Fentanyl Analogue (Schedule I): 10-99 g mixture
• Heroin (Schedule I): 100-999 g mixture
• LSD (Schedule I): 1-9 g mixture
• Methamphetamine (Schedule II): 5-49 g pure or 50-499 g mixture
• PCP (Schedule II): 10-99 g pure or 100-999 gm mixture

The penalties are:

• First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years 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 years, 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.

For the substances/schedules and larger amounts:

• Cocaine (Schedule II): 5 kgs or more mixture
• Cocaine Base (Schedule II): 280 g or more mixture
• Fentanyl (Schedule IV): 400 g or more mixture
• Fentanyl Analogue (Schedule I): 100 g or more mixture
• Heroin (Schedule I): 1 kg or more mixture
• LSD (Schedule I): 10 g or more mixture
• Methamphetamine (Schedule II): 50 g more pure or 500 g or more mixture
• PCP (Schedule II): 100 g or more pure or 1 kg or more mixture

The penalties are:

• First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, 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 years, 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.

For the substances/schedules and amounts:

• Other Schedule I and II Substances (and any substance product containing Gamma Hydroxybutyric Acid): any amount
• Flunitrazepam (Schedule I): 1 g

The penalties are:

• First Offense: Not more than 20 years. If death or serious injury, not less than 20 years, or more than life. Fine $1 million if an individual, $5 million if not an individual.
• Second Offense: Not more than 30 years. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual.

For Other Schedule III Substances in any amount, the penalties are:

• First Offense: Not more than 10 years. if death or serious bodily injury, not more than 15 years. ine not more than $500,000 if an individual, $2.5 million if not an individual.
• Second Offense: Not more than 20 years. If death or serious bodily injury, not more than 30 years. Fine not more than $1 million if an individual, $5 million if not an individual.

For Other Schedule IV Substances (except for 1 g or more of Flunitrazepam) in any amount, the penalties are:

• First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
• Second Offense: Not more than 10 ears. Fine not more than $500,000 if an individual, $2 million if not an individual.

For All Schedule V Substances in any amount, the penalties are:

• First Offense: Not more than 1 year. Fine not more than $100,000 if an individual, $250,000 if not an individual.
• Second Offense: Not more than 4 years. Fine not more than $200,000 if an individual, $500,000 if not an individual.

* Source: US department of Education, Federal Student Aid

Further information on Oklahoma State laws regarding Alcohol is found at the Oklahoma State Legislature web page: http://www.oklegislature.gov/

The US Drug Enforcement Administration provides detailed information on the many laws governing controlled dangerous substances. More information available on at web page: https://www.dea.gov/index.shtml

The University may refer individuals to applicable local, state, or federal law enforcement authorities for prosecution. Any student who is convicted under a criminal drug statute for a violation occurring in any campus-owned or leased facility must notify the University within five working days of the conviction. Within ten working days, Oklahoma City University is required to notify the Department of Education of the disciplinary action. Within thirty days, the University will take appropriate disciplinary action. Any questions concerning this policy may be directed to the Vice President for Student Affairs.

Conviction for an offense under any federal or state law involving the possession or sale of illegal drugs that occurred during a period of enrollment when a student was receiving federal financial aid (grant, loan, or work assistance under Title IV), can affect the student’s eligibility for federal student aid for a period of time:

Students convicted of both possession and sale will be ineligible for the longer of the two periods.

A student whose eligibility is suspended as a result of penalties under section 484(r) of the Higher Education Act will be provided written notice of the loss of eligibility and advised of the ways in which eligibility can be regained. The student may resume eligibility prior to the end of the ineligibility period by completing a qualified drug rehabilitation program that includes two unannounced drug tests.

Effect of Drug Law Violations on Financial Aid

A student who is convicted of a state or federal offense involving the possession or sale of an illegal drug that occurred while the student is enrolled in school and receiving Title IV aid is not eligible for Title IV funds. A borrower’s eligibility is based on the student’s self-certification on the Free Application for Federal Student Aid (FAFSA). Students with eligibility issues as determined by the Department of Education are notified via their Student Aid Report and are directed to contact the Department of Education for a year-specific Worksheet to determine eligibility for federal student aid. Convictions that are reversed, set aside, or removed from the student’s record, or a determination arising from a juvenile court proceeding do not affect eligibility and do not need to be reported by the student.