The Federal Drug Free Schools and Communities Act

(Amendment of 1989)

Purpose

The use of illicit drugs and alcohol at Westfield State University, on University property, or at University activities impairs the safety and health of students and employees, inhibits the personal growth of students, lowers the productivity and quality of work performed by employees and undermines the public’s confidence in the University. Only in an environment free of substance abuse can Westfield State University fulfill its mission of developing the professional, social, cultural, and intellectual potential of each member of this community.

The Higher Education Amendments of 1998 require that as a condition of receiving funds or any form of financial assistance under any Federal program, an institution of Higher Education… must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol by students and employees.

The information that follows outlines the standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or as any part of University activities, and describes the applicable legal sanctions, associated health risks and support programs and services available to employees and students.

All members of this community - faculty, staff, and students - are urged to carefully and seriously reflect on their personal responsibility to remain drug free, and further, to demonstrate care and concern for others through timely intervention, support, and referral.

Alcohol

A. Alcohol’s Effects on the Body

Short-Term Health Risks:  Excessive alcohol use has immediate effects that increase the risk of many harmful health conditions. These are most often the result of binge drinking and include the following: 

Long-Term Health Risks:  Over time, excessive alcohol use can lead to the development of chronic diseases and other serious problems including:

B. Blood Alcohol Concentration (BAC)

Blood Alcohol Concentration (BAC) refers to the amount of alcohol in an individual’s bloodstream. A person’s size, gender, weight, fat content, and amount of food in the stomach will affect the absorption of alcohol in the bloodstream. The liver is primarily responsible for alcohol leaving the bloodstream.  The liver filters about one drink per hour out of the bloodstream. 

Remember just one drink can impair your skills and judgment.  It is risky to operate any machinery or engage in any activity that requires concentration and alterness after drinking any amount of alcohol.  The following chart can help you estimate Blood Alcohol Concentration. 

C. City of Westfield Ordinances About Alcohol

D. Driving Under the Influence (of alcohol, marijuana, narcotics, depressants, stimulants or glue vapors) (DUI) in Massachusetts

†Information obtained from M.G.L.A. c.90 §24, 24P.

†Massachusetts law provides that by driving on a public road, a driver has implicitly consented to a chemical analysis of their breath or blood, which is why you can be penalized for refusing the test without ever being convicted of drunk driving.

1. In addition to the above penalties for a conviction, one who is convicted, placed on probation, or is granted a continuance without a finding or otherwise pleads guilty to facts sufficient to convict for driving under the influence may also be assessed up to a $250 fee and a mandatory $50 fee. M.G.L.A. c.90 §24.
2. Once convicted you may also be ordered to participate in a driver education program, drug treatment program, drug rehabilitation program, or any combination of the three. Costs for these programs may also be your responsibility. M.G.L.A. c.90 §24.  If a BAC of .20 or greater is admitted into evidence, the offender is subject to mandatory inpatient treatment and a mandatory outpatient evaluation (and for the costs of both).  M.G.L.A. c. 90 §24Q.
3. After being convicted of a DUI you will be required to install and maintain an “ignition interlock device” on any vehicle you drive for a duration of two years after you regain any privilege to drive. Your privilege to drive can be revoked through an administrative Registry hearing up to life if you: disconnect the device; fail to maintain it or have it inspected or monitored; or if the device records a BAC above .02. M.G.L.A. c. 90 § 24 1/2.
4. If you let someone drive a vehicle under your control that is not equipped with an ignition interlock device and you know that such person has an ignition interlock device restricted license, you will be subject to one year in jail and/or a fine of up to $500 for a first offense; up to 2 1/2 years in jail and/or a fine of up to $1,000 for a second offense. In addition, the Registrar of Motor Vehicles may suspend your vehicle registration or driver’s license for up to one year for a first or second offense. M.G.L.A. c. 90 §12.
5. Tampering with an ignition interlock device can draw a jail sentence of six months to five years. M.G.L.A. c. 90 Section 24T. Breathing into an ignition interlock device for a person whose license is so restricted for the purpose of providing that person with an operable motor vehicle will be punished by a fine of $1,000 to $5,000 or by a jail sentence of 6 months to five years. M.G.L.A. c. 90 §24U.
6. If your license has been suspended or revoked because of a DUI and you are convicted of operating a motor vehicle while your license has been suspended or revoked, you will be subject to a fine of $2,500-$10,000 and a mandatory jail term of at least one year and up to 2 1/2 years (no early release for good time served, furlough, probation or parole until at least one full year has been served). If charged with this offense, a court is not free to reduce these penalties or to continue your case without a finding. M.G.L.A. c. 90 §23.

E. Other Massachusetts Laws Pertaining to Alcohol

1. Providing Alcohol to Persons Under 21 Years Old - Providing alcohol to persons under 21 years old is punishable by a fine of $2,000, up to one year in prison, or both. (M.G.L.A. c. 138 §34)
2. Persons Under 21 Years Old Purchasing or Procuring Alcohol - Persons Under 21 years old who purchase, attempt to purchase alcohol, make arrangements with another to purchase or procure alcohol, misrepresents his age, alters or falsifies his ID with intent to purchase alcohol shall be punished by a fine of $300. A conviction of this crime will result in a driver’s license suspension of 180 days. (M.G.L.A. c.138 §34A)
3. Requirements of Persons in Licensed Alcohol Establishments - Persons in licensed alcohol establishments, upon request by an official, must state your correct name, age, and address or may be fined up to $500. Persons making, carrying, using, or selling altered or forged identification, using the legitimate ID of another or furnishing false information to obtain such identification may be punished by a fine of $200 or incarceration for up to three months. (M.G.L.A. c. 138 §34B). Alternatively, if the Registrar of Motor Vehicles merely has “reasonable belief” that someone has violated any of the above; your license can be suspended for up to six months.
4. Altering of Forging a Driver’s License - Whoever alters, forges, or steals a driver’s license shall be punished by a fine of up to $500 or by incarceration of up to five years. A conviction of this crime will result in a license suspension of one year. A more likely scenario is that your case will be referred to the Registry of Motor Vehicles for an administrative hearing at which your license can be suspended for up to six months if the hearing officer reasonably believes you are responsible. (M.G.L.A. c. 90 §24B)
5. Minor in Possession of Alcohol - Any person under 21 years of age who knowingly possesses, carries, or transports alcohol shall be punished by a fine of $50 for a first offense and $150 for any subsequent offense. A conviction of this crime will result in a driver’s license suspension of 90 days. (M.G.L.A. c. 138 §34C)
6. Transport of Alcohol - Whoever knowingly transports more than a personal limit of 20 gallons of malt beverages, or 3 gallons of any other alcoholic beverage, or 1 gallon of alcohol or its equivalent shall be punished by a fine of up to $2,500, or up to 6 months incarceration or both. (M.G.L.A. c. 138 §22)
7. Open Containers in Motor Vehicles - Whoever possesses an open container of alcohol in the passenger area of any motor vehicle shall be fined $100 to $500. (M.G.L.A. c. 90 §241)

F. Federal Alcohol Laws

1. Manufacture or Import of Alcohol - It is unlawful to manufacture, produce, or import intoxicating liquors without a permit.  Violators will be fined up to $1,000 for each offense.  27 U.S.C.A. §§203, 207. 

Other Drugs

A. Health Risks

1. Tobacco and E-Cigarettes - Tobacco use is the leading preventable cause of disease, disability, and death in the United States -about 1 in every 5 U.S. deaths-and an additional 16 million people suffer with a serious illness caused by smoking. In fact, for every one person who dies from smoking, about 30 more suffer from at least one serious tobacco-related illness.  Almost 41,000 nonsmokers die from diseases caused by secondhand smoke exposure.Although they do not produce tobacco smoke, e-cigarettes still contain nicotine and other potentially harmful chemicals. Nicotine is a highly addictive drug, and recent research suggests nicotine exposure may also prime the brain to become addicted to other substances. Also, testing of some e-cigarette products found the vapor to contain known carcinogens and toxic chemicals (such as formaldehyde and acetaldehyde), as well as potentially toxic metal nanoparticles from the vaporizing mechanism. The health consequences of repeated exposure to these chemicals are not yet clear.Another worry is the refillable cartridges used by some e-cigarettes. Users may expose themselves to potentially toxic levels of nicotine when refilling them. Cartridges could also be filled with substances other than nicotine, thus possibly serving as a new and potentially dangerous way to deliver other drugs
2. Marijuana - Marijuana is psychologically and physiologically addictive, contains four times as much cancer causing tar as one cigarette and is four to twenty times stronger than the marijuana from the 1960’s. Marijuana contains 426 known chemicals in its smoke and has been linked to lung disease, cancer, genetic damage, lowered immunity, and impaired physical and psychological development.  Important discoveries in recent years include marijuana’s ability to exacerbate existing mental health problems and marijuana’s ability to significantly lower IQ with continued and regular use.  Compared to nonusers, heavy marijuana users more often report the following:  lower life satisfaction; poorer mental health; poorer physical health; more relationship problems.  Users also report less academic and career success. For example, marijuana use is linked to a higher likelihood of dropping out of school.   It is also linked to more job absences, accidents, and injuries.
3. Steroids - Steroids are used by some athletes to increase their body’s performance.  Although performance is temporarily increased, the side effects are very harmful to the body. Long-term effects include heart, liver, and kidney trouble, high blood pressure, diabetes, poor healing after an injury, muscle and tendon tears, and psychological problems with aggression and depression. Short-term effects include impotence, balding, acne, psychological problems, and decreased hormones. Steroids may temporarily enlarge the body muscle, but without constant use and exercise, the muscles will decrease quickly.
4. Cocaine - Cocaine, a stimulant to the central nervous system, is a very addictive drug that has increased in use in the United States. The odorless, white powder from the coca plant comes in various forms. One of the most popular is crack, a cheaper form of the drug. Cocaine creates a high in the user, which causes alertness, excitement, talkativeness, overconfidence, and a lessened need for sleep. After the high, the “crash” occurs including depression, restlessness, anxiety, and impaired concentration. Repeated use of cocaine will lead to addiction and other complications, which may include heart failure, family, and financial problems.
5. Heroin - Heroin is a derivative of the opium poppy.  Like other opiates, heroin decreases heart rate and breathing.  For this reason it is a dangerous mix with alcohol, which also decreases heart rate and breathing.  When taken in excess, heroin can lower blood pressure to dangerous levels.  The high produced by heroin has the effects of euphoria and pain numbing.  When a user withdraws from heroin they may experience hypersensitivity to physical and emotional pain, and experience muscle cramping, and nausea.  Heroin, like cocaine, is both physically and psychologically addictive.  Heroin has appeared on the street in increasing purity, causing unsuspecting user to inadvertently overdose.
6. Hallucinogens - Hallucinogens are a class of drugs that produce profound psychoactive effects, including profound alterations in sensation, mood and consciousness that may involve senses of hearing, touch, smell or taste, as well as visual experiences that depart from reality. Some hallucinogens include LSD, mescaline, mushrooms, PCP, and MDMA (Ecstasy). Some hallucinogens possess amphetamine or cocaine-like qualities and in addition to hallucinations, produce stimulant effects on the body. These hallucinogens can produce psychological problems that include confusion, depression, sleep problems, drug craving, severe anxiety, and paranoia. Psychotic episodes have been reported. Increased heart rate, blood pressure, muscle tension, involuntary teeth clenching, nausea, blurred vision, rapid eye movement, sweating, and chills are some of the physical effects. The long-term effects of hallucinogens tend to be unpredictable. Users of hallucinogens build tolerance requiring that they take more of the drug to achieve the same effects. Some of the hallucinogens have been known to induce long-term or permanent psychosis. Risk of accidental injury or death is greatly increased with hallucinogen use.
7. Prescription Drugs - Legal, easily obtainable, prescription drugs are often first abused drugs.  Stimulants are the most commonly abused prescription drugs among college students.  Similar to cocaine, these powerful stimulants such as Adderal and Ritalin are responsible for increased blood pressure and potential stroke and/or seizure.  Painkillers are another class of abused prescription drugs.  Some of the more potent painkillers or opiates include morphine and Oxycontin or Oxycodon.  The effects of these drugs are similar to heroin.  Tranquilizers and sedatives are both depressants that dull the central nervous system.  Even in small amounts, these drugs slow reaction time, decrease eye-hand coordination and interfere with judgment.  Alcohol greatly increases the effects and can cause a potentially dangerous overdose.  Medical providers consider a person’s medical condition and history prior to prescribing these drugs.  People respond differently to prescription drugs.  What is safe for one person may not be for another. 

Drug Laws

B. Massachusetts Drug Laws

1. Involving Minors in Drug Sale or Distribution - A person who knowingly causes, induces, or abets a person under the age of eighteen to distribute or dispense any controlled substance or to accept, deliver, or possess money used or intended for procurement, manufacture, distribution…of any controlled substance shall be punished by five (5) to fifteen (15) years in state prison and a fine of $1,000 to $100,000. Minimum five (5) years imprisonment is mandatory. (Refer to chapter 94C, section 32K of Massachusetts General Law.). Trafficking and sale to minors carry much stiffer penalties in terms of imprisonment and fines (Massachusetts General Law, chapter 94C, section 32E & F).
2. Simple Possession - The penalties for possession of the substances outlined in Massachusetts General Law, chapter 94C, section 34 are punishable by one (1) year or less of imprisonment or by a fine of not more than $1,000 or both. Possession of heroin is punishable by two (2) years or less in a house of correction or by a fine of not more than $2,000 or both for the first offense. Possession of marijuana or a Class E substance is punishable by not more than six (6) months in a house of correction or a $500 fine or both. Possession of all other controlled substances is punishable by up to one year incarceration or a fine of $1,000 or both. M.G.L.A. c.94C Section 34.

Distribution or Trafficking in Illegal Substances

*Refer to M.G.L.A.  chapter 94C, section 31 for a description of drug classes.  The exception is that special rules for distribution and trafficking have been crafted specifically for marijuana (see M.G.L.A. c. 94C, §32E)

3. Marijuana (decriminalized, but still illegal for those under 21 years old) - Possession of less than one ounce of marijuana is now punishable in Massachusetts by a civil fine rather than a criminal penalty. Cities and towns may impose additional penalties for the public consumption of marijuana or THC. M.G.L.A. c. 94C Section 32L. Those 18 to 21 years of age when cited for possession of less than one ounce of marijuana must also complete a drug awareness program. M.G.L.A. c. 94C Section 32M. 

C. Federal Drug Laws

1. Federal Trafficking and Manufacturing Penalties - Federal penalties for possession with intent to manufacture, sell, dispense, or distribute a controlled substance including heroin, cocaine, PCP, LSD, Fentanyl, marijuana (in useable form or actual plants), methamphetamine are (see chart on following page):

*Amounts vary by specific drug. See 21 U.S.C. §841 for exact amounts for each drug and full listing of drugs included in this statute. Penalties for attempt or conspiracy to traffic or manufacture are the same as above: See 21 U.S.C. §846.2.

2. Distribution to Persons Under 21 Years Old - Anyone who is eighteen years old or older who distributes to anyone who is under twenty-one years old is subject to two times the first offense penalties listed above for a first offense; subject to three times the first offense penalties listed above for second or subsequent offenses. See 21 U.S.C. §859.
3. Manufacture or Distribution Within 1,000 Feet of a School, College, Playground or Within 100 Feet of a Public or Private Youth Center, Public Swimming Pool, or Video Arcade Facility - Anyone who manufactures or distributes within 1,000 feet of a school, University, playground or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility will be subject to two times the first offense penalties listed above for a first offense; subject to three times the first offense penalties listed above for a second or subsequent offense. 21 U.S.C. §860.  Employing children to distribute near schools or playgrounds is subject to three times the first offense penalties listed above. See 21 U.S.C. §860.
4. Prohibition on Internet Sales of Date Rape Drugs - Anyone who knowingly or intentionally sells date rape drugs (GHB, Ketamine, etc.) over the internet for an illegal sexual purpose shall be fined, imprisoned up to 20 years or both. 21 U.S.C. §841.
5. Illegal Simple Possession of Pharmaceutical Drugs or Street Drugs - Anyone found in simple possession will be subject to up to one year incarceration and $1,000 fine for a first offense; up to two years incarceration and $2,500 fine for a second offense; and up to three years incarceration and $5,000 fine for a third or subsequent offense.   NOTE:  This statute also prohibits the purchase of more than 9 grams of ephedrine or pseudoephedrine (certain antihistamines) base within a 30 day period.  See 21 U.S.C. §844.
6. Maintaining a Drug Involved Premises - It is unlawful to open, rent, lease, use, maintain, manage, or own a place, whether temporarily or permanently, for the purpose of manufacturing, distributing or using controlled substances. Penalties for violation of this law are up to 20 years incarceration or a fine of up to $500,000 or both; a fine of up to $2,000,000 for a company, corporation, etc. One who violates this law may also be subject to civil penalties limited to the greater of $250,000 or two times the gross receipts. See 21 U.S.C. §856.
7. Denial of Federal Benefits for a Federal or State Charge of Possession of a Controlled Substance - Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, will result from a conviction of possession of a controlled substance. Penalties: up to one year denial for first offense, up to five years denial for second and subsequent offenses. 21 U.S.C. §862; U.S.C.1091(r).

D. Local Drug Laws

Marijuana Use and Drug Paraphernalia Restrictions

1. Prohibition of Marijuana in Certain Locations - No person shall consume display, nor cause odors to emit from, marijuana in any form nor any drug paraphernalia associated with same, within, into or visible from any street, sidewalk, way in which the general public is afforded access, nor on or in any city owned, operated, or leased buildings or lands. (§ 8-171 City of Westfield Ordinance)
2. Regulation of Drug Paraphernalia - No appliance designed specifically for use in the application or administration of marijuana or other drugs which are controlled by Massachusetts General Laws, Chapter 94C, shall be displayed for sale to consumers or for other purposes, nor shall such appliances be sold or otherwise distributed without a license from the City Council, unless occurring withing a properly permitted and registered facility pursuant to this article. (§ 8-172 City of Westfield Ordinance)
3. Penalties for Violation of §§8-171 and 8-172 - Any person who violates this ordinance shall be subject to a fine of $500.00 for the first violation, and $1000.00 for a second violation and each subsequent violation that occurs within one year of any prior violation.  Each instance or each calendar day of a violation shall constitute a separate offense.  (§ 8-174(b) Westfield City Ordinance)

Programs of Prevention

A version of this document is distributed to every student and employee annually.  In addition, all full-time fall-entering, freshmen day students are required to complete an on-line alcohol education course.  The University has employed evidence-based prevention programs such as social norming and bystander intervention to promote safe and healthy use or abstinence.  Students, who violate the University’s Alcohol and Other Drug Policy may also be subject to attending an in-person Substance Education Class and/or an online alcohol course for those who have received Student Conduct sanctions.  Substance Abuse evaluations are available to full-time undergraduate students also on campus at the Counseling Center.  In addition to policy, sanctioning, and education, the University promotes physical wellness through its various facilities and programs.  The University also encourages and promotes drug and alcohol-free events and programs to support non-users. 

Resources For Help

A. On Campus Resources:

1. Counseling Center, Lammers Annex.
   Brian Cahillane, Associate Director, (413) 572-5790

B. Off Campus Resources:

1. AdCare Hospital Outpatient Services
   117 Park Ave.,
   W. Springfield, MA 01089
   413-209-3124
2. Drug and Alcohol Hotline
   1-800-222-0828
3. Alcoholics Anonymous Hotline
   413-532-2111
4. Alanon
   413-782-3406

You may also consult the back of your health insurance card for information about how to access mental health/substance abuse benefits and contact your insurer for an appropriate referral.