State of Indiana Legal Sanctions for Violations of a Controlled Substance/Alcohol
In addition to Northwood University sanctions, students and employees are subject to appropriate Federal and State laws, which provide for the fines, and /or imprisonment for the unlawful possession, sale or distribution of drugs or alcohol. The fines and/or imprisonment may vary according to the type and amount of substance involved the offender's past record for such offenses, and a variety of other factors. Among the sections of the Indiana Criminal Code that may be pertinent are those listed below:
Alcohol
- It is unlawful for a minor to make a false statement of his/her age or to present or offer false or fraudulent evidence of majority or identity to a permittee for the purpose of ordering or purchasing or attempting to procure alcoholic beverages.
- It is unlawful for a person to sell, give or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate the provision of this rule
- It is unlawful for a minor to have in his/her possession false or fraudulent evidence of majority or identity with the intent to violate the provision of this title.
- It is unlawful for a minor to possess an alcoholic beverage, to consume it, or to transport it on a public highway not accompanied by at least one of his/her parents or guardians. A person who violates a provision of this section is guilty of a misdemeanor.
- It is unlawful for a minor to be in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided or furnished. It is also unlawful for a permittee to permit a minor to be in the prohibitive place. (Under Indiana Alcoholic Beverage Act a minor is an individual under the age of 21 years.) The penalties for violation of the Indiana Beverage Act vary from $4 to $500, for a term of imprisonment of not less than 5 days nor more than 6 months depending upon the nature of the offense committed; possible loss of driver's license for one year; possible required participation in alcohol education or treatment program.
Intoxication
- Legal Definition- intoxication means a condition, which results in a person's normal faculties, either of perception, physical ability or judgement, being impaired so that he no longer has the capacity to form or entertain a specific intent.
- Legal Symptoms- Criteria- red bloodshot eyes, slurred speech, odor of alcohol, and odor commonly associated with an alcoholic beverage.
Distribution, Sale, Possession or Use of Drugs
- A person who knowingly or intentionally manufactures a narcotic drug, or adulterated; marijuana or hashish, pure or adulterated or,
- Possesses with intent to manufacture or deliver a narcotic drug, pure or adulterated; a controlled substance, pure or adulterated; marijuana or hashish, pure or adulterated; commits the offense of possession, which is a felony.
- A person, who, without a valid prescription or order of a practitioner acting in the course of his/her professional practice, knowingly or intentionally possesses a narcotic drug or a controlled substance, commits the offense of possession, which is a felony.
- A person who (1) knowingly or intentionally possesses marijuana or hashish or (2) knowingly or intentionally grows or cultivates marijuana or hashish or (3) knowingly that marijuana is growing on his/her premises, fails to destroy the marijuana plant, commits either a felony or misdemeanor depending upon the amount of marijuana or hashish possessed.
- A person who knowingly or intentionally visits a building, structure or vehicle or place that is used by any person to unlawfully use a controlled substance, commits visiting a common nuisance, which is a misdemeanor, and a person who knowingly and intentionally maintains a building, structure, or vehicle or other place that is used (1) by persons to unlawfully use controlled substances or (2) for unlawfully keeping or selling controlled substances commits maintaining a public nuisance, which is a felony.