Drug-Free Schools and Colleges Annual Notification

As a requirement of the Drug-Free Schools and Colleges Act of 1989, the University of Missouri must disseminate the below policies and information to all students, staff, and faculty on an annual basis. Questions concerning this policy and/or alcohol and other drug programs, interventions, and policies may be directed to the Wellness Resource Center at mizzouwellness@missouri.edu and 573-882-4634.

Policies – Alcohol and Other Drugs

Standards of Conduct

 

University of Missouri regulations prohibit the unlawful possession, use, distribution, and sale of alcohol and illicit drugs by University students and their guests and for employees on University-owned or controlled property and at University-sponsored or supervised activities including school-related events or professional meetings requiring travel.  The Standards of Conduct applies to all student organizations, fraternities, and sororities even though they are not on University-controlled property.

Good Samaritan Policy

At the University of Missouri, the health, safety, and welfare of our students and community are paramount concerns. As such, all MU students are expected to alert appropriate officials in the event of any health or safety emergency—specifically including those involving the misuse or abuse of alcohol—even if violations of the Standard of Conduct may have occurred in connection with such an emergency.  The University understands that fear of possible legal actions may deter students from seeking certain requests for emergency assistance; therefore, the University has adopted the following Good Samaritan Policy to alleviate such concerns and promote responsible action on the part of students.

In a situation involving imminent threat or danger to the health or safety of any individual(s), students are generally expected (1) to contact emergency officials by calling 911 to report the incident, (2) to remain with the individual(s) needing emergency treatment and cooperate with emergency officials, so long as it is safe to do so, and (3) to meet with appropriate University officials after the incident and to cooperate with any University investigation.

The University will consider the positive impact of taking responsible action in an emergency situation when determining the appropriate response to alleged policy violations by the reporting student that may have occurred prior to or in conjunction with the emergency situation. In some such situations, this may mean that no University sanctions are imposed but the incident will be documented, and educational, community and health initiatives will be required. The protocol does not preclude or prevent action by police or other legal authorities. Failure of students to take responsible actions in an emergency situation may void all protections under this provision, may constitute an aggravating factor for purposes of sanctioning, and may lead to further disciplinary actions when such failure to act otherwise constitutes a violation of university rules and regulations.

Alcohol Policy

Residential Life. The consumption, manufacture, use, possession, sale or distribution of alcohol, tobacco/nicotine, or any controlled substance in or on the premise of any Residential Life-owned or -operated facility or dining location is prohibited without proper prescription, required license or as expressly permitted by law or university regulations.  Possession of drug paraphernalia is not permitted.

Missouri Student Unions. Possession and use of alcoholic beverages on university property is prohibited except for the President, Chancellors, and designated facilities.  Departments and organizations may request for a single event exemption at least 2 weeks in advance.  Except for certain venues, the university does not have license to sell alcohol; therefore, a licensed business is required to engage in the event.

Parental Notification of Alcohol and Controlled Substances Violations. The purpose of this regulation is to set guidelines for parental notification of alcohol and controlled substance violations of students under the age 21 as permitted by the Warner Amendment to the Higher Education Act of 1998, to the extent that such notification is permitted by federal and Missouri law.  The University supports the theory that students, parent(s) or legal guardian(s), and the University are partners with responsibilities for the promotion of a healthy and positive educational experience for students. University disciplinary policies and procedures are designed to promote an environment conducive to student learning and growth while protecting the University community.

It is the belief of the University that students benefit from discussions with their parent(s) or legal guardian(s) about the effects of alcohol or use of controlled substances including the effect of the use of alcohol or controlled substances on their educational experience.  Prior to the fall semester, materials concerning the consequences of high risk drinking and the use of controlled substances will be sent to parent(s) or legal guardian(s), and they will be encouraged to discuss the information with their student. This information will be sent to parent(s) or legal guardian(s), as indicated by students in their data file, of degree seeking students and students admitted to the University for which we have necessary information, including provisionally admitted students, under the age of 21.  This information will also contain a description of the parental notification policy and the conditions of notification. Parent(s) or legal guardian(s) will be given the opportunity to decline participation in the parental notification program. This information will be sent to parent(s) or legal guardian(s) only once and it is the responsibility of the parent(s) or legal guardian(s) to contact the University regarding any change of intent or changes in address or telephone number.

The University may notify only parent(s) or legal guardian(s) who have not declined to participate in the parental notification program under the following conditions:

  1. if the student is under 21 years of age at the time of disclosure; and
  2. when the student has been determined under the Rules of Procedures in Student Conduct Matters, §200.020 of the Collected Rules and Regulations of the University of Missouri to have violated the student conduct code concerning alcohol or controlled substances on campus including operating a vehicle on University property, or on streets or roadways adjacent to and abutting a campus, under the influence of alcohol or a controlled substance as prohibited by law of the state of Missouri as stated in §200.010 B.8; and
  3. the violation is an initial severe, second or a subsequent violation of the student conduct code concerning alcohol or controlled substances. An initial severe offense is one that, in the opinion and discretion of the individual designated under paragraph 3 below, endangers self, or others, or that may result in the potential loss of campus housing privileges, or have an impact on student status.

The University reserves the right not to notify parent(s) or legal guardian(s) even though the above conditions are satisfied, upon the written recommendation of a health care provider who determines that such notification would not be in the best interest of the student and would be detrimental to the student’s health, safety or welfare. Married students and students who demonstrate that they are financially independent of their parent(s) or legal guardian(s), are exempt from notification conditions above.

The student, in order to have the first opportunity to notify the student’s parent(s) or legal guardian(s), will be granted a period of 48 hours after the determination to notify parent(s) or legal guardian(s) concerning the violation prior to the University issuing a notification to the parent(s) or legal guardian(s).  While the University may notify parent(s) or legal guardian(s) that a violation has occurred, it will not discuss the violation with parent(s) or legal guardian(s) without the student’s written consent.  The Chancellor of each campus will designate an individual on the Chancellor’s campus who is responsible for the notification of parent(s) or legal guardian(s) under the conditions described above. This individual will notify parent(s) or legal guardian(s) in writing after the determination concerning the violation has been made. The letter will include a statement indicating that the violation has occurred and that unless the student signs a release, any further information must be disclosed by the student. The letter will be sent by certified mail.  Nothing in this rule precludes the University from notifying parent(s) or legal guardian(s) under the emergency provisions outlined in Section 180.020.

Tobacco-Free Policy

In recognition of the health and safety benefits of tobacco-free air and the responsibility to provide and maintain an optimally healthy and safe working and living environment for faculty, students, staff and visitors, the University of Missouri is smoke and tobacco-free.  Tobacco is defined as any tobacco, nicotine delivery devices, hookah, and any other synthetic or tobacco derived nicotine products intended for human consumption through vaporization, inhalation, absorption, heat not burn, and any ancillary device for such products.  Any products approved by the United States Food and Drug Administration for tobacco cessation or other therapeutic purposes are excluded from this policy.

Workplace Policies

Federal law requires that the University have a policy on drug and alcohol abuse in the workplace which meets certain statutory requirements. The federal law also mandates that the University have a drug and alcohol-free awareness program.

The University has an obligation to provide a healthy and safe environment for all students, employees and visitors to its campuses. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on all University-owned or controlled property and at University sponsored or supervised activities. The unlawful possession, use and/or distribution of alcohol is also prohibited on all University-owned or controlled property and at University sponsored or supervised activities. Violations of this policy may result in discharge or other discipline in accordance with University policies and procedures covering the conduct of faculty, staff and students. Each employee engaged in the performance of work supported by a federal grant or contract, as a condition of employment, must abide by the terms of the policy and must notify the University of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.  The University must notify the contracting agency within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of an employee’s conviction.

The University offers the following resources to employees and students:

  1. Education and information about the dangers of drug and alcohol abuse in the workplace;
  2. Programs which address unlawful controlled substance and alcohol use, including personnel actions that may result from such violations; and
  3. Self-referrals and supervisory referrals to drug and alcohol counseling and rehabilitation programs available through the University’s Employee Assistance Program and/or community agencies.  Referrals will respect individual confidentiality.

Commercial Driver’s License. As required by the Omnibus Transportation Employee Testing Act of 1991, University of Missouri employees required to obtain a commercial driver’s license to operate a commercial motor vehicle is subject to testing for alcohol and controlled substances.  The required substances test for alcohol and five (5) controlled substances: marijuana, cocaine, opiates, amphetamines, and phencyclidines (PCPs).  Five types of tests will be utilized as required by Federal regulation (49 CFR part 382): pre-employment/pre-duty (controlled substances only); random; post-accident; return to duty/follow-up; and reasonable suspicion.  Appropriate supervisory training courses will be required and conducted.  In addition to the normal work rules related to possession and use of controlled substances and alcohol while on duty as referenced in HR 508 Drug and Alcohol Abuse in the Workplace, this policy also prohibits the use of controlled substances during off duty hours and the use of alcohol within four (4) hours of scheduled work for covered employees. The policy also prohibits covered employees from using alcohol within eight (8) hours following an accident as the driver of a University commercial vehicle.

Incidental Expenses. When there is a documented business reason, expenditures of University administered funds can be made for alcoholic beverages with approval from the President, Vice President, Chancellor, Provost, Vice Chancellor, Hospital Chief Executive Officer, or designee, unless others are specified.  Each purchase must be a suitable expenditure for the funding source used and must be within the scope of any donor, agency, or other restrictions on the use of the funds, including grant restrictions.  An attestation or written statement explaining that the expenditure benefits the University must be shown on each transaction that request payment of, or reimbursement for, alcoholic beverages.

Special Purchases. This policy covers purchases made by the University for items that are unique in nature or have special requirements.  Purchases that are of unique nature or have special requirements are considered to be Special Purchases.  All purchases of drugs, alcohol, and hazardous materials are to be made in compliance with Federal and State laws.

Legal Sanctions and Penalties

Legal Sanctions

Violation of these University regulations can result in disciplinary action up to and including expulsion for students and discharge for employees.  Conduct that can result in sanctions includes the manufacture, use, possession, sale, or distribution of alcohol and illicit drugs.  Criminal penalties for violation of such laws range from fines up to $20,000 to imprisonment for terms up to and including life.  Changes in state law regarding marijuana or other controlled substances do not negate applicable federal laws.

Standards of Conduct: Student Sanctions

Policy Violation Typical Sanction(s) – 1st Offense
Warning A warning is a written notice to the student that the student is violating or has violated Residential Life policy and/or the Standard of Conduct and that the violation should not occur again.
Loss of Privileges The student is denied specified privileges for a designated period of time. This may include limitations of presence in facilities or portions of facilities.
Restitution The student is required to compensate the University for loss, damage or injury to the University or University property caused by the student. This may take the form of appropriate service and/or monetary or material replacement.
Residential Life Suspension This sanction includes removal of a student from University-owned or -operated housing, termination of a student’s Residential Life contract and prohibition on returning for a specified period of time. The student’s removal from housing may also include limitations of presence in University-owned or -operated facilities.
Residential Life Expulsion This sanction includes permanent removal of a student from University-owned or -operated housing and termination of a student’s Residential Life contract. The student’s removal from housing may also include limitations of presence in University-owned or -operated facilities.
University Probation The student will receive written notification that, due to a finding of responsibility for violation of the Standard of Conduct, additional violations during a specified period of time will result in more severe sanctions. These sanctions will likely include suspension, dismissal, or expulsion from the University of Missouri (inclusive of all campuses within the system).
University Suspension This sanction includes separation of the student from the University, inclusive of all campuses within the UM System, for a specified period of time, after which the student is eligible to return.
University Dismissal This sanction includes separation of the student from the University, inclusive of all campuses within the UM System, and prohibition on returning until specified conditions have been met.
University Expulsion This sanction includes permanent separation of the student from the University of Missouri, inclusive of all campuses within the UM System.

Standards of Conduct: Employee Sanctions

An employee whose test results confirm a .04 prohibited alcohol concentration level or the presence of one (1) of the five (5) controlled substances or who refuses to submit to the required alcohol or controlled substance test will be terminated. Such individuals will be advised of available resources for rehabilitation. An employee whose test results confirm any prohibited alcohol concentration level but less than .04 will be advised of available resources for rehabilitation and will be removed from safety sensitive functions until the start of the driver’s next regularly scheduled duty period but not less than 24 hours following administration of the test.

Local, State, and Federal Laws/Sanctions

Any University of Missouri- Columbia student or employee found possessing, manufacturing, or distributing controlled and/or illicit substances or unlawfully possessing or attempting to possess alcohol or driving a motor vehicle while under the influence is violating local, state, and federal laws. It is unlawful under state law to purchase or otherwise provide alcohol to a minor.

City of Columbia, Missouri Liquor Laws/Sanctions

The City of Columbia, Missouri abides by the state of Missouri Laws.  The City of Columbia Code of Ordinances Chapter 4 discusses in detail alcoholic beverages, including but not limited to alcohol licenses, legal age restrictions, sale and possession restrictions, and server certificates.

According to Sec. 4-19 and 4-20, no person under the age of twenty-one (21) years shall represent that they are the age of 21 for the purpose of purchasing, asking for, or in any way receiving, any intoxicating liquor or nonintoxicating beer.  Any person under the age of 21 years, who purchases or attempts to purchase, possesses, or is in an intoxicated condition as defined in section 14-611, or has a detectable blood alcohol content (BAC) of more than 0.02 by weight of alcohol in their blood, is guilty of a misdemeanor.  The provisions of this section pertaining to possession of intoxicating liquor and nonintoxicating beer shall not apply to a student who:

  1. Is eighteen (18) years of age or older;
  2. Is enrolled in an accredited college or university and is a student in a culinary course;
  3. Is required to taste, but not consume or imbibe, any beer, ale, porter, wine or other similar malt or fermented beverage as part of the required curriculum; and
  4. Tastes a beverage under subdivision (3) of this subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be 21 years of age or older. Nothing in this subsection may be construed to allow a student under the age of 21 to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student’s required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.

City of Columbia, Missouri Drug Laws/Sanctions

The City of Columbia Code of Ordinances Division 23 -Miscellaneous Offenses provides that any person to possess thirty-five (35) grams or less of marijuana or cannibis in any species or form thereof, including but not limited to cannibis sativa L., or five (5) grams or less of hashish. Any person found guilty of violating the provisions of this section shall be deemed guilty of a Class A misdemeanor.

Any person who shall distribute any drugs, nostrums, medicines or samples containing any such things, anywhere in the city, whether licensed or not, except by actual delivery thereof to some person over the age of sixteen (16) years, or any person who shall distribute or deposit any such things in or near any school or other place where children might obtain them, shall upon conviction, be deemed guilty of a Class A misdemeanor.  Where the following terms shall have the meanings designated:

  1. Drugs and medicines shall mean substances or preparations prescribed by duly licensed physicians intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.
  2. Nostrums shall mean substances or preparations usually of secret composition and recommended by the preparer for use as a drug or medicine, but without scientific proof of their effectiveness.

It is unlawful for any person to possess drug paraphernalia. Any person found guilty of violating the provisions of this section shall be deemed guilty of a class A misdemeanor.

The purpose of this section is to ensure that patients, for whom marijuana has been recommended by a physician, suffer no punishment or penalty for obtaining, possessing, and/or using medicinal marijuana and/or paraphernalia used to consume medicinal marijuana. Seriously ill adults who obtain and use marijuana and/or marijuana paraphernalia for medicinal purposes pursuant to the recommendation of a physician shall not be subject to arrest, prosecution, punishment or sanction. Physicians who recommend marijuana for their patients shall not be subject to arrest, prosecution, punishment or sanction. If this provision is held invalid, then a maximum fine of fifty dollars ($50.00) may be imposed.

The purpose of this section is to ensure that adults as defined by state criminal statutes, other than those excluded herein, are not arrested and suffer only a fine and/or community service or counseling and no other punishment or penalty, for the possession of a misdemeanor amount of marijuana and/or marijuana paraphernalia. If found guilty, then a fine of up to two hundred fifty dollars ($250.00) may be imposed. The previous statement does not apply to persons

  1. Who have been found guilty of a felony within the preceding ten (10) years; or
  2. Who have been found guilty in a state court of a Class A misdemeanor, other than misdemeanor marijuana possession or misdemeanor possession of marijuana paraphernalia, within the preceding five (5) years; or
  3. Who have been found guilty in a state or municipal court of misdemeanor marijuana possession on two or more prior occasions within the preceding five (5) years; or
  4. Who are arrested on suspicion of any felony or misdemeanor offense chargeable only under state law, arising from the same set of facts and circumstances as the alleged marijuana offense.

The message of this section is that people should not use marijuana, but should also not lose opportunities for education and employment because of such use.

Missouri Liquor Laws/Sanctions

Missouri Liquor Laws: The Liquor Control Law for the State of Missouri (311 RSMo) provides that any person under the age of 21 years who purchases, attempts to purchase or has in his/her possession any intoxicating liquor is guilty of a misdemeanor (311.325 RSMo). Anyone who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one years is guilty of a misdemeanor (311.310 RSMo). It is a Class A misdemeanor for a property owner to knowingly allow a person under the age of 21 to drink or possess intoxicating liquor or fail to stop a minor from drinking or possessing liquor. Any subsequent violation is a Class E felony (311.310 RSMo). Anyone 17 – 20 years old that uses a fake ID to obtain alcohol is also guilty of a misdemeanor (311.320 RSMo). Under current Missouri law, a subject under the age of 21 who is visibly intoxicated can be arrested without being in physical possession of the intoxicating beverage. A person who has been convicted of a misdemeanor may be subjected to a fine ranging from $50.00 to $1,000.00 and/or imprisonment for up to one year (311.880 RSMo).

2018 Missouri Offense Table for Alcohol Violations (RSMo. 311)

RSMo. Description Crime/Class
311.310 Supplying liquor to a minor or intoxicated person Unclassified misdemeanor
311.320 Misrepresentation of age by minor to obtain liquor Unclassified misdemeanor
311.325 Possession Up to 1 year, D,A/misdemeanor
311.880 Misdemeanor Violations Up to 1 year, A/misdemeanor

Under current Missouri law, a subject under the age of 21 who is visibly intoxicated can be arrested without being in physical possession of the intoxicating beverage (311.325 RSMo).

Driving While Intoxicated (DWI) in Missouri (RSMo. 577)

A person commits the crime of “driving while intoxicated” if they operate a motor vehicle while in an intoxicated or drugged condition. A person is in an “intoxicated condition” when they are under the influence of alcohol, a controlled substance, or drug, or any combination thereof. An individual is considered intoxicated with any amount of a controlled substance or other specific drugs in their system.

If you are stopped by an officer of the law in Missouri, you may be subject to receive a DWI:

  1. If you drive with a BAC of .08 or higher (regardless of whether driving ability was actually impaired); or
  2. It is determined that your driving ability is impaired (even though you may be under the .08 limit).

First offense is a class B misdemeanor subject to a fine up to $1,000 and/or 6 months imprisonment. A defendant found guilty must also participate in a Substance Abuse Traffic Offender Program (SATOP). Multiple offenses range from a class A misdemeanor (a fine up to $1,000 and/or 1-year imprisonment) up to a class B felony (5 – 15 years in imprisonment). After multiple offenses, Missouri law typically requires a driver to install an ignition interlock device on a vehicle after reinstatement of a driver’s license for 6 months.

Refusal to Take Blood Alcohol Test

Missouri law specifies that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Refusal to take a test could result in a license being immediately revoked.

Missouri Abuse and Lose Law (Drivers Under 21)

In Missouri, the BAC limit for drivers who are under 21 is .02. Penalties include suspension of license for 90 days (first offense); 1-year (any subsequent offense). The Abuse and Lose Law also includes the possession or use of alcohol and/or drugs while driving or using a fake ID.

Missouri Administrative Sanctions (RSMo. 302 specifically 302.500 – 302.540)

Individuals arrested for driving while intoxicated, driving with a BAC of .08 or higher, or driving under the influence of drugs are processed administratively as well as criminally. A driver’s license is suspended or revoked for 90 days for the first offense. A driver convicted of a second alcohol or drug-related offense, regardless of the length of time between convictions, will normally receive a 1-year revocation for accumulation of points. A driver convicted of second time for an alcohol or drug-related offense within a five-year period may also receive a 5-year license denial. A driver convicted 3 or more times for an alcohol or drug-related offense will receive a 10-year license denial. The license reinstatement process will include a SATOP along with other requirements prior to reinstatement. See the Missouri Department of Revenue’s DWI website for more information on revocations, suspensions, and multiple offenses.

Missouri Drug Laws/Sanctions

Beginning January 1, 2017 chapters 195 and 579 RSMo shall be known as the “Comprehensive Drug Control Act”.  The manufacturing, possession, sale, and distribution of illicit drugs (i.e. controlled substance or imitation controlled substance) are prohibited by state law. Penalties for first time offense for a drug possession violation can range from a fine of $1,000 to life imprisonment. Other prohibited acts include possession with intent to use drug paraphernalia and advertising the sale of drug paraphernalia. The tables below give information on penalties and fines for specific drug crimes in Missouri (see 195.010 RSMo. for definitions and 195.017 RSMo. for the scheduling information of controlled substances in Missouri).

2018 Missouri Offense Table for Drug Violations (RSMo. 579)

RSMo. Description Prison Term
195.244 Advertisements to promote sale of drug paraphernalia or imitation controlled substances prohibited, penalty. 6 months, B/misdemeanor
579.015 Possession or control of a controlled substance.* Triggers 10g and >35g marijuana any amount of any other controlled substance or synthetic marijuana (formerly RSMo. 195.202) Up to 1 year or up to 7 years, D, A/misdemeanor or D/Felony
579.020 Delivery of a controlled substance (formerly RSMo. 195.212) Up to 4 – 15 years, E, C, B, /Felony
579.030 Distribution of a controlled substance near protected location. (formerly RSMo. 195.218) 10 years – life (30 years), A/Felony
579.040* Distribution, delivery, or sale of drug paraphernalia Up to 1 or 4 years, A/misdemeanor, E/Felony*
579.050* Manufacture of an imitation controlled substance Up to 4 years, E/Felony*
579.055 Manufacture of a controlled substance (formerly RSMo. 195.211) Up to 4 years or 3years – life (30 years), E, C, B, A/Felony
579.065 Trafficking drugs, first degree (formerly RSMo. 195.222) 5 years – life (30 years), B/A Felony
579.068 Trafficking drugs, second degree (formerly RSMo. 195.223) 3 years – life (30 years), C, B, A/ Felony
579.072 Providing materials for production of a controlled substance (formerly RSMo. 195.226) Up to 4 years, E/Felony
579.074 Unlawful use of drug paraphernalia (formerly RSMo. 195.233) Up to 1 or 4 years, D, A/misdemeanor, E/Felony
579.076 Unlawful delivery or manufacture of drug paraphernalia, (formerly RSMo. 195.235) Up to 1 or 4 years, A/misdemeanor, E/Felony
579.078 Possession of an imitation controlled substance (formerly RSMo. 195.241) Up to 1 year, A/misdemeanor
579.080 Delivery of an imitation controlled substance (formerly 195.242) E felony
579.101 Possession or purchase of solvents to aid others in violations (formerly RSMo. 578.260) Up to 6 months or Up to 4 years B/misdemeanor or E/Felony
579.103 Selling or transferring solvents to cause certain symptoms (formerly RSMo. 578.265) Up to 7 years, D/Felony
579.105 Keeping or maintaining a public nuisance (formerly RSMo. 195.202) Up to 4 years, E/Felony
579.110 Possession of methamphetamine precursors (formerly RSMo. 195.420) Up to 4 years, E/Felony
579.170 Prior and persistent drug offenders (added increase in charge) (formerly 195.275). 1 or 2 classes higher than previous offense

Medical Amnesty Law (RSMO 195.205)

The medical amnesty law offers protection from criminal liability (arrest, charge, prosecution, and conviction) to a person who calls 911 for a drug or alcohol overdose.

Crimes from which there is immunity:

  1. Possession of a controlled substance
  2. Unlawful possession of drug paraphernalia
  3. Possession of an imitation of a controlled substance
  4. Minor use of an altered ID, purchase/possession of liquor by a minor, and sale of liquor to a minor
  5. Violating a restraining order and or violating probation or parole
  6. Maintaining a public nuisance

The law does not provide immunity for:

  1. Delivery, distribution, or manufacturing of a controlled substance, except in regard to minors and alcohol; and
  2. It is important to know that officers can still arrest someone at the scene if he/she has an outstanding warrant.

In order to receive immunity, a person must first make the call to 911 for help, in good faith.

Marijuana and the Drug Free Schools and Campuses Act

Federal law has not changed, and marijuana still remains classified as a Schedule I drug. As a result, regardless of state and local law changes, institutions of higher education are expected to continue to abide by the Drug-Free Schools and Communities Act by maintaining policies which prohibit marijuana possession, use, or distribution by students, staff, and faculty. Even medical marijuana is not permitted under federal law.  Any institution that knowingly permits possession, use, or distribution of marijuana is at risk of losing, and even having to repay Title IV funding (Federal Financial Aid), although few, if any institutions have been required to do so.

Employee use of marijuana may also be of concern. In many situations it is clear that on-campus use during work hours is not allowed by the Drug Free Workplace Act. Even with a medical prescription, federal disability laws do not allow for accommodations of on-campus use. Furthermore, legalization of recreational and/or medicinal marijuana does not allow employees to report to work impaired or bring marijuana paraphernalia to campus. Therefore, it is not allowed on campus and may involve sanctions for employees in regard to use at the workplace and could be considered a violation of “lllegal Drugs & Other Substances” under the student code of conduct.

Medical Cannabis (Marijuana) in Missouri

Missouri allows for the use of cannabis for medicinal purposes.  Individuals who are authorized to use cannabis must be registered with the Missouri Department of Health & Senior Services (DHSS) and secure a written certification from a physician licensed in Missouri. The DHSS will issue a registry ID card.

Please note a driver may not operate a motor vehicle while impaired by the use of cannabis prescribed for medicinal purposes and should not transport medicinal cannabis in a vehicle unless it is contained in a tamper-evident container and kept in an area that is inaccessible while the vehicle is in motion. If a police officer stops a vehicle driven by a person who holds a medical registry ID card and the officer has reasonable suspicion to believe the person is impaired by the use of cannabis, the driver must submit to field sobriety testing. Refusal to submit to testing or failure of the field sobriety tests will result in the suspension of the person’s driver’s license.  Driving while impaired by the use of medical cannabis or driving with an open container may result in the loss of driving privileges.

Cannabidiol (CBD) Cultivated from Industrial Hemp

While hemp and cannabinoids derived from hemp are now legal under federal law that became on effective December 20, 2018, they remain subject to regulation.

Section 10113 of The Agriculture Improvement Act of 2018 (P.L. 115-334) (also known as the 2018 Farm Bill) defines “Hemp” in the following manner

“HEMP -means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Missouri law defines “Hemp Extract” in the following manner in RSMO 195.207.

“Hemp Extract” is:

  1. Composed of no more than three-tenths percent tetrahydrocannabinol by weight;
  2. At least five percent cannabidiol by weight; and
  3. Contains no other psychoactive substance.

An individual must obtain a license for medical use of extracts from industrial hemp meeting this definition.

If the “Cannabidiol derived” product is:

  1. Composed of no more than three-tenths percent tetrahydrocannabinol by weight;
  2. Contains less than five percent cannabidiol by weight; and
  3. Contains no other psychoactive substance; then

it does not meet the definition of “Hemp Extract” and therefore not covered under RSMO 195.207.

Products derived from legally grown industrial hemp can be legally possessed. However, it can be difficult to determine if CBD products have been legally produced. Additionally, there is some evidence to suggest that use of these products can trigger a positive drug test result for marijuana use.  CBD possession on campus may involve sanctions for employees in regard to use at the workplace and could be considered a violation of “Illegal Drugs & Other Substances” under the student code of conduct.

Federal Drug Trafficking Penalties

Federal law prohibits, among other things, the manufacturing, distributing, selling, and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971.

Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of state and federal penalties imposed for first convictions. Penalties are more severe for subsequent offenses.

If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.

Persons convicted on federal charges of drug trafficking within 1,000 feet of a University face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one (1) year.

Drug/Substance Amount Penalty – 1st Conviction
Barbiturates Any amount Up to 5 years prison; Fine up to $250,000
Cocaine 5 kg or more Not less than 10 years in prison, not more than life; Fine up to $4 million
Less than 100 grams 10-63 months in prison; Fine up to $1 million
Crack Cocaine 50 grams or more Not less than 10 years in prison, not more than life; Fine up to $4 million
5 – 49 grams Not less than 5 years in prison, not more than 40 years; Fine up to $2 million
5 grams or less 10 – 63 months in prison; Fine up to $1 million
Ecstasy Any amount Up to 20 years in prison; 3 years supervised release (after prison); Fine up to $1 million
GHB Any amount Up to 20 years in prison; 3 years supervised release (after prison); Fine up to $1 million
Hashish 10 – 100 kg Up to 20 years in prison; Fine up to $1 million
10 kg or less Up to 5 years in prison; Fine up to $250,000
Hash Oil 1 – 100 kg Up to 20 years in prison; Fine up to $1 million
Heroin 1 kg or more Not less than 10 years in prison, not more than life; Fine up to $4 million
100 – 999 grams Not less than 5 years in prison, not more than 40 years; Fine up to $2 million
100 grams or less 10 – 63 months in prison; Fine up to $1 million
Ketamine Any amount Up to 5 years in prison; 2 years supervised release (after prison); Fine up to $250,000
LSD 10 grams or more Not less than 10 years in prison, not more than life; Fine up to $4 million
1 – 10 grams Not less than 5 years in prison, not more the 40 years; Fine up to $2 million
Marijuana 1000 kg or more Not less than 10 years in prison, not more than life; Fine up to $4 million
100 – 999 kg Not less than 5 years in prison, not more than 40 years; Fine up to $2 million
50 – 99 kgs Up to 20 years in prison; Fine up to $1 million
50 kg or less Up to 5 years in prison; Fine up to $250,000
Methamphetamine 50 grams or more Not less than 10 years in prison, not more than life; Fine up to $4 million
10 – 49 grams Not less than 5 years in prison, not more than 40 years; Fine up to $2 million
10 grams or less 10 – 21 months in prison; Fine up to $1 million
PCP 100 grams or more Not less than 10 years in prison, not more than life; Fine up to $4 million
10 – 99 grams Not less than 5 years in prison, not more than 40 years; Fine up to $2 million
10 grams or less 10 – 21 months in prison; Fine up to $1 million
Rohypnol 1 gram or more Up to 20 years in prison; Fine up to $1 million
Less than 30 mgs Up to 5 years in prison; Fine up to $250,000

Federal Drug Possession Penalties

Persons convicted on federal charges of possessing any controlled substance face penalties of up to one (1) year in prison and a mandatory fine of no less that $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than fifteen (15) days, but not more than two (2) years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than ninety (90) days, but not more than three (3) years in prison and a minimum fine of $750.

Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than five (5) years, but not more than twenty (20) years and a fine up to $250,000, or both if:

  1. It is a first conviction and the amount of crack cocaine possessed exceeds 5 grams;
  2. It is a second conviction and the amount of crack cocaine possessed exceeds 3 grams;
  3. It is a third or subsequent crack cocaine conviction and the amount exceeds 1 gram.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

Federal Aid Eligibility and Drug Conviction

Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs will have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work study programs, and more. Students convicted of drug possession will be ineligible for one (1) year from the date of the conviction of the first offense, two (2) years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two (2) years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.

If convicted of a drug-related offense after the student submitted their FAFSA form, the student may lose eligibility for federal student aid, and be liable for returning any financial aid received during the period of ineligibility.

Health Risks of Commonly Abused Substances

Alcohol and other drugs are associated with many health risks. The use and misuse of alcohol and other drugs may have negative effects on one’s school or work performance and personal relationships. Some common health risks are addiction; damage to liver, heart, and to a developing fetus; accidents as a result of impaired judgment; and unwanted sexual activity that could result in sexual assault or sexually transmitted infections.  For more information about the health risks associated with particular types of drugs and alcohol, please visit www.drugabuse.gov/drug-topics/commonly-used-drugs-charts.

Alcohol and Other Drug Prevention and Treatment Programs

Prevention and Education

Through the Department of Student Health & Well-Being’s Wellness Resource Center and other departments and offices, a variety of programs and resources exist for alcohol and other drug prevention education, counseling and referral.

Wellness Resource Center. The Wellness Resource Center hosts alcohol and other drug abuse prevention programs, speakers, peer educators, and research. It also provides educational books, brochures, videos and other materials on a variety of wellness issues including alcohol and other drugs.  Programs offered within the center include ASTP (Alcohol Skills Training Program), BASICS (Brief Alcohol Screening Intervention for College Students), BASICS for Cannabis (Cannabis Screening and Brief Intervention for College Students), Year 1 College Behavior Profile (Y1 CBP), eCheckup To Go Alcohol and Cannabis, STAR (Strategies Targeting Alcohol Responsibility), Nicotine Cessation, Wellbeing PEERS, and Collegiate Recovery Program. In accordance with the American College Health Association COVID-19 guidelines, 1:1 programming is offered virtually until further notice.

ASTP is an evidence-based intervention which utilizes motivational interviewing techniques to deliver basic alcohol content and harm reduction strategies.  The program recognizes that the best way to avoid unwanted consequences from alcohol use is to not use alcohol; however, if an individual were to choose to use alcohol, staying at or below 0.06 blood alcohol level is going to minimize those unwanted effects.  A condensed version of ASTP is used as part of an incoming student alcohol education requirement.   Registration for ASTP for Incoming Students can be made through MU Engage or calling the WRC at 573-882-4634. It is also used as a sanction for students who have experienced a negative alcohol related consequence.  Registration for ASTP Sanctions can be made through MU Connect or calling the WRC.  Additionally, a 90-minute program can be requested as a presentation to organizations or groups. Request a program.

BASICS is an evidence-based intervention which utilizes motivational interviewing techniques to assist students to reduce high risk behaviors and negative consequences related to alcohol use.   The program is frequently used as a sanction for students who have experienced a negative alcohol related consequence; however, it can also be used as a means of assessing alcohol use in order to encourage responsible drinking behaviors.  BASICS appointments can be made through MU Connect or calling the WRC at 573-882-4634.  It is presented in two sessions where the first session is a group workshop of approximately 20 students and 2 BASIC coordinators.  After the workshop, students fill out a survey assessing their alcohol use and patterns.  The coordinator will use the information from the survey for the second session.  The second session is a 1:1 feedback session that requires an appointment to be made within 30 days of attending the workshop.  During the 1:1 session, the coordinator will provide personalized feedback to the student regarding their drinking patterns and use.  Students learn about how their drinking compares to other students on campus as well as protective behaviors to reduce negative alcohol related consequences.  The coordinator also works with the student to identify positive changes that the student can make which would align with the student’s personal environment and goals.

BASICS for Cannabis is similar to BASICS through the utilization of motivational interviewing techniques in order to assist students to reduce cannabis use and negative consequences related to use.  It also uses two sessions; however, both sessions are 1:1 feedback sessions.  BASICS for Cannabis appointments can be made through MU Connect or calling the WRC at 573-882-4634.    During the first session, the student will use eCheckup To Go Cannabis to assess use patterns and frequency.  The coordinator will discuss the results from eCheckup To Go Cannabis and provide educational information regarding cannabis use and its effects on the body.  The second session will be 1-2 weeks following the first session.  The coordinator will use motivational interviewing techniques to assist the student in identifying positive changes that he/she can make which would align with the student’s personal environment and goals.

Y1 CBP is an interactive alcohol and cannabis education, prevention, and individualized feedback survey which utilizes evidence-based practices to prevent alcohol and cannabis misuse among college students.  The program encourages students to adhere to the University of Missouri’s core values: respect, responsibility, discovery, and excellence.  Y1 CBP is a freshman requirement hosted by the Department of Student Health and Well-Being.  First time freshman student’s will receive an email with instructions to access the survey prior to the start of their first semester at the university.  It is a short 15-minute survey to be completed prior to moving on campus.

eCheckup To Go Alcohol is a brief online questionnaire that students can access through the WRC.  The program provides personalized feedback regarding use patterns and frequency.  The program also compares the individual’s alcohol use to other students on campus as well as provide weekly, monthly, and annual estimates spent on alcohol.  The information is then presented in a way that encourages students to make choices that align with their personal aspirations and goals.

eCheckup To Go Cannabis is a brief online questionnaire that students can access through the WRC.  The program is similar to eCheckup to Go Alcohol in that it provides personalized feedback regarding use patterns and frequency.  The program also compares the individual’s cannabis use to other students on campus as well as provide weekly, monthly, and annual estimates spent on cannabis.  The information is then presented in a way that encourages students to make choices that align with their personal aspirations and goals.

STAR is an individually tailored skills program designed to help students drink more responsibly and reduce the risk of negative consequences when they drink. The program is offered through the Psychological Services Clinic and is a complement to our BASICS program.  Students participate in four sessions with appointments made online through MU Connect with our STAR coordinators.

Nicotine Cessation services are available to help you quit or reduce your use of nicotine products including cigarettes, cigars, pipes, smokeless tobacco, vape, and JUUL.  One-on-one coaching for students who want to reduce or stop use is available at the WRC.  Appointments can be made by calling the WRC at 573-882-4634.  Nicotine replacement therapy is available free of cost to students who participate in the one-on-one coaching.  The Student Health Center offers one-on-one visits with a medical provider.  Physicians and nurse practitioners can provide appropriate medication to support your quit plan.  As with other medical visits, health insurance will be billed for the visit.  Virtual group classes are provided through Ellis Fischel Cancer Center and the WRC.  These are available free of cost to anyone who wants to stop nicotine use.  The program is offered on Zoom and meets five times over a 10-week period.  Free nicotine replacement therapy is available to participants.

The Well-Being Peers is a program that consists of University of Missouri students working to create a campus culture where students can achieve balanced well-being and are trained to provide student-centered, inclusive outreach, education, and advocacy on a variety of health and well-being topics including substance use, STI prevention, birth control options, managing stress, stopping stigma and more. PEERS empower students to make healthy choices related to their overall well-being by educating them, providing a nonjudgmental environment to ask questions, and informing them of available resources. Our peers come from a variety of backgrounds and academic disciplines. They have a passion for health and well-being, and often play many roles: friend, educator, leader, activist, or role model. As peer educators, they lead the way by challenging misperceptions, creating positive social norms, and connecting people with the resources they need to maintain positive health and well-being.

Collegiate Recovery Program is a new and growing program offered to students who identify as in substance use recovery.  The program provides the opportunity to create a community of support for peers who are also in recovery and has potential to expand into hosting sober events, bringing motivational speakers, and offering sober activities.  There is also a Recovery Lounge available as a safe space to relax, meet, and socialize with other students in recovery.

Counseling Center. The Counseling Center provides consultation to assist a student in accessing an appropriate treatment for substance cessation. 24-Hour crisis services are also available by calling 573-882-6601.

Student Health Center. Physicians at the Student Health Center can provide consultation and medical evaluation to assist a student in accessing appropriate treatment for substance use cessation.

Mizzou Made Student Athlete Development. The Mizzou Made Student Athlete Development Program offers services for intercollegiate athletes which includes an Integrative Healthcare Team consisting of mental health counseling, athletic training support, and team physicians. In addition, the program offers drug and alcohol abuse education and other wellness related issues.

University Police Crime Prevention Unit. The University Police Crime Prevention Unit provides presentations on the legal aspects of alcohol and other drugs as well as other related issues.  These presentations are done upon request of student groups. The information on alcohol risk management and associated consequences is also being incorporated in general safety presentations for campus organizations.  In addition, University Police Officers actively patrol for Liquor Law, Cannabis/other drug related laws, and DWI violations.

Employee Assistance Program. The Employee Assistance Program (EAP) is a confidential service that is provided to University of Missouri employees, their families, retirees, and organization work units.  Services provided through the EAP address a range of personal concerns or stressors including, but not limited to acting as a resource for alcohol and substance abuse as well as the management of individual risk factors associated with these conditions. Individual, group, and community educational programs and interventions designed to prevent and reduce alcohol and other drug use and misuse are offered to the University of Missouri- Columbia community.

For more information concerning current programs, interventions, and policies, contact Wellness Resource Center in G202 MU Student Center at mizzouwellness@missouri.edu and 573-882-4634.

Counseling and Treatment

Short term alcohol and other drug counseling is available on campus to students through the Counseling Center at 573-882-6601. Students may be referred through the Counseling Center to other treatment programs for more intensive treatment.

Through the institution’s Human Resources department, the Employee Assistance Program offers employees additional education and counseling, as well as appropriate referrals.

Within Columbia, the following substance abuse counseling agencies are available:

Phoenix Programs, Inc. Phoenix Programs, Inc. provides substance abuse rehabilitation services.  The program is accredited through the Commission on Accreditation of Rehabilitation Facilities.  Phoenix Programs, Inc. contact information is as follows:

90 E. Leslie Lane
Columbia, MO 65202
Phone: 573-875-8880
Website: phoenixprogramsinc.org

McCambridge Center. McCambridge Center provides substance abuse treatment for women and children.  The center is a part of the Compass Health Network.  McCambridge Center’s contact information is as follows:

201 N. Garth
Columbia, MO 65203
Phone: 844-853-8937
Website: compasshealthnetwork.org

CenterPointe Hospital. CenterPointe Hospital provides substance abuse and mental health treatment for children, adolescents, adults, and senior adults.  The hospital has five locations in mid-Missouri and St. Louis Metro.  CenterPointe Hospital’s contact information is as follows:

1201 International Drive
Columbia, MO 65202
Phone: 573-615-2001
Website: centerpointehospitalcolumbia.com

The Crossroads Program.  The Crossroads Program provides substance abuse rehabilitation for teens and young adults.  The program has 3 locations in Missouri including St. Louis, Kansas City, and Columbia.  The Crossroads Program contact information is as follows:

3605 South Providence Road, Suite 6
Columbia, MO 65203
Phone: 573-256-8020
Website: www.thecrossroadsprogram.com

Resources

On-Campus Resources

Wellness Resource Center 573-882-4634, mizzouwellness@missouri.edu
Student Health Center 573-882-7481
Counseling Center 573-882-6601
University Crime Prevention Unit 573-882-7201

Online Resources

Substance Abuse and Mental Health Services Administration (SAMHSA) 1-800-662-HELP (4357), www.samhsa.gov/find-help/national-helpline
American Addiction Centers Online Resources 888-498-1403, americanaddictioncenters.org/online-resources

This information is brought to you by the Wellness Resource Center in compliance with the Drug-Free Schools and Colleges Act Amendments of 1989.