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Drug-Free Campus Guidelines

New York State and Federal Legal Sanctions

Legal Sanctions for Marijuana and other Controlled Substances:

The unlawful possession, use or distribution of illicit drugs and alcohol is punishable by sanctions imposed by the United States Government and by the State of New York. These sanctions can include imprisonment, fines, assigned community service, and loss of federal student financial aid eligibility.

New York State Sanctions for Possession of Marijuana

(See NYS Penal Law Section 221.05)

1st offense; a fine of no more than $100;

2nd offense; a fine of no more than $200;

3rd offense; a fine of no more than $250 and/or 15 days imprisonment

New York State Sanctions for Criminal Possession and Sale of Marijuana

(See NYS Penal Law Article 221)

(Degree depends upon amount of substance seized)

5th Degree-Class B Misdemeanor; imprisonment up to 3 months

4th Degree-Class A Misdemeanor; imprisonment up to 1 year

3rd Degree-Class E Felony; imprisonment up to 4 years

2nd Degree-Class D Felony; imprisonment up to 7 years

1st Degree-Class C Felony; imprisonment up to 15 years

New York State Sanctions for Possession and Sale of Controlled Substances:

(See NYS Penal Law Article 220)

“Controlled substance” means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marijuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section 3302 of such law. This includes, but is not limited to: methamphetamine, heroin, cocaine, PCP, LSD, Fentanyl, and Fentanyl analogue.

New York State Sanctions for Criminal Possession and Sale of Controlled Substances

(Degree depends upon substance, amount of substance, age of purchaser and prior record)

7th Degree-Class A Misdemeanor; imprisonment up to 1 year

5th Degree-Class D Felony; imprisonment up to 7 years

4th Degree-Class C Felony; imprisonment up to 15 years

3rd Degree-Class B Felony; up to 25 years imprisonment

2nd Degree-Class A-II Felony; up to life imprisonment

1st Degree-Class A-1 Felony; up to life imprisonment