Alcohol and Drug Free Environment Policy

It is the policy of Iḷisaġvik College to provide an alcohol and drug free environment to benefit all students, faculty and staff. In accordance with state and federal guidelines, Iḷisaġvik College supports and maintains a drug-free living and learning environment and workplace for its students, faculty and staff. The College recognizes and supports the need to take a firm stand on drug and alcohol abuse prevention and education. The College has implemented a drug and alcohol prevention program and provides information to students to prevent drug and alcohol abuse.

The following behaviors will not be tolerated while a student is on College premises, or attending activities or functions conducted by or under the supervision of Iḷisaġvik College, whether on or off-campus:

  • Possession of alcohol or illegal drugs, including marijuana and unauthorized prescription drugs.
  • Manufacturing of alcohol or illegal drugs.
  • Consumption or use of alcohol or illegal drugs.
  • Furnishing, selling, soliciting or purchasing alcohol or illegal drugs.
  • Being under the influence of alcoholic beverages, marijuana or illegal drugs on campus property or at activities or functions conducted by or under the supervision of Iḷisaġvik College.
  • Instructors of classes related to vocational and technical training, including Workforce Development and driver’s instructional classes have latitude to make a determination whether to deny a student access to operating machines, equipment, or vehicles if they suspect the student is under the influence of intoxicants. Such matters will always be referred to the Dean of Students for review.

In addition, students are expected to comply with all local, state and federal laws. Although possession and use of marijuana by adults is no longer a crime in the State of Alaska, the possession and use of marijuana remain illegal under federal law. Consistent with federal law, including the Controlled Substance Act and the Drug-Free Schools and Communities Act, the use and/or possession of marijuana is prohibited on Iḷisaġvik College property, or at any activity or function by or under the supervision of Iḷisaġvik College.

Definitions

Illegal Drugs: the non-medical use and/or possession of drugs that are prohibited by state or federal law.

Drug Abuse: the misuse of prescription and/or illegal drugs.

Alcohol Abuse: substantial impairment resulting from the drinking of alcohol.

Under the Influence: state of impairment or intoxication from the effects or alcohol of drug consumption.

Violations

Violations of the Code of Social Conduct carry serious consequences. Students who violate the College’s policy or federal, state and local laws regarding alcohol, marijuana and illegal drugs are subject to disciplinary action, up to and including expulsion from Iḷisaġvik College and Iḷisaġvik College housing, and may be subject to arrest and criminal prosecution. Students receiving Title IV funds who are convicted of a criminal drug offense during the period of enrollment for which the funds were awarded will lose eligibility for all Title IV funds.

The following procedures for violation of this policy are in place for the protection of all students and members of the Iḷisaġvik College community. The College reserves the right to take a more serious level of action depending on the nature and severity of the offense.

  • Students who are found to be in violation of this policy will meet with the departmental director or his/her designee within 72 hours of the reported violation.
  • The first violation of this policy will result in a letter of warning from the Dean of Students and the student will be placed on a behavioral contract.
  • A second violation of this policy will result in the expulsion of the student from Iḷisaġvik College housing. Documentation of Removal from Residential Center will be placed in permanent student files in the Student Services.
  • A third violation of this policy will result in suspension from the student’s academic program for a specified length of time. The student will not be eligible for student housing the following semester. The student may re-apply for residential housing for subsequent semesters.
  • The North Slope Borough Police will be called in the event it is determined an intoxicated student is under the legal drinking age of 21.
  • The North Slope Borough Police will be called in the event it is determined or suspected that a student is selling, buying or in possession of alcohol, marijuana or illegal drugs on the Iḷisaġvik campus.
  • Students enrolled in certain vocational programs, especially those involving the operation of equipment, and motor vehicles may be subject to alcohol and drug testing.
  • The student is subject to immediate expulsion from Iḷisaġvik College housing and/or separation from the College if it is determined the student in fact bought, sold or possessed alcohol, marijuana or illegal drugs.

State of Alaska Legal Sanctions

In addition to disciplinary sanctions imposed by the College, all students, faculty, and staff should be aware that federal and state laws consider illegal use, possession, sale, distribution, or manufacture of drugs or alcohol as serious crimes that can lead to imprisonment and fines.

State:

Schedules A.S. Title 11

Substances

IA

Synthetic and non-synthetic opiates, including Heroin, Oxycodone, and Fentanyl; Gamma Hydrocybutyric Acid (GHB)

IIA

Psychedelics/Hallucinogens, including Peyote, Magic Mushrooms, PCP, Ecstasy/Molly (MDMA); Stimulants, including Methamphetamine and Adderall; Barbiturates; Cocaine

IIIA

Stimulants/Appetite Suppressants, including Didrex; Depressants/Sedative-Hypnotics; Certain Anesthetics, including Telazol/Zoletil

IVA

Benzodiazepines, including Xanax, Ativan, and Valium; Ketamine

VA

Buprenorphine, including Suboxone; Anabolic Steroids, including Testosterone and Anadrol

VIA

Marijuana

Controlled Substances Statues Reference Chart1

*Includes possession with intent to manufacture / deliver.

Statute

Class and Range2

Conduct

11.71.010 Misconduct Involving a Controlled Substance in the First Degree

Unclassified Felony

5-99 Years 

(Maximum 99 Years)

  • Delivers schedule IA, IIA, or IIIA controlled substances to people under 19 years of age where the dealer is more than 3 years older;
  • Engages in a continued felony drug dealing enterprise.

11.71.021 Misconduct Involving a Controlled Substance in the Second Degree

Class A Felony

4-7 Years

(Maximum 20 Years)

  • Manufactures/delivers* a schedule IA controlled substance;
  • Manufactures/intends to manufacture methamphetamine (including possession certain quantities of listed chemicals with intent to manufacture methamphetamine).3

11.71.030 Misconduct Involving a Controlled Substance in the Third Degree

Class B Felony

1-3 Years

(Maximum 10 Years)

  • Delivers schedule IVA, VA, or VIA controlled substances to people under 19 years of age where the dealer is 3 years older;
  • Manufactures/delivers* a schedule IIA or IIIA controlled substance.

11.71.040 Misconduct Involving a Controlled Substance in the Fourth Degree

Class C Felony

0-2 Years

(Maximum 5 Years)

  • Manufactures/delivers* a schedule IVA or VA controlled substance;
  • Possesses any amount of a schedule IA controlled substance;
  • Manufactures/delivers* more than one ounce of a schedule VIA controlled substance without proper permitting.

11.71.050 Misconduct Involving a Controlled Substance in the Fifth Degree

Class A Misdemeanor

0-365 Days

(Maximum 365 Days)

  • Manufactures/delivers* less than one ounce of a schedule VIA controlled substance without proper permitting;
  • Possesses any amount of a schedule IA, IIA, IIIA, IVA, or VA controlled substance without a proper prescription.
  1. This sheet provides a broad overview of 11.71, it is not comprehensive and is not meant to serve as legal advice or opinion. This is not a substitute for independent review of 11.71.
  2. Range is provided for a first-time offender. 
  3. Some listed chemicals include for example hydrochloric gas and red phosphorous. For a complete list see AS 11.71.200.

Prepared by Department of Law 3.1.23

Marijuana (A.S. 17.38) – Offense1

Penalty

A person under 21 years old possessing, using, displaying, purchasing, or transporting marijuana

Class B Misdemeanor + $1,000

A person 21 or over possessing, growing, processing more than 6 plants, or a household of individuals 21 or over possessing, growing, and processing more than 12 plants

$750

It is unlawful for any person to publicly consume marijuana

$100

A person under 21 presenting or offering to a marijuana establishment a false age for the purpose of purchasing or procuring marijuana products

$400

When legally cultivated, marijuana plants shall be cultivated in an area where they are not subject to public view; and A person who cultivates marijuana must take reasonable precautions to secure the plants from unauthorized access

$750

It is unlawful for a person under 21 to manufacture, possess, purchase, or distribute marijuana accessories

Violation

Alcoholic Beverages (A.S. 4.16) – Offense1

Penalty

Manufacture, sell, barter, or offer or possess for sale without license or permit

$25,000 + 0-1 year

Knowingly enter or remain on licensed premises without appropriate companion or consent if under 21

Violation + $500

Knowingly consume or possess if under 21

Violation + $500

Purchase or solicit another to purchase or induce another to provide if under 21

Up to $50,000 + 0-5 years

Purchase or solicit another to purchase or induce another to provide if under 21 and minor causes injury or death to another

Class C Felony $50,000
0-5 years

  1. These charts provide a broad overview of related Alaska Statutes. It is not comprehensive and is not meant to serve as legal advice or opinion. This is not a substitute for independent review of A.S. 4.16 and 17.38

Federal Trafficking Penalties 

Drugs/Schedule

Quantity

Penalties

Quantity

Penalties

Cocaine (Schedule II)

500-4999 grams mixture

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

5 kgs or more mixture

First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 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 15 yrs, 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: Not less than 25 years. Fine of not more than $20 million if an individual, $75 million if not an individual.

Cocaine Base (Schedule II)

28-279 grams mixture

280 grams or more mixture

Fentanyl (Schedule II)

40-399 grams mixture

400 grams or more mixture

Fentanyl Analogue (Schedule I)

10-99 grams mixture

100 grams or more mixture

Heroin (Schedule I)

100-999 grams mixture

1 kg or more mixture

LSD (Schedule I)

1-9 grams mixture

10 grams or more mixture

Methamphetamine (Schedule II)

5-49 grams pure or 50-499 grams mixture

50 grams pure or 500 grams or more mixture

PCP (Schedule II)

10-99 grams pure or 100-999 grams mixture

100 gm or more pure or 1 kg or more mixture

Penalties

Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)

Any amount

First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs, or more than life. Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.

First Offense: Not more than 10 years. If death or serious injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual.

Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if an individual.

First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.

First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Flunitrazepam (Schedule IV)

1 gram

Other Schedule III drugs

Any amount

All other Schedule IV drugs

Any amount

Flunitrazepam (Schedule IV)

Other than 1 gram or more

All Schedule V drugs

Any amount

Drug

Quantity

1st Offense

2nd Offense*

Marijuana (Schedule I)

1,000 kg or more marijuana mixture; or 1,000 or more marijuana plants

Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.

Not less than 15 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual.

Marijuana (Schedule I)

100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plants

Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than $5 million if an individual, $25 million if other than an individual.

Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50 million if other than an individual.

Marijuana (Schedule I)

More than 10 kgs hashish; 50 to 99 kg marijuana mixture

More than 1 kg of hashish oil; 50 to 99 marijuana plants

Not less than 20 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine $1 million if an individual, $5 million if other than an individual.

Not less than 30 yrs. If death or serious bodily infury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.

Marijuana (Schedule I)

Less than 50 kg marijuana (except 50 or more marijuana plants regardless of weight);

1 to 49 marijuana plants

Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual

Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual

Hashish (Schedule I)

10 kg or less

Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual

Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual

Hashish Oil (Schedule I)

1 kg or less

Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual

Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual

*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is not less than 25 years imprisonment and a fine up to $20 million if an individual and $75 million if other than an individual.