Northeastern State University

Standards of Conduct & Sanctions Imposed

Local, state, and federal laws provide for a variety of legal sanctions and penalties for the unlawful possession or distribution of illicit drugs and alcohol. These sanctions include, but are not limited to, incarceration and monetary fines.

Federal law provides rather severe penalties for distributing or dispensing, or possessing with the intent to distribute or dispense a controlled substance, and penalties of a less severe nature for simple possession of a controlled substance. The type and quantity of the drug, whether the convicted person has any prior convictions, and whether death or previous injury resulted from the use of the drug in question (this, however, is no a factor in a case of simple possession) all affect the sentence. For example if it is your first offense (no prior convictions) and if less than 50 kilograms of marijuana are involved, then you are subject to imprisonment of not more than 5 years, a fine of $250,000, or both. If however, all other factors are the same as in the previous example, but 50-100 kilograms of marijuana are involved instead of 50, you are subject to imprisonment of not more than 20 years, unless death or serious injury results from the marijuana use, then you are subject to not less that 20 years or life, a fine of $1,000,000, or both. While the penalties for simple possession are less severe, the first conviction still carries a sentence of up to a year imprisonment, a fine of at least $1,000 but not more than $100,000, or both. With regard to simple possession, the number of convictions makes both the minimum period of imprisonment and fines greater. Under special provisions for possession of crack, a person may be sentenced to a mandatory term of at least 5 years in prison and not more than 20 years, a fine of $250,000, or both.

State law provides similar penalties with regard to the simple possession, distribution, or possession with the intent to distribute a controlled dangerous substance. Simple possession of marijuana is a misdemeanor and carries a punishment of up to 1 year in the county jail. A second or subsequent conviction for simple possession of marijuana with the intent to distribute is a felony and carries a punishment of 2 years to life in the penitentiary and a fine of up to $20,000 for the first conviction. A second or subsequent conviction carries a punishment of 4 years to life in prison and a fine of up to $40,000. Depending upon the quantity involved, a convicted individual could be sentenced under the Oklahoma “Trafficking in Illegal Drugs Act” which provides for much harsher penalties.

In addition, state law provides that possession of or possession with the intent to consume 3.2 beer by someone under 21 years old in a public place is a misdemeanor punishable by a fine not to exceed $100.00 or by appropriate community service not to exceed 20 hours. Possession of other alcoholic/intoxicating beverages by someone under 21 years old in a public place is a misdemeanor punishable by imprisonment in the county jail for not more than 30 days, a fine not to exceed $100.00, or both. There are also state laws concerning driving under the influence of alcohol and using a false driver’s license to obtain 3.2 beer other alcoholic beverages. Depending upon the number of previous convictions or gravity of the circumstances you may be convicted of a felony or misdemeanor for such an offense. It is most likely that you will also forfeit your driving privileges in the event you are convicted of such an offense.

The local ordinance for the city of Tahlequah regarding narcotics is as follows: It is unlawful for any person to appear or be upon or in any street, alley, place of business, or other public place while under the influence of opium or other narcotic; to use, have, or possess opium or other narcotic upon or in any street, alley, place of business, or other public place within the city; to use opium or other narcotic in any place within the city except as legally prescribed by a physician licensed to practice in the state; to loiter about a place where opium or other narcotic is sold or furnished illegally; or to sell or furnish illegally to another person opium or any other narcotic. “Narcotic” includes marijuana and any controlled dangerous drug as defined by Section 2-101 of Title 63 of the Oklahoma Statutes. (Or. No. 572, 5/2/77)

In addition, the local ordinance regarding public intoxication is as follows: It is unlawful for any person to appear or be upon or in any street, alley, or other public place in the city in a state of intoxication. It is unlawful for any person to drink intoxicating liquor, beverage or any non-intoxicating beverage upon or in any street, alley, or other public place within the city. It is unlawful to use, sell or furnish to another any illegal drug or narcotic in any place in the city except as legally prescribed by a physician.

For the purposes of this section, a state of intoxication means the condition in which a person is under the influence of any intoxicating , non-intoxicating, spirituous, vinous or malt liquors, or any narcotic, to such extent as to deprive the person of his or her full physical or mental power.

Local ordinances, Section 10- 104, 401, 402, 404 pertain to narcotics, public intoxication, and possession and transportation of non-intoxicating beverages.

If drugs are involved, the city will most likely defer to the state or federal authorities because their penalties are more severe. If alcohol is involved, you may be convicted of violating both local and state law and punished according to both laws.

The University has some students and employees who study and work in places other than the main campus in Tahlequah, and those students and employees are subject to the laws covering those localities. Further information regarding these local, state and federal laws may be found in the Offices of Student Affairs and Human Resources and is available to students and employees. Students and employees are encouraged to review this information.