StudentRights150B

Drug Regulations and Controlled Substances Laws

The use, possession, sale, or transfer of narcotics, drugs or hallucinogens is prohibited on campus, except as permitted by law. Ball State's drug policy appears in the Code of Student Rights and Responsibilities as Appendix B (www.bsu.edu/studentrights/drugpolicy).

The summary below is intended to provide an overview of some of the sections relevant to university students. It is not intended as a substitute for professional legal advice. Those needing legal advice should consult an attorney.

Laws Concerning Controlled Substances

Controlled Substances
"Controlled Substances" are regulated drugs that have been determined to have special "abuse potential." Such drugs include; marijuana, hashish or hash oil, cocaine, LSD and other hallucinogens, barbiturates and other sedative-hypnotics, amphetamines and other prescription stimulants, MDMA (Ecstasy), PCP, and similar drugs. It is illegal under both state and federal to:

• Manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.
• Deal in a substance represented to be a controlled substance (including counterfeit, "look-alike" drugs).
• Manufacture, advertise, distribute, or possess with intent to manufacture, advertise or distribute a substance represented to be a controlled substance.
• Possess, without a valid prescription, a controlled substance.
• Visit a building, structure, vehicle, or other place used by person to unlawfully use a controlled substance.
• Possess, manufacture, deal in, or deliver drug paraphernalia (an instrument, device, or other object intended for use for introducing a controlled substance into a body or for enhancing the effect or testing a controlled substance).

Criminal sanctions for such violations can include fines from $5,000 to $10,000 under state law and up to $25,000 under federal law, and imprisonment in a state prison for up to 50 years or in a federal prison for up to life. The sanction imposed will be determined by; (1) the classification of the controlled substance, (2) the quantity involved, (3) the nature of the offense (sale, use, etc.), (4) the age of the recipient (higher penalties for possession, sale or delivery near a school, etc.), and (5) the prior criminal record of the offender. More detailed information may be obtained by consulting the Indiana Criminal Code or the Federal Controlled Substances Act, as amended.

Anabolic Steroids
Under Indiana law, it is a criminal offense to manufacture, deliver, possess, or use an anabolic steroid without a valid and legal prescription. It is illegal for a physician or other licensed practitioner to issue a prescription for an anabolic steroid for enhancing performance in an exercise, sport, or game, or to increase muscle mass, strength, or weight without a medical necessity. Criminal sanctions for such violations can include fines and/or imprisonment. More detailed information may be obtained by consulting the Indiana Code.

Indiana Tobacco Laws
It is illegal for a person under the age of 18 to purchase or possess tobacco, and it is illegal to sell tobacco to a person under the age of 18. A person purchasing a tobacco product must have proper identification for proof of age. A fine of up to $500 may be imposed for such violations. Indiana law also prohibits smoking in public buildings (including all Ball State properties), except in designated smoking areas and private residence rooms (this includes some apartments in Scheidler Apartments but no residence hall rooms). A fine up to $500 may be imposed for such violations. 

Federal Student Financial Aid Recipients
Students who receive federal aid are required to disclose on the FAFSA any drug convictions that occurred while receiving federal aid. A drug conviction while receiving federal aid can result in suspension of eligibility and a requirement to return financial aid received during a period of ineligibility. Students who lose eligibility due to a drug conviction can seek restoration of eligibility.

Student Rights and Community Standards
L.A. Pittenger Student Center, Room L-4
2000 W. University Avenue
Muncie, IN 47306

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Summer hours: 7:30 a.m.-4 p.m.
Phone: 765-285-5036
Fax: 765-285-2856
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