The use, possession, sale, or transfer of narcotics, drugs or hallucinogens is prohibited on campus, except as permitted by law. The following policy appears in the Code of Student Rights and Responsibilities and in Appendix B:
The use, possession, sale, or transfer of narcotics, drugs or hallucinogens is prohibited on campus, except as permitted by law. The following policy appears in the Code of Student Rights and Responsibilities in 5.3.3:
Drugs - Using, possessing, selling, distributing, manufacturing, or transferring narcotics, illegal drugs, or prescription drugs, except as expressly permitted by law, or possessing drug paraphernalia which can be demonstrated to be linked to illegal drug activity.
The University will notify parents/guardians of students under 21 years of age when a student is found responsible for (1) a violation of the drug policy, (2) a second violation of the alcohol policy, and (3) on the first violation of the alcohol policy when one or more of the following occurs:
• the student demonstrates a reckless disregard for his or her personal safety or the safety of others;
• medical attention to any person, including the student, is required as a result of the student's alcohol related behavior;
• there is property damage;
• the student operates a motor vehicle under the influence of alcohol;
• the incident involves another serious violation;
• the student's alcohol-related behavior negatively impacts the learning environment.
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 Steroid
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.
Tobacco Under Indiana Law
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 BSU properties), except in designated smoking areas and private residence rooms. A fine up to $500 may be imposed for such violations.
Pell Grant Award Recipients
All students who receive Pell Grant awards are required to sign a certification and compliance statement, which is a part of the Ball State University financial aid application form. As a condition of the Pell Grant, the student agrees not to engage in the unlawful manufacture, distribution, possession or use of a controlled substance during the period covered by the grant. Violation of this agreement will lead to the cancellation of the grant. Under Federal regulations, all Pell Grant recipients have to remain drug-free (on and off campus) throughout the grant period or lose funds.