Drug-Free Workplace Policy

Purpose

Consistent with the requirements of the Drug Free Workplace Act of 1988, William Paterson University has a vital interest in providing safe and healthful working conditions for its employees, and in maintaining high standards of productivity. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that any illegal drug use or abuse of alcohol is, quite simply, incompatible with service to the University.

The Governor of the State of New Jersey issued on March 14, 1989, Executive Order 204, in compliance with federal law. This order, the Drug-Free Workplace Act, is a condition of continued employment by all public employees, including William Paterson University employees. This policy prohibits the unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances on University premises. Violation of this policy may result in the imposition of employment discipline up to and including termination as defined for specific employee categories by existing college policies, statutes, rules, regulations, employment contracts and labor agreements. In addition to campus rules, faculty and staff must obey applicable Federal, State, and local laws concerning drugs and alcohol and are subject to criminal and civil penalties. The University cooperates with municipal and other law enforcement authorities in enforcing these laws.

Employees who use illegal drugs or abuse alcohol tend to be less productive, less stable, and prone to greater absenteeism. They may pose health and safety risks to themselves and to their co-workers and others. This situation is particularly true in the case of drug use, whether it occurs on duty or off duty because many drugs can remain in the system for long periods of time after last being used.

William Paterson University prohibits on-the-job use of, or impairment from, alcohol and illegal drugs. An employee may be required to undergo medical testing if a supervisor has a "reasonable suspicion" that he or she is unable to perform job duties due to impairment, which may be caused by the use of alcohol or drugs.

The reasonable suspicion must be based on specific, reliable observations concerning the employee's appearance, behavior, speech or body odor. Some examples include, but are not limited to (1) unsteady gait, (2) odor of alcohol or illegal drugs on the breath or body, (3) thick or slurring speech, (4) aggressive or abusive language or behavior and (5) disorientation or lethargy. Other factors to consider include (1) time and attendance patterns, (2) on-the-job accidents (3) difficulty in remembering instructions or conversations (4) poor relationships with co-workers and supervisors (5) appearance (6) confusion and (7) deteriorating job performance.

If the cause of the impairment is found to be drug or alcohol related, the Office of Human Resources, in conjunction with the employee's supervisor, may refer the employee to voluntary and confidential participation in the Employee Assistance Program (EAP). Other available options include pursuing disability leave procedures or disciplinary measures.

Violations of the University's Drug-Free Workplace policy may be the subject of disciplinary action pursuant to University policy, federal and state law and collective bargaining agreements. University employees are also subject to criminal, civil, and disciplinary penalties for the distribution, possession, sale, or the attempt to sell illegal drugs both in the workplace and while performing in a work-related capacity.

In work locations where it is permitted, an employee may possess and use medication that is properly prescribed by the employee's physician so long as it does not interfere with work performance.

An employee may possess and use medication in the workplace as prescribed by that employee's physician. A person using such a prescribed drug is not breaking any law. However, addiction to, or misuse of, prescribed drugs could also subject an employee to medical testing and discipline under the University's Drug-Free Workplace policy.

Assistance in Overcoming Alcohol and Drug Problems

Early recognition and treatment for alcohol abuse or illegal drug use are important for successful rehabilitation and for reduced personal, family, workplace and social disruption. William Paterson University encourages the earliest possible diagnosis and treatment for alcohol or illegal drug use and whenever feasible will assist employees in overcoming drug or alcohol problems. However, the decision to seek diagnosis and accept treatment is primarily the individual employee's responsibility. Employees who voluntarily request assistance may do so without jeopardizing their continued employment, provided they make a request in a timely manner, and provided they strictly adhere to the terms of their treatment and counseling program. Any such program will require, at a minimum, the cessation of any use of alcohol or illegal drugs as a condition of returning to work.

Policy Violations

The following are violations of the University's Drug-Free Workplace Policy:

  1. Reporting to work or being at work with illegal drugs in the system or under the influence of alcohol;
  2. Reporting to work or being at work with prescribed drugs in the system in an amount exceeding the dosage requirement and/or use of prescribed drugs contrary to warning labels;
  3. The unauthorized possession of an illegal drug or alcohol on University premises, in a University supplied vehicle or during working hours;
  4. The sale or attempted sale, distribution or manufacture of an illegal drug on or off University
    premises;
  5. Without authorization, storing alcohol or any illegal drug or drug paraphernalia in a locker, desk, automobile or other area on University premises;
  6. Failure to adhere to the requirements of any University required drug or alcohol treatment or counseling program in which the employee is enrolled;
  7. Conviction for a drug offense and/or failure to notify the University of such conviction within 5 days after the conviction.

Testing

Any employee may be required to submit a urine and/or blood sample for testing for illegal drugs or alcohol in any of the following circumstances:

  1. When a supervisor or managerial employee determines that "reasonable suspicion" exists based on observations of conduct, reactions, job performance, work habits, physical symptoms, or appearance of the employee are indicative of the use of illegal drugs or being under the influence of alcohol while on the premises or during working hours.
  2. When a supervisor or managerial employee receives information from a credible source that an employee used illegal drugs or is under the influence of alcohol while on the premises or during working hours or immediately before reporting to work.
  3. When an employee is involved in an accident or incident during working hours which caused or contributed to substantial injury to person or property or where there is evidence that it may have resulted, in whole or part, from his/her use of illegal drugs or being under the influence of alcohol.

Safety-Sensitive Positions

An employee in a safety-sensitive position may be required to submit a urine, breathalyzer and/or blood sample for testing for drugs or alcohol at any time and for any reason and without advance notification. The positions that have been determined to be "safety-sensitive" are all public safety employees including public safety officers and campus police.

Employees Required to Possess Commercial Driver's License

An employee whose position requires a commercial driver's license will be required to submit to testing consistent with University Policy and the Omnibus Transportation Employee Testing Act of 1991 and its attendant regulations.

Testing Administration

Methods for Drug Testing

  • Drug testing will be conducted by an outside agency with which the University has an agreement for this purpose. Highly accurate testing methods will be used.
  • The employee provides a urine specimen in a location that affords privacy; and the "collector" seals and labels the specimen, completes a chain of custody document, and prepares the specimen and accompanying paperwork for shipment to a drug testing laboratory.
  • The drug testing procedures include an instant urine drug-screen. When the instant drug-screen is non-negative, the specimen is sent to a Substance Abuse and Mental Health Services Administration (SAMSA) certified laboratory for confirmation. When a confirmed positive test returns from the laboratory, a Medical Review Officer, who is a certified drug and alcohol screening expert, will determine if there is legal/medical reason for any positive test (i.e. prescription drugs). This procedure essentially provides an opportunity for a "second opinion."

All urine specimens are analyzed for the following drugs:  

  • Marijuana (THC metabolite)
  • Cocaine
  • Amphetamines
  • Opiates (including heroin)
  • Phencyclidine (PCP)

Methods of Testing for Alcohol

  • Breath testing using Evidential Breath Testing (EBT) devices approved by the National Highway Traffic Safety Administration (NHTSA) will be administered. The NHTSA periodically publishes a list of approved devices in the Federal Register.
  • Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.08 % alcohol concentration is considered a "negative" test. An alcohol concentration of 0.08% or greater is considered to be "under the influence" in the state of New Jersey for operating a motor vehicle. If the alcohol concentration is 0.08 % or greater, a second confirmation test must be conducted.
  • The employee and the individual conducting the breath test (called a Breath Alcohol Technician (BAT)) complete the alcohol testing form to ensure that the results are properly recorded.
  • The confirmation test, if required, must be conducted using an EBT that prints out the results, date and time, a sequential test number, and the name and serial number of the EBT to ensure the reliability of the results. The confirmation test results determine any actions taken.

Testing is not necessarily required as a condition to the University taking disciplinary action, including discharge, against an employee who violates this Policy.

The sample will be tested for the presence of drugs and/or alcohol only, and for no other purpose. A "positive" test represents a violation of the policy. Switching, adulterating, or tampering with any urine sample submitted for testing is also a violation.

Authorized Use of Prescribed Medication

An employee undergoing prescribed medical treatment with any drug that may interfere with his or her ability to perform the essential functions of the job may voluntarily disclose this treatment to the Office of Human Resources. If necessary, the University will seek medical consultation or obtain medical documentation to determine whether to provide a reasonable accommodation to permit the employee to perform the essential functions of the job. Such consultation and/or documentation will be treated confidentially to the extent required by law.

Inspections

Where there are or have been violations of the Drug-Free Workplace Policy, William Paterson University may conduct inspections of property and personal effects. This includes, but is not limited to property contained in desks, lockers, vehicles, purses, brief cases, packages, lunch boxes and clothing. If an employee's consent to such inspection is requested, a refusal to consent to such inspection will be a violation of this policy.

Consequences of Violation of this Policy

Violation of the Drug-Free Workplace Policy may result in severe disciplinary actions, including discharge for a first offense, at the University's sole discretion. In addition, the University may, in its sole discretion, refer such an employee to a treatment and counseling program for alcohol or drug use. Under certain circumstances, the University may require an employee to successfully complete a treatment and counseling program for alcohol or drug use.

The University will promptly terminate any employee who uses alcohol or illegal drugs while undergoing University required counseling and treatment for alcohol or drug use. Employees who undergo counseling and treatment for substance abuse and who continue to work must meet all other established standards of conduct and job performance. Further, additional testing on a random basis for a period of time established by the University may be a condition of continued employment.

Condition of Employment

Compliance with the Drug-Free Workplace Policy is a condition of employment or continued employment. Failure or refusal of an employee to adhere to the "Fitness for Duty Determination" procedures or this policy, including failure to sign any required document, submit to any inspection or test, or to follow any prescribed course of treatment by the University's EAP or other approved substance abuse treatment provider may be will be grounds for discipline up to and including termination.

Support Services Available

The Employee Assistance Program (EAP) is a service for William Paterson University faculty and staff and their household members. The EAP offers short term counseling and referral for problems ranging from work-related concerns to personal difficulties that affect an individual’s everyday life. Employees who are being affected with substance abuse issues should contact the EAP for a consultation with a counselor. The William Paterson University, Office of Human Resources has arranged with CONCERN EAP to provide this service to employees and their household members at no cost.

For a confidential consultation or appointment, call the CONCERN Employee Assistance Program offices at 1-800-242-7371. Additional information can be found at the following link:

http://www.wpunj.edu/human-resources/employee-assistance-program/

Alcoholic Beverages at Campus Events

  • The following locations are licensed for the serving of beer and wine at scheduled social functions only:

a. Student Center Cafeteria

b. Student Center Ballroom

c. Student Center Terraces

d. Student Center Restaurant

e. Student Center Restaurant Terrace

f. Student Center Second Floor Conference Rooms

g. Wayne Dining Hall

h. Any other defined licensed area

The sale, service and/or consumption of alcohol in locations not listed above, or not part of a scheduled social function with authorized alcohol service, is strictly prohibited. Persons under the legal drinking age shall neither consume nor be served alcohol at such events.

  • No student activities fees may be used for the purchase of alcohol.
  • Any marketing, advertising, and promotion of alcohol on campus is prohibited. No publicity distributed or posted about special events on or off campus shall indicate the availability of alcohol except to indicate legal age requirements for admission. Servers at such on-campus events shall have been trained in appropriate responsible hospitality practices.
  • Deliveries of alcohol to the campus may not be made by liquor stores or distributors unless specifically authorized. All deliveries to residence halls are prohibited.
  • Carrying or transporting open containers of alcohol is prohibited.

NEW JERSEY STATUES REGARDING PURCHASE/CONSUMPTION OF ALCOHOL

The purchase and consumption of alcohol is a right extended by the State of New Jersey. The legal age to purchase and consume alcoholic beverages in the State of New Jersey is twenty-one. (N.J.S.A. 9:17b-1)

A. Possession or Consumption of Alcoholic beverages by persons under legal age (N.J.S.A. 2C:33-15) – Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle is guilty of a disorderly persons offense and shall be fined not less than $500.

B. Purchase of Alcohol by/for the Underaged (N.J.S.A. 33:1-81) – An underaged person who purchases or attempts to purchase alcohol, or who misstates his/her age, or a person of legal age who purchases alcohol for an underaged person(s) faces a conviction of a disorderly persons offense, which incurs a fine of not less than $500 and loss of license for six months. In addition, underaged persons may be required to participate in a state-sponsored alcohol education program.

C. Offering Alcoholic Beverages to Underage Person (N.J.S.A. 2C:33-17) – Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person. This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite.

D. Transfer of ID (N.J.S.A. 33:1-81.7) – Someone who is underaged and uses another person’s ID card to obtain alcohol, or someone of legal age who gives his/her ID card to an underaged person so that s/he can obtain alcohol, faces a fine of up to $300 or up to 60 days in jail.

E. False ID (N.J.S.A. 2C:21-2.1 d) – A person who knowingly possesses a document or other writing which falsely purports to be a driver’s license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information is guilty of a crime in the fourth degree.

F. Host/Hostess Liability – A host or hostess who serves alcohol to a minor can be held liable for injuries and damages caused by the minor in a motor vehicle accident. Under a 1984 New Jersey Supreme Court decision, Kelly vs. Gwinnell, a host or hostess who serves alcoholic beverages to an adult guest, knowing that the guest is intoxicated and will soon be driving, can also be held liable for injuries inflicted on a third party if that guest is involved in a motor vehicle accident.

G. Driving While Intoxicated

  • Operating Motor Vehicles While Under the Influence of Intoxicants (N.J.S.A. 39:4-50)

    DEFINITION: A person is said to be legally drunk in New Jersey if his/her blood alcohol concentration is at or above 0.08%.

    PENALTIES: All persons convicted of DWI must pay an insurance surcharge of $1,000 per year for three years. In addition:

  • For the first offense, there are additional fines and charges of at least $500 (bringing the total minimum charges for a first offense to $3,500); loss of license for 3-12 months with mandatory installation of an ignition interlock system during and after license suspension; and a requirement to spend 12-48 hours in an Intoxicated Driver Resource Center. A first-time offender also faces a possible 30-day jail term.
  • For a second offense, there are additional fines and charges of at least $720 - $1000; loss of license for 2 years with mandatory installation of an ignition interlock system during and after license suspension; a requirement to perform 30 days of community service and to spend 48 hours in an Intoxicated Driver Resource Center. Also, there is a possible 90-day jail term.
  • For a third offense, additional fines and charges of at least $1,220; loss of license for 10 years with mandatory installation of an ignition interlock system during and after license suspension; and a 180-day jail term. The insurance surcharge for a third-time offender is $1,500 per year for three years. These fines and charges do not include court and legal fees.
  • Driving While License Is Suspended Due to DWI (N.J.S.A. 39.3-40) – If a person is found driving while his/her license is suspended due to a conviction for Driving While Intoxicated, that person upon conviction again shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days. Second and subsequent convictions for driving during a license suspension carry additional penalties including revocation of motor vehicle registration.
  • Refusal to Take the Breathalyzer Test (N.J.S.A. 39:4-50.4a) – Refusal to take the breathalyzer test where there is probable cause for arrest for DWI will result in up to 10 year loss of license, a fine of $300-$1000, and an obligation to satisfy the requirements of an alcohol education or rehabilitation program. A person can also be convicted of DWI without the results of a breathalyzer test. In that case, s/he will suffer all the additional fines and penalties specified for the DWI conviction.

(Any of the statutes in the 2C:33 chapter which includes underage possession of alcohol and providing alcohol to a minor carries with it a mandatory loss of drivers license from a minimum of 6 months to a maximum of 2 years.)

TOWNSHIP OF WAYNE ORDINANCES REGARDING CONSUMPTION OF ALCOHOL WITHIN CITY LIMITS

ARTICLE VII Consumption in Public Areas (§ 38-29 — § 38-31)

§ 38-29  Definitions

As used in this Part 2, the following words shall have the meanings indicated:

PUBLIC AREA

A.  Public parks, playgrounds, trails, paths and other recreational areas.

B.  Other public and semipublic open spaces, including but not limited to public streets, parking lots and garages, walkways, sidewalks and rest areas and areas described in Schedule VII of Chapter 200 .

C. Scenic and historic sites.

D. Sites for schools and other public buildings and structures.

E. The interior of a private motor vehicle, while the same is in motion or parked in any public street, lane or public parking lot or other public or quasi-public area or place.

[Added 10-20-82 by Ord. No. 67-1982]

§ 38-30  Permit required. 

[Amended 10-20-1982 by Ord. No. 67-1982]

A.  No person or persons shall consume alcoholic beverages, nor have in his possession any opened alcoholic container with unconsumed alcoholic beverage therein, in a public area within the limits of the Township of Wayne, without first having obtained a permit allowing such consumption in such public area, said permit to be obtained from the office of the Township Clerk, with the approval of the appropriate governmental agency.

B.  No person shall discard an alcoholic beverage container upon any public street, lane, sidewalk, public parking lot, public or quasi-public area or place or upon any private property not his own without the express consent of the owner.

§ 38-31  Violations and penalties. 

[Amended 10-20-1982 by Ord. No. 67-1982; 9-21-1988 by Ord. No. 54-1988]

See §  1-15 , Violations and penalties.

[Amended 5-15-1991 by Ord. No. 26-1991; 8-18-2004 by Ord. No. 54-2004; 3-1-2006 by Ord. No. 15-2006]

A.  Unless another penalty is specifically provided elsewhere in the Code or in a law of the state or federal government, any person who violates any provision of this chapter, any other chapter of this Code or any other ordinance of the Township shall, upon conviction, be punishable by a fine of not more than $2,000 or imprisonment for a term not to exceed 90 days or by a period of community service not to exceed 90 days. Each day that such violation continues shall be deemed a separate offense.

B.  Notwithstanding the foregoing provisions to the contrary, a fine in an amount greater than $1,250 for violations of housing or zoning codes may not be imposed unless the owner has been provided a thirty-day period in which the owner shall be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250, but not exceeding $2,000, may be imposed if a court has not determined otherwise, or upon reinspection of the property, it is determined that the abatement has not been substantially completed.

ARTICLE VIII  Possession or Consumption on Private Property (§ 38-32 — § 38-34) 

[Added 11-6-2002 by Ord. No. 76-2002]

§ 38-32  Definitions.

As used in this article, the following words shall have the meaning indicated:

GUARDIAN

A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

RELATIVE

The underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

§ 38-33  Possession or consumption prohibited on private property. 

Except as hereinafter provided, it shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property. The provisions of this article shall not apply to:

A.  Any underage person who consumes or possesses an alcoholic beverage in connection with a religious observance, ceremony, or rite, or consumes or possesses an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

B.  Any underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a County vocational school or post-secondary educational institution.

§ 38-34  Violations and penalties. 

A.  Any person convicted of a violation of this article shall be subject to a fine of $250 for the first offense, and $350 for any subsequent offense.

B.  Upon conviction the court may, in addition to the fine, suspend or postpone for six months the driving privilege of the defendant. In the event a driver's license is suspended, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reached the age of 17 years.

(1)  If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last day of the license suspension period imposed by the court.

(2)  The court shall also inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, that person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

C.  If the person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

NEW JERSEY STATUTES REGARDING POSSESSION/DISTRIBUTION/USE OF CONTROLLED SUBSTANCES

  • Leader of Narcotics Trafficking Network, ( N.J.S.A. 2C:35-3) provides penalties for a person found to have acted as an organizer, supervisor, manager or financier of a scheme distributing any Schedule I or II drug.
  • Maintaining or Operating a Controlled Dangerous Substance (CDS) Production Facility, ( N.J.S.A. 2C:35-4) provides that such conduct is a first degree crime punishable by imprisonment and fines.
  • Manufacturing, Distributing, or Dispensing ( N.J.S.A. 2C:35-5) provides that such conduct results in imprisonment and fines.
  • Distribution, Manufacture or Possession with Intent to Distribute Anabolic Steroids ( N.J.S.A. 2C:35-5.1) provides that such conduct is a third degree crime punishable by imprisonment and fines.

 

  • Using a Juvenile in a Drug Distribution Scheme ( N.J.S.A. 2C:35-6) provides that such conduct is a second degree crime punishable by imprisonment and fines.
  • Drug-Free School Zones ( N.J.S.A. 2C:35-7) provides that any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance within 1,000 feet of school property is guilty of a crime of the third degree.
  • Distribution to Persons Under Eighteen or Pregnant Females ( N.J.S.A. 2C:35-8) provides that such conduct carries a penalty of fines and imprisonment.
  • Strict Liability for Drug-Induced Death ( N.J.S.A. 2C:35-9) provides that such a situation is a first degree crime, same as murder, but no intent need be shown, only that death resulted as a result of the use of a drug supplied by the defendant.
  • Possession, Use, Being Under the Influence, or Failure to Make Lawful Disposition ( N.J.S.A. 2C:35-10) provides that such conduct carries penalties of imprisonment and fines.
  • Imitation Controlled Dangerous Substance (CDS),( N.J.S.A. 2C:35-11) provides that dispensing or distributing a substance falsely purported to be a CDS is a third degree crime, and can carry a fine up to $200,000.

Paraphernalia

Drug paraphernalia is defined as “ ...all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance... including... roach clips... bongs... pipes...”

  • Use or Possession with Intent to Use, Narcotic Paraphernalia,( N.J.S.A. 2C:36-2) provides that such conduct carries a disorderly persons offense.
  • Distribute, Dispense, Possess with Intent to, Narcotics Paraphernalia ( N.J.S.A. 2C:36-3) provides that such conduct is a fourth degree crime.
  • Advertise to Promote Sale of Narcotics Paraphernalia, ( N.J.S.A. 2C:36-4) provides that such conduct is a fourth degree crime.
  • Delivering Paraphernalia to Person Under Eighteen Years ( N.J.S.A. 2C:36-5) provides that such conduct constitutes a third degree crime.
  • Possession or Distribution of Hypodermic Syringe ( N.J.S.A. 2C:36-6) provides that such conduct constitutes a disorderly persons offense.
  • Driving While Intoxicated (N.J.S.A. 39:4-50) provides that a person who operates a motor vehicle while under the influence of intoxicating … narcotic, hallucinogenic or habit-producing drugs is subject to the same penalties stated in G above, including loss of license, as for a driver who is intoxicated through use of alcohol.
  • Driving While License is Suspended Due to DWI (N.J.S.A. 39:3-40). If a person is found driving while his/her license is suspended due to a conviction for Driving While Intoxicated, that person upon conviction again shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days. Second and subsequent convictions for driving during a license suspension carry additional penalties including revocation of motor vehicle registration.

FEDERAL OFFENSES RELATED TO ALCOHOLIC BEVERAGES AND DRUGS

The Controlled Substance Act (21 U.S.C. 841) makes it a federal crime: (a) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (b) to create, distribute, or dispense, or possess with intent to distribute or dispense a counterfeit substance.

Classification of Controlled Substances

The U.S. Code establishes, and authorizes the U.S. Attorney General to revise as needed, classifications of controlled substances. The drugs are each classified in five “schedules”, Schedule I being comprised essentially of “street drugs” and Schedule V being comprised of drugs with a “low potential for abuse” when compared with drugs in Schedules I-IV. Examples of Schedule I drugs are heroin and marijuana. Cocaine and codeine are Schedule II drugs. Amphetamines and anabolic steroids are Schedule III drugs, while Barbital is a Schedule IV drug. An example of a Schedule V drug would be a prescription medication with not more than 200 mg. of codeine per 100 grams.

Penalties for Violations of Federal Drug Laws

Under U.S. federal law, a first offense of illegal possession of a controlled substance can be punished by jail terms of not more than one (1) year and minimum $1,000 fine, or both. Federal possession and trafficking convictions can also lead to the forfeiture of property (e.g. your car).

Activities which violate federal laws concerning illicit possession, use, and distribution of alcoholic beverages and drugs include, but are not limited to, the following:

21 U.S.C. 841 makes it a crime: (a) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (b) to create, distribute, or dispense, or possess with intent to distribute or dispense, or counterfeit substance.

An up to date list of federal drug trafficking penalties (by schedule) can be found online .

  HEALTH RISKS ASSOCIATED WITH USE OF ILLICIT DRUGS AND ABUSE OF ALCOHOL

Marijuana

• Commercial and street names include blunt, dope, ganja, grass, herb, joints, Mary Jane, pot, reefer, sinsemilla, skunk and weed.

• Schedule I drug

• Usually smoked or swallowed

• Intoxicating effects include euphoria, slowed thinking and reaction time, confusion, impaired balance and coordination.

• Potential health consequences include cough, frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, panic attacks, tolerance and addiction.

Hashish

• Commercial and street names include boom, chronic, gangster, hash, hash oil and hemp.

• Schedule I drug

• Usually smoked or swallowed

• Intoxicating effects include euphoria, slowed thinking and reaction time, confusion, impaired balance and coordination.

• Potential health consequences include cough, frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, panic attacks, tolerance and addiction.

Depressants

Barbiturates

• Commercial and street names include Amytal, Nembutal, Seconal, Phenobarbital, barbs, reds, red birds, phennies, tooties and yellows

• Schedule II, III, V drug

• Usually injected or swallowed

• Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure, poor concentration, sedation and drowsiness.

• Potential health consequences include fatigue, confusion, impaired coordination, addiction, respiratory depression and arrest, depression, fever, irritability, poor judgment, slurred speech, dizziness, life-threatening withdrawal and death.

Benzodiazepines

• Commercial and street names include Ativan, Halcion, Librium, Valium, Xanax, candy, downers, sleeping pills and tranks.

• Schedule IV drug

• Usually swallowed or injected

• Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure, poor concentration, sedation and drowsiness.

• Potential health consequences include dizziness, fatigue, confusion, impaired coordination, addiction, respiratory depression and arrest and death.

Flunitrazepam (Associated with Sexual assaults)

• Commercial and street names include Rohypnol, forget-me pill, Mexican Valium, R2, Roche, roofies, roofinol, rope and rophies.

• Schedule IV drug

• Usually swallowed or snorted

• Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure and poor concentration.

• Potential health consequences include fatigue, confusion, impaired coordination, addiction, respiratory depression and arrest, visual and gastrointestinal disturbances, urinary retention, memory loss for the time under the drug’s effects and death.

GHB (Associated with Sexual assaults)

• Commercial and street names include gamma-hydroxybutyrate, G, Georgia home boy, grievous bodily harm and liquid ecstasy.

• Schedule I drug

• Usually swallowed

• Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing; lowered blood pressure and poor concentration.

• Potential health consequences include fatigue, confusion, addiction, respiratory depression and arrest, drowsiness, nausea/vomiting, headache, loss of consciousness, loss of reflexes, seizures, coma and death.

Methaqualone

• Commercial and street names include Quaalude, Sopor, Parest, ludes, mandrex, quad and quay

• Schedule I drug

• Usually injected or swallowed

• Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure, poor concentration and euphoria.

• Potential health consequences include fatigue, confusion, addiction, respiratory depression and arrest, depression, poor reflexes, slurred speech, coma and death.

Dissociative Anesthetics

Ketamine

• Commercial and street names include Ketalar SV, cat Valiums, K, Special K, vitamin K

• Schedule III drug

• Usually injected, swallowed or smoked

• Intoxicating effects include increased heart rate and blood pressure and impaired motor function.

• Potential health consequences include memory loss, numbness, nausea/vomiting at high doses, delirium, depression, respiratory depression and arrest.

PCP and analogs

• Commercial and street names include phencyclidine, angel dust, boat, hog, love boat and peace pill

• Schedule I, II drug

• Usually injected, swallowed or smoked

• Intoxicating effects include increased heart rate and blood pressure and impaired motor function.

• Potential health consequences include memory loss, numbness, nausea/vomiting possible decrease in blood pressure and heart rate, panic, aggression, violence/loss of appetite and depression.

Hallucinogens

LSD

• Commercial and street names include lysergic acid diethylamide, acid, blotter, boomers, cubes, microdot and yellow sunshines

• Schedule I drug

• Usually swallowed, absorbed through mouth tissues

• Intoxicating effects include altered states of perception and feeling.

• Potential health consequences include nausea, persistent mental disorders, persisting perception disorder (flashbacks), increased body temperature and heart rate, loss of appetite, sleeplessness,

numbness, weakness and tremors.

Mescaline

• Commercial and street names include buttons, cactus, mesc and peyote

• Schedule I drug

• Usually swallowed or smoked

• Intoxicating effects include altered states of perception and feeling.

• Potential health consequences include nausea, persisting perception disorder (flashbacks), increased body temperature and heart rate, loss of appetite, sleeplessness, numbness, weakness and tremors.

Psilocybin

• Commercial and street names include magic mushroom, purple

passion and shrooms

• Schedule I drug

• Usually swallowed

• Intoxicating effects include altered states of perception and feeling.

• Potential health consequences include nausea, persisting perception disorder (flashbacks), nervousness and paranoia.

Opioids and Morphine Derivatives

Codeine

• Commercial and street names include Empirin with Codeine, Fiorinal with Codeine, Robitussin A-C, Tylenol with Codeine, Captain Cody, Cody, doors & fours, loads, pancakes and syrup

• Schedule II, III, IV drug

• Usually injected or swallowed

• Intoxicating effects include pain relief, euphoria and drowsiness.

• Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma and death.

Fentanyl and Fentanyl analogs

• Commercial and street names include Actiq, Duragesic, Sublimaze, Apache, China girl, China white, dance fever, friend, goodfella, jackpot, murder 8, TNT, Tango and Cash

• Schedule I, II drug

• Usually injected, smoked or snorted

• Intoxicating effects include pain relief, euphoria and drowsiness.

• Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma and death.

Heroin

• Commercial and street names include diacetylmorphine, brown sugar, dope, H, horse, junk, skag, skunk, smack and white horse

• Schedule I drug

• Usually injected, smoked or snorted

• Intoxicating effects include pain relief, euphoria, drowsiness and staggering gait

• Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma and death.

Morphine

• Commercial and street names include Roxanol, Duramorph, M, Miss Emma, monkey and white stuff

• Schedule II, III drug

• Usually injected, swallowed or smoked

• Intoxicating effects include pain relief, euphoria and drowsiness

• Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma and death.

Opium

• Commercial and street names include laudanum, paregoric, big O, black stuff, block, gum and hop

• Schedule II, III drug

• Usually swallowed or smoked

• Intoxicating effects include pain relief, euphoria and drowsiness

• Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma and death.

Oxycodone HCL

• Commercial and street names include Oxycontin, Oxy, O.C. and killer

• Schedule II drug

• Usually swallowed, snorted or injected

• Intoxicating effects include pain relief, euphoria and drowsiness

• Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma and death.

Hydrocodone bitartrate, Acetaminophen

• Commercial and street names include Vicodin, vike, Watson-387

• Schedule II drug

• Usually swallowed

• Intoxicating effects include pain relief, euphoria and drowsiness

• Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma and death.

Stimulants

Amphetamine

• Commercial and street names include Biphetamine, Dexedrine, bennies, black beauties, crosses, hearts, LA turnaround, speed, truck drivers and uppers

• Schedule II drug

• Usually injected, swallowed, smoked or snorted

• Intoxicating effects include increased heart rate, blood pressure, metabolism; feelings of exhilaration, increased mental alertness

• Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, rapid breathing/tremor, loss of coordination, irritability, anxiousness, restlessness, delirium, panic, paranoia, impulsive behavior, aggressiveness, tolerance, addiction and psychosis.

Cocaine

• Commercial and street names include Cocaine hydrochloride, blow, bump, C, candy, Charlie, coke, crack, flake, rock, snow, toot

• Schedule II drug

• Usually injected, smoked or snorted

• Intoxicating effects include increased heart rate, blood pressure, metabolism; feelings of exhilaration, increased mental alertness and increased temperature

• Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, chest pain, respiratory failure, nausea, abdominal pain,

strokes, seizures, headaches, malnutrition and panic attacks.

MDMA (methylenedioxy-methamphetamine)

• Commercial and street names include Adam, clarity, ecstasy, Eve, lover’s speed, peace, STP, X, XTC

• Schedule I drug

• Usually swallowed

• Intoxicating effects include increased heart rate, blood pressure, metabolism; feelings of exhilaration, increased mental alertness mild hallucinogenic effects, increased tactile sensitivity and empathic feelings

• Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, impaired memory and learning, hyperthermia, cardiac toxicity, renal failure and liver toxicity.

Methamphetamine

• Commercial and street names include Desoxyn, chalk, crank, crystal, fire, glass, go fast, ice, meth and speed

• Schedule II drug

• Usually injected, swallowed, smoked, snorted

• Intoxicating effects include increased heart rate, blood pressure, metabolism; feelings of exhilaration and increased mental alertness

• Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, aggression, violence, psychotic behavior/memory loss, cardiac and neurological damage, impaired memory and learning, tolerance and addiction.

Methylphenidate (safe and effective for treatment of ADHD)

• Commercial and street names include Ritalin, JIF, MPH, R-ball, Skippy, the smart drug and vitamin R

• Not Scheduled

• Usually injected, swallowed, snorted

• Intoxicating effects include increased heart rate, blood pressure, metabolism; feelings of exhilaration and increased mental alertness

• Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness and insomnia.

Nicotine

• Commercial and street names include cigarettes, cigars, smokeless tobacco, snuff, spit tobacco, bidis and chew

• Not Scheduled

• Usually smoked, snorted, taken in snuff and spit tobacco

• Intoxicating effects include increased heart rate, blood pressure, metabolism; feelings of exhilaration and increased mental alertness

• Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, adverse pregnancy outcomes, chronic lung disease, cardiovascular disease, stroke, cancer, tolerance and addiction.

Other Compounds

Anabolic steroids

• Commercial and street names include Anadrol, Oxandrin, Durabolin, Depo-Testosterone, Equipoise; roids and juice

• Schedule III drug

• Usually injected, swallowed, applied to skin

• No intoxication effects

• Potential health consequences include hypertension, blood clotting and cholesterol changes, liver cysts and cancer, kidney cancer, hostility and aggression, acne; in adolescents, premature stoppage of growth; in males, prostate cancer, reduced sperm production, shrunken testicles, breast enlargement; in females,

menstrual irregularities, development of beard and other masculine characteristics.

Inhalants

• Commercial and street names include Solvents (paint thinners, gasoline, glues), gases (butane, propane, aerosol propellants, nitrous oxide), nitrites (isoamyl, isobutyl, cyclohexyl), laughing gas, poppers, snappers and whippets

• Not Scheduled

• Usually inhaled through nose or mouth

• Intoxicating effects include stimulation, loss of inhibition, headache, nausea or vomiting, slurred speech and loss of motor coordination

• Potential health consequences include wheezing/unconsciousness, cramps, weight loss, muscle weakness, depression, memory impairment, damage to cardiovascular and nervous systems and sudden death.

Alcohol

• Ethyl alcohol, a natural substance formed by the fermentation that occurs when sugar reacts with yeast, is the major active ingredient in wine, beer, and distilled spirits.

• Ethyl alcohol can produce feelings of well-being, sedation, intoxication, unconsciousness, or death, depending on how much is consumed and how fast it is consumed.

Alcohol is a “psychoactive” or mind-altering drug as are narcotics and tranquilizers. It can alter moods, cause changes in the body, and become habit forming. Alcohol depresses the central nervous system and too much can cause slowed reactions, slurred speech, and unconsciousness.

Chronic use of alcohol has been associated with such diseases as alcoholism, and cancers of the liver, stomach, colon, larynx, esophagus, and breast. Alcohol abuse can also lead to damage to the brain, pancreas and kidneys; high blood pressure, heart attacks, and strokes; hepatitis and cirrhosis of the liver; stomach and duodenal ulcers; colitis; impotence and infertility; and premature aging.

Abuse of alcohol has been linked to birth defects and Fetal Alcohol Syndrome.

Rev. 2010.