Drug Free Schools

Contents

Biennial Review of Drug Prevention Efforts
NMSU Standard of Conduct
NMSU Policies
State Law
Federal Laws
Health Risks of Alcohol and Other Drugs
University Penalties
Available Drug and Alcohol Counseling or Rehabilitation Services


Biennial Review of Drug Prevention Efforts

The Office of the Dean of Students at New Mexico State University gathers information from university offices and departments throughout the system which deals with substance abuse for this biennial review. Programs and departments contributing to this report includes: Wellness Alcohol Violence Education (WAVE), Counseling Center, Employee Assistance Program, Student Success Center, Student Health Center, Campus Activities, Greek Affairs, Athletics, Student Judicial Services, Human Resource Services, and the NMSU Police Department.

See the Biennial Review of Drug Prevention Efforts – September 1, 2012 to August 31, 2014

NMSU Standard of Conduct

A student who, by a preponderance of the evidence, under the Student Social Code of Conduct, is found to have illegally possessed, used, sold or distributed any drug, narcotic, or controlled substance, whether the infraction is found to have occurred on or off campus, shall be subject to discipline, ranging from a warning to expulsion. Mitigating or aggravating factors in assessing the proper level of discipline shall include, but not necessarily be limited to, the student’s motive for engaging in the behavior; disciplinary history; effect of the behavior on the safety and security of the university or college community; and the likelihood that the behavior will recur. A student who has been suspended, dismissed, or expelled from any NMSU campus shall be ineligible to enroll at any other NMSU campus during the applicable period of discipline.

Policy 3.40 Drug Free Workplace prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in all university workplaces. University employees who violate this prohibition are subject to the sanctions set forth in Policy 8.30 Disciplinary Action/Involuntary Termination, including discharge.

NMSU Policies

See the NMSU Policy Manual

Policy 3.05 – Alcohol at NMSU, Including Sanctioned Events

Within the university setting, faculty, staff and students must demonstrate a mutual respect and commitment to the institution’s educational mission while at the same time fostering diversity of opinion, freedom of choice, and responsibility. In this regard, the university respects the right of those of legal age to consume alcohol if they so choose, providing they do so in accordance with this policy and all applicable laws.

Policy 3.40 – Drug-Free Workplace

The unlawful possession, use, or distribution of illicit drugs and alcohol on its property or as part of any of its activities is prohibited and a violation of university policy.

Policy 3.101 – Student Social Code of Conduct

To assist students in becoming responsible members of the community, through notice of their rights and responsibilities, including the university’s expectations for student conduct, and provision of fair investigative hearing and appeal processes by which students will be held accountable for their actions.

See the Student Social Code of Conduct: Part III: Standards for Student Social Conduct

State Law

NM Controlled Substances Act: Chapter 30, Section 31, Parts 1-41

Trafficking controlled substances (30-31-20 NMSA 1978, et seq.):

Manufacturing, sale, or distribution – 1st offense 2nd degree Felony Fine up to $10,000, Prison up to 9 years, or both
Manufacturing, sale, or distribution – 2nd or subsequent offenses 1st degree Felony Fine up to $15,000, Prison up to 18 years, or both

Distribution to a minor (30-31-21 NMSA 1978, et seq.):

Marijuana – 1st offense 3rd degree Felony Fine up to $5,000, Prison up to 3 years, or both
Marijuana – 2nd or subsequent offenses 2nd degree Felony Fine up to $10,000, Prison up to 9 years, or both
Any other controlled substance – 1st offense 2nd degree Felony Fine up to $10,000, Prison up to 9 years, or both
Any other controlled substance – 2nd or subsequent offenses 1st degree Felony Fine up to $15,000, Prison up to 18 years, or both

Distribution of controlled or counterfeit substances (30-31-22 NMSA 1978, et seq.):

Marijuana or synthetic cannabinoids – 1st offense under 100 lbs. 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both
Marijuana or synthetic cannabinoids – 2nd or subsequent offenses under 100 lbs. 3rd degree Felony Fine up to $5,000, Prison up to 3 years, or both
Marijuana or synthetic cannabinoids – 1st offense over 100 lbs. 3rd degree Felony Fine up to $5,000, Prison up to 3 years, or both
Marijuana or synthetic cannabinoids – 2nd or subsequent over 100 lbs. 2nd degree Felony Fine up to $10,000, Prison up to 9 years, or both
Any other controlled substance in Schedule I, II, III, or IV, except as listed below – 1st offense 3rd degree Felony Fine up to $5,000, Prison up to 3 years, or both
Any other controlled substance in Schedule I, II, III, or IV, except as listed below – 2nd or subsequent offense 2nd degree Felony Fine up to $10,000, Prison up to 9 years, or both
Any controlled substance in Schedule V Misdemeanor Fine $100 – $500, Jail 180 – 364 days, or both
Gamma hydroxybutyric acid (GHB) or Flunitrazepam with intent to commit a crime against that person, including criminal sexual penetration – 1st offense 3rd degree Felony Fine up to $5,000, Prison up to 3 years, or both
Gamma hydroxybutyric acid (GHB) or Flunitrazepam with intent to commit a crime against that person, including criminal sexual penetration – 2nd or subsequent offense 2nd degree Felony Fine up to $10,000, Prison up to 9 years, or both
Counterfeit substances in Schedule I, II, III, or IV 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both
Counterfeit substance in Schedule V Petty Misdemeanor Fine up to $100, Jail up to 6 months, or both

Penalties for illegal drug possession (30-31-23 NMSA 1978, et seq.):

1 oz of marijuana or synthetic cannabinoids – 1st offense Petty misdemeanor Fine $50 – $100, Jail up to 15 days, or both
1 oz of marijuana or synthetic cannabinoids – 2nd and subsequent offenses Petty misdemeanor Fine $100 – $1,000, Jail up to 1 year, or both
Over 1 oz but under 8 oz of marijuana or synthetic cannabinoids Misdemeanor Fine $100 – $1,000, Jail up to 1 year, or both
8 oz or more marijuana or synthetic cannabinoids 4th degree Felony Fine up to $5,000, Prison up to 18 months
For possession of Schedule I, II, III, or IV controlled substances, or analogs thereof, except for those substances listed below Misdemeanor Fine of $500 – $1,000, Jail up to 1 year, or both
Phencyclidine (PCP), or derivatives, salts, isomers, analogs, etc. 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both
Methamphetamines, or derivatives, salts, isomers, analogs, etc. 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both
Flunitrazepam, or derivatives, salts, isomers, analogs, etc. 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both
Gamma hydroxybutyric acid (GHB), or derivatives, salts, isomers, analogs, etc. 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both
Narcotic drugs enumerated in Schedule I or II, or derivatives, salts, isomers, analogs, etc. 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both

Falsely obtaining or attempting to obtain controlled substances (30-31-25 NMSA 1978, et seq.):

Falsifying applications, fraud, forgery, deception, or subterfuge related to trying to obtain controlled substances 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both

Drug paraphernalia (30-13-25.1 NMSA 1978, et seq.):

Unlawful possession of drug paraphernalia Misdemeanor Fine $50 – $100, Jail up to 1 year, or both
Delivering or providing drug paraphernalia to a minor 4th degree Felony Fine up to $5,000, Prison up to 18 months, or both

Federal Laws

21 United States Code Sec. 844 – Penalties for simple possession

(a) Unlawful acts; penalties

It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter. It shall be unlawful for any person knowingly or intentionally to possess any list I chemical obtained pursuant to or under authority of a registration issued to that person under section 823 of this title or section 958 of this title if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration. It shall be unlawful for any person to knowingly or intentionally purchase at retail during a 30 day period more than 9 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams, not more than 7.5 grams may be imported by means of shipping through any private or commercial carrier or the Postal Service. Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both, except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500, except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000. Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both. The imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred. Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines under the provision of title 18 that the defendant lacks the ability to pay.

21 United States Code Sec. 860 – Distribution or manufacturing in or near schools and colleges

(a) Penalty

Any person who violates section 841(a)(1) of this title or section 856 of this title by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, is (except as provided in subsection (b) of this section) subject to (1) twice the maximum punishment authorized by section 841(b) of this title; and (2) at least twice any term of supervised release authorized by section 841(b) of this title for a first offense. A fine up to twice that authorized by section 841(b) of this title may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 841(b) of this title, a person shall be sentenced under this subsection to a term of imprisonment of not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.

(b) Second offenders

Any person who violates section 841(a)(1) of this title or section 856 of this title by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, after a prior conviction under subsection (a) of this section has become final is punishable (1) by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) three times the maximum punishment authorized by section 841(b) of this title for a first offense, and (2) at least three times any term of supervised release authorized by section 841(b) of this title for a first offense. A fine up to three times that authorized by section 841(b) of this title may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 841(b) of this title, a person shall be sentenced under this subsection to a term of imprisonment of not less than three years. Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.

Health Risks of Alcohol and Other Drugs

Alcohol

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. Like very high doses, sudden cessation of alcohol intake is likely to produce withdrawal symptoms including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol can also lead to permanent damage to vital organs such as the brain and the liver. Females who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome (physical abnormalities and mental retardation). In addition, research indicates that children of alcoholic parents are at greater risk than other children of becoming alcoholics.

Tobacco (Nicotine)

The smoking of tobacco products is a major, avoidable cause of death in our society. Smokers are more likely than nonsmokers to contract heart disease. Cancer is strongly linked to smoking. Chronic obstructive lung diseases such as emphysema and chronic bronchitis are 10 times more likely to occur among smokers than among nonsmokers. Smoking during pregnancy poses serious risks to infants. The most dangerous substance in tobacco is nicotine. Because nicotine is highly addictive, smokers find it very difficult to stop smoking.

Designer Drugs

Illegal drugs are defined in terms of their chemical formulas. To circumvent these legal restrictions, underground chemists modify the molecular structure of certain illegal drugs to produce analogs known as designer drugs. These drugs can be several hundred times stronger than the drugs they are designed to imitate. Many of the so-called designer drugs are related to amphetamines (MDMA, X). Bootleg manufacture creates overdose and contamination risks. These substances can produce severe neurochemical damage to the brain. The narcotic analogs can cause symptoms such as those seen in Parkinson’s disease: uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating, and faintness. Psychological effects include anxiety, depressions and paranoia. As little as one dose can cause brain damage. The analogs of phencyclidine cause hallucinations, and impaired perception.

Cocaine

Cocaine stimulates the central nervous system. The use of cocaine can cause death by cardiac arrest or respiratory failure. Its immediate effects include diluted pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause a stuffy or runny nose, while chronic use can ulcerate the mucous membrane of the nose. Cocaine can produce psychological and physical dependency, a feeling that the user cannot function without the drug. In addition, tolerance develops rapidly. Crack or free base rock is extremely addictive and its effects are felt within 10 seconds. The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucination, paranoia, and seizures.

Amphetamines

Amphetamine use causes increased heart and respiratory rates, elevated blood pressure, and dilated pupils. Large doses cause rapid or irregular heartbeat, tremors and physical collapse. An amphetamine injection creates a sudden increase in blood pressure that can result in stroke, high fever and heart failure. An individual using amphetamines might begin to lose weight, have periods of excessive sweating, and appear restless, anxious, moody and unable to focus. Extended use may produce psychosis, including hallucinations, delusions and paranoia.

Marijuana

Marijuana use leads to a substantial increase in heart rate. It impairs or reduces short-term memory and comprehension and motivation and cognition are altered. With extended use it can produce paranoia and psychosis. Smoking marijuana damages the lungs and pulmonary system. Marijuana contains more cancer causing agents than tobacco. It also lowers male sex hormones, suppresses ovulation, and causes changes in the menstrual cycle and possibly causes birth defects. Someone who uses marijuana may have bloodshot eyes, dry mouth and throat, a poor sense of timing and increased appetite.

Anabolic Steroids

Anabolic steroids are a group of powerful compounds closely related to the male sex hormone testosterone. Steroid users subject themselves to more than 70 side effects ranging in severity from liver cancer to acne and including psychological as well as physical reactions. The liver and the cardiovascular and reproductive systems are most seriously affected by steroid use. In males, use can cause withered testicles, sterility, and impotence. In females, irreversible masculine traits can develop along with breast reduction and sterility. Psychological effects include very aggressive behavior known as “roid rage” and depression. While some side effects appear quickly, others, such as heart attacks and strokes, may not show up for years.

Hallucinogens

Lysergic acid (LSD), mescaline, and psilocybin (mushrooms) cause hallucinations. The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness, and tremors. Sensations and feelings may change rapidly. It is common to have bad psychological reactions to LSD, mescaline, psilocybin. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects or flashbacks, can occur even after use has ceased. Users of PCP report persistent memory problems and speech difficulties. Some of these effects may last 6 months to a year following prolonged daily use. Mood disorders – depression, anxiety, and violent behavior – also occur. In later stages of chronic use, users often exhibit paranoid and violent behavior. Large doses may produce convulsions and coma, as well as heart and lung failure.

Barbiturates

In small doses, barbiturates produce calmness, relaxed muscles and lowered anxiety. Larger doses cause slurred speech, staggering gait and altered perception. Very large doses taken in combination with other central nervous system depressants (e.g. alcohol) cause respiratory depressions, coma and sometimes death. A person who uses barbiturates may have poor muscle control, appear drowsy or drunk, become confused, irritable, and inattentive or have slowed reactions.

Narcotics

Narcotics initially produce a feeling of euphoria that often is followed by drowsiness, nausea, and vomiting. Users may also experience constricted pupils, watery eyes, and itching. An overdose may produce slow and shallow breathing clammy skin, convulsions, coma, and possible death. Tolerance to narcotics develops rapidly and dependence is likely. The use of contaminated syringes may result in diseases such as AIDS, enocarditis, and hepatitis. Addiction in pregnant women can lead to premature, stillborn, or addicted infants who experience severe withdrawal symptoms.

Depressants

The effects of depressants are, in many ways, similar to the effects of alcohol. Small amounts can produce calmness and relaxed muscles, but somewhat larger does can cause slurred speech, staggering gait, and altered perception. Large doses can cause respiratory depression, coma and death. The combination of depressants and alcohol can multiply the effects of the drugs, thereby multiplying the risks. The use of depressants can cause both physical and psychological dependence. Regular use over time may result in a tolerance to the drug, leading the user to increase the quantity consumed. When regular users suddenly stop taking large doses, they may develop withdrawal symptoms ranging from restlessness, insomnia, and anxiety to convulsions and death.

Inhalants

The immediate negative effects of inhalants include nausea, sneezing, coughing, nosebleeds, fatigue, lack of coordination, and loss of appetite. Solvents and aerosol sprays also decrease the heart and respiratory rates and impair judgment. Amyl and Butyl nitrite cause rapid pulse, headaches, and involuntary passing of urine and feces. Long-term use may result in hepatitis or brain damage. Deeply inhaling the vapors, or using large amounts over a short time, may result in disorientation, violent behavior, unconsciousness, or death. High concentrations of inhalants can cause suffocation by displacing the oxygen in the lungs or by depressing the central nervous system to the point that breathing stops. Long-term use can cause weight loss, fatigue, electrolyte imbalance, and muscle fatigue. Repeated sniffing of concentrated vapors over time can permanently damage the nervous system.

University Penalties

Students

The University may impose a disciplinary penalty up to expulsion as is specified in the Student Social Code of Conduct, for conduct related to the use, possession, or distribution of drugs prohibited by state, federal or local law. Other penalties that may be imposed for conduct related to the unlawful use, possession, or distribution of drugs or alcohol include documented verbal warning, written warning, disciplinary probation, loss of university privileges, restitution, community/university service, educational requirements, change or revocation of housing assignment, no contact order, deferred suspension, suspension, dismissal, or expulsion.

Employees

The unlawful use, possession, or distribution of drugs or alcohol may result in a disciplinary penalty of warning or reprimand, suspension, reduction in pay, demotion, or discharge, depending on the circumstances.

Available Drug and Alcohol Counseling or Rehabilitation Services

Campus Services

Wellness, Alcohol and Violence Education (WAVE)

The Wellness, Alcohol and Violence Education Program (WAVE) is a harm reduction program which educates the campus community on issues of personal safety and well-being. WAVE is located in Corbett Student Union room 103. (575) 646-2813

Counseling Center

The Counseling Center offers a variety of confidential services to help currently enrolled students deal with personal and academic concerns. These concerns includes the use and dependence of drugs and alcohol. The Counseling Center is located in Garcia Annex room 100. (575) 646-2731

Employee Assistance Program

EPA provides confidential counseling for faculty and staff experiencing personal and work related issues affecting their job performance. Faculty and staff experiencing issues with alcohol or drug abuse are encouraged to contact EPA. A faculty and staff’s spouse or significant other are also eligible for services. There is no cost for counseling. EPA is located in the Campus Health Center. (575) 646-6603

Community Services

Alamogordo, NM

Better Balance Counseling

1200 N. White Sands Blvd. Suite 113
Alamogordo, NM 88310
(575) 437-4200

Carlsbad, NM

Golden Services Counseling Associates

800 W. Pierc Street
Carlsbad, NM 88220
(575)885-3082

Carlsbad Mental Health Center

914 N. Canal Street
Carlsbad, NM 88220
(575) 885-4836

Grants, NM

Cibola Counseling Service Division
906 N 1st Street
Grants, NM 87020
(505) 287-7985

Las Cruces, NM

Alcoholics Anonymous

334 West Griggs
P.O. Box 459
Las Cruces, NM 88003
(575) 646-9850

A fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem and help others recover from alcoholism.

Associates for Couneling and Recovery

2145 El Paseo Road
Las Cruces, NM 8801
(575) 526-1942

Mesilla Valley Hospital

3751 Del Rey Blvd
Las Cruces, NM 88012
(575) 382-3500

Provides specific treatment plans for adolescents, adults, and seniors struggling with substance abuse issues.

Narcotics Anonymous: Lower Organ Mountain Area

(575) 523-3177

NA offers recovery from the effects of addiction through working a twelve-step program, including regular attendance at group meetings. The group atmosphere provides help from peers and offers an ongoing support network for addicts who wish to pursue and maintain a drug-free lifestyle.

NAVA Drug & Alcohol Treatment Center

(575) 524-2505
715 E. Idaho Ave. Suite 4-B
Las Cruces, NM 88001

It is Nava’s Mission to offer a comfortable and safe environment, where the recovery process can be facilitated by providing non-judgmental, respectful, and supportive interaction through teamwork

Esperanza Guidance Service

(575) 522-5144
1404 S. Don Roser Dr. #D1
Las Cruces, NM 88011