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CUA Drug and Alcohol Awareness Program

        Substance Abuse Health Risks and Legal Penalties

 

                                                                                         

 

TYPES OF DRUGS

RISKS

                                                                                          

 

The types of drugs listed below and identified as Schedules I-V are classified as such by Federal law (see 21 U.S.C.§ 812 and 21 CFR §§ 1308.11-15).  For Maryland schedules, see Maryland Code, Criminal Law, 5-401 through 406.  For Virginia schedules, see Virginia Code Annotated at 54.1-3446.  For District of Columbia schedules, see D.C. Code 48-902.04, .06, .08, .10, .12.

                                                                                         

 

Schedule I:  High abuse potential and no approved medical uses.

Use may lead to physical and/or psychological dependence.

 

Heroin (a narcotic), opiates and opium and its derivatives

. . . Junk, Horse, Smack, Scag, Sugar

Narcotics:  Can cause dependence.  Withdrawal  from certain narcotics can be life-threatening.  Single doses can produce impaired cognitive and motor functioning, and fluctuations in mood and awareness.  Higher doses can cause respira­tory arrest. 

 

GHB (Gamma hydroxybutyric acid)

G, Liquid X, Liquid Ecstasy, Grievous Bodily Harm, Georgia Home Boy, Scoop, the date rape drug

A behavioral depressant and a hypnotic: Can cause aggression and violence, may render a victim unconscious within 20 minutes, and may cause death. The drug is colorless and odorless.

Marijuana and all derivatives

. . . THC, Hashish, Hashish Oil, Hash, Pot, Acapulco Gold, Grass, Weed, Joint, Mary Jane, Reefer

Marijuana:  Single doses can impair cognitive functioning, learning motivation and motor abilities.  Very large doses can cause confusion, restlessness, and hallucinations, and panic reactions. Possible depression of the immune system, chromosome damage, reduced sperm count in males.

 

Hallucinogens

. . . LSD (Acid, Microdot, Cubes), Peyote, Mescaline, Psilocybin (Mushrooms), Phencyclidine (PCP, Angel Dust, Hog, Purple Rain, Crazy Eddie, Hellraiser, Untouchable, Lethal Weapon), MDMA (Ecstasy)

Hallucinogens:  Increased blood pressure, muscular weakness, trembling, nausea, chills, impaired motor skills and coordination, significant effects on percep­tion, thought and mood.  Rapid swings in mood and unpredictable changes in emotions and sensations.  Possible "flashbacks" some time after use.

 

Methaqualone (Quaaludes)

Barbiturates:  Can cause dependence with withdrawal symptoms.  Larger doses cause slurred speech, slowed reactions, and excessive sleep. Large doses or doses with alcohol  or other sedative hypnotics can result in respiratory depression and death.

 

Schedule II:  High potential for abuse.  Written prescriptions required, and no refills allowed.

Use may lead to severe physical and/or psychological dependence.

 

Narcotics, including morphine, methadone, meperidine (Demerol), codeine, oxycodone (Percodan, Percocet), fentanyl, hydromorphone (Dilaudid), opiates and opium and its derivatives

Narcotics:   See above under Schedule I.

 

Barbiturates (Reds, Yellow Jackets, Barbs, Downers)

. . . secobarbital (Seconal), pentobarbital (Nembutal)

Barbiturates:   See above under Schedule I.

 

Stimulants

. . . amphetamines (Speed, Bennies, Uppers, Black Beauties, Pep Pills)

. . . cocaine and coca products (Crack, Coke, Flake, Snow, Freebase, Lady)

. . . cocaine hydrochloride (Ice)

Stimulants:  Can cause irritability, impaired judgment, impulsivity and grandiosity.  Increased blood pressure, heart rate, body temperature, respiration, sweating.  Have been linked to cardiovascular problems and convulsions, which can be lethal.  Repeated dosing can lead to dependence as well as a paranoid psychosis.

 

Schedule III:  Some potential for abuse.  Prescriptions required, and up to five renewals within six months allowed.

Use may lead to low-to-moderate physical dependence or high psychological dependence.

 

Medications containing small amounts of narcotics, including Tylenol #3, Empirin with codeine, codeine-based cough suppressants such as Tusslonex and Hycomine

Narcotics: See above under Schedule I.

 

Medications containing small amounts of barbiturates, such as Florinal

Barbiturates:   See above under Schedule I.

 

Anabolic steroids

Steroids:  The liver and the cardiovascular and reproductive systems are most severely affected.   In males can cause sterility and impotence; in females irreversible masculine traits, menstrual irregularities, breast reduction and sterility.  Psychological effects include aggression, combative behavior and depression.  May also cause strokes, heart attacks, liver cancer, skin problems and arrested bone development during adolescence.

 

Schedule IV:  Low potential for abuse.  Prescriptions required, and up to five renewals within six months allowed.

Use may lead to physical and/or psychological addiction.

 

Sedative-hypnotics (Tranks, Downers)

. . . diazepam (Valium), chlordiazepoxide (Librium), triazolam (Halcion), tempazepam (Restoril), meprobamate (Equanil), ethchlorvynol (Placidyl) and oxazepam (Serax).

Sedative-hypnotics:  Includes benzodiazepines and other similar substances.  These can cause dependence with associated withdrawal symptoms; withdrawal can be life-threatening.  Small doses tend to be relaxing; larger doses cause slurred speech, slowed reactions, and sleep.  Can produce dependence.  Large doses or doses in combination with alcohol and other sedative hypnotics can result in respiratory depression and death.

 

Stimulants, including phentermine (Loamin), and diethylpropion (Tenuate)

Stimulants: See above under Schedule II.

 

Narcotics, including pentazocine (Talwin) and propoxyphene (Darvon, Darvocet)

Narcotics:   See above under Schedule I.

 

 

Schedule V:  Abuse potential low.  Prescriptions may or may not be required.

Use may lead to physical and/or psychological addition.

 

Compounds that contain very limited amounts of codeine, dihydrocodeine, ethylmorphine, opium, and atropine, such as Terpine Hydrate with codeine, Robitussin AC

Can cause nausea, gastrointestinal symptoms, drowsiness; withdrawal symptoms include runny nose, watery eyes, panic, chills, cramps, irritability.


                                                                                          

 

FEDERAL DRUG PENALTIES

                                                                                         

 


First Offense

 

For manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute or dispense (trafficking) (21 U.S.C. § 841):

 

Schedule I and II Drugs:

 

heroin:  1 kg or more mixture with detectable amounts of heroin

cocaine:  5 kgs or more mixture

cocaine base:  50 grams or more

PCP:  100 grams or more or 1 kg or more mixture

LSD:  10 grams or more mixture

fentanyl:  400 grams or more mixture

marijuana:  1,000 kg or more marijuana mixture or 1,000 or more marijuana plants

methamphetamine:  50 grams or more or 500 grams or more mixture

 

Penalty for first offense for the above is not less than 10 years nor more than life, and not less than 20 years or more than life if death or serious bodily injury results.  Fine of not more than $4 million for an individual, and not more than $10 million if other than an individual.

 

For trafficking in the following amounts:

 

heroin:  100-999 grams heroin mixture

cocaine:  500-4,999 grams mixture

cocaine base:  5-49 grams mixture

PCP:  10-99 grams, 100-999 grams mixture

LSD:  1-10 grams

fentanyl:  40-399 grams mixture

marijuana:  100-1,000 kg or 100-999 marijuana plants

methamphetamine:  5-49 grams or 50-499 grams mixture

 

Penalty for first offense of the above is not less than 5 years nor more than 40 years.  If death or serious injury results, not less than 20 years nor more than life.  Fine of not more than $2 million if an individual, and $5 million if other than an individual.

 

Penalty for first offense trafficking in a controlled substance in Schedule I or II not listed above is not more than 20 years, and if death or serious bodily injury results, not less than 20 years nor more than life.  Fine of $1 million if an individual or $5 million if not an individual.  This penalty also applies to 50-100 kg marijuana, 10-100 kg hashish, 1-100 kg hashish oil, and 50-99 marijuana plants.

 

Schedule III Drugs:

 

Penalty for first offense trafficking in a controlled substance in Schedule III is not more than 5 years.  Fine of not more than $250,000 if an individual or $1 million if not an individual.  This penalty also applies to less than 50 kg marijuana, less than 10 kg hashish, and less than 1 kg hashish oil.

 

Schedule IV Drugs:

 

Penalty for first offense trafficking in a controlled substance in Schedule IV is not more than 3 years.  Fine of not more than $250,000 if an individual or not more than $1 million if not an individual.

 

Schedule V Drugs:

 

Penalty for first offense trafficking in a controlled substance in Schedule V is not more than 1 year.  Fine of not more than $100,000 if an individual or not more than $250,000 if not an individual.

 

Penalty for first offense simple possession of cocaine base greater than 5 grams is not less than 5 years and not greater than 20 years.  Fine of at least $1,000 (21 U.S.C. § 844).


Penalty for first offense simple possession of other controlled substances is not more than 1 year, and a fine of not less than $1,000 (21 U.S.C. § 844).

 

Other Penalties, Second and Later Offenses

 

Enhanced penalties apply to second and later offenses, and also to trafficking within 1,000 feet of a school, including universities (21 U.S.C. § 860).  In addition, persons convicted of a controlled substance violation may be denied Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses (21 U.S.C. § 862(a)).  Forfeitures of personal and real property may also apply (21 U.S.C. § 853(a)(2) and 889.)The offender may also be ineligible to receive or purchase a firearm (18 U.S.C. § 922(g)).


                                                                                          

 

MARYLAND DRUG PENALTIES

                                                                                         

 


For Maryland schedules, see Maryland Code, Criminal Law, Article 5-401 through 406, which may differ slightly from the Federal schedules listed above.

 

First Offense

 

Manufacturing, distributing or dispensing or possessing with the intent to manufacture, distribute or dispense (Maryland Code, Criminal Law, 5-603, 605-609, 612):

 

Schedule I or II narcotic:  imprisonment of not more than 20 years; fine of not greater than $25,000, or both.

 

PCP, fentanyl, or LSD:  imprisonment of not more than 20 years; fine of not greater than $20,000, or both.


Any other controlled substance listed in Schedule I-V:  imprisonment of not more than 5 years; fine of not more than $15,000, or both.

 

A fine of not more than $100,000 and a mandatory minimum sentence of not less than 5 years applies to the following amounts:

 

marijuana:  50 lb. or more

cocaine or cocaine mix:  448 grams or more

cocaine base:  50 grams or more

morphine or opium or a mix:  28 grams or more

LSD:  1,000 units or more or mix of same

PCP:  16 ounces or more, or 448 grams or more PCP mix

methamphetamine or mix:  448 grams or more

 

A fine of not more than $50,000 and prison of not more than 25 years is the penalty for bringing into the state of Maryland controlled substances in the following amounts:

 

marijuana:  100 lb. or more

cocaine or cocaine mix:  28 grams or more


morphine, opium or derivative:  4 grams or more

  LSD:  1,000 units or more or mix of same

PCP:  28 grams or more, or 112 grams or more PCP mix

methaqualone:  1,000 units or more

methamphetamine or mix:  28 grams or more

fentanyl or fentanyl analogue:  4 grams or more (Maryland  Code, Criminal Law, 5-614)

 

The penalty for simple possession of a controlled substance in Maryland is imprisonment for not more than 4 years and a fine of not more than $25,000.  For simple possession of marijuana the punishment is prison of not more than 1 year and a fine of not more than $1,000 (Maryland Code, Criminal Law,  5-601, 602, 620).

 

Other Penalties, Second and Later Offenses

 

A controlled substance offense within 1,000 feet of an elementary or secondary school is punishable by imprisonment of not more than 20 years and a fine of not more than $20,000 (Maryland Code, Criminal Law, 5-627).

 

Enhanced penalties also apply to subsequent offenses.



                                                                                          

 

VIRGINIA DRUG PENALTIES

                                                                                         

 


For Virginia schedules, see Virginia Code Annotated at 54.1-3446, which may differ slightly from the Federal schedules listed above.

 

First Offense

 

Manufacturing, selling, distributing, giving or possessing with the intent to manufacture, sell, give or distribute (Virginia Code Annotated at 18.2-248 and 18.2-11.Schedule I and II drugs, and transporting into Virginia one or more ounces of cocaine and five or more pounds of marijuana with intent to sell or distribute: not less than 5 years nor more than 40 years; fine not more than $500,000.

 

Schedule III, IV or V drugs:  not more than 12 months; fine not more than $2,500.

 

Trafficking in the following amounts is punishable by imprisonment of 20 years (in certain cases a mandatory minimum sentence of twenty years) to life and a fine of not more than $1 million:

 

heroin:  1.0 kg or more

cocaine:  5.0 kg or more

cocaine base:  2.5 kg or more

 

Simple possession of a controlled substance is punishable as follows:


Marijuana:  a misdemeanor; not more than 30 days; fine of not more than $500.

(Va. Code Ann. @ 18.2-250.1)

 

Schedule I or II drug:  not less than 1 year nor more than 10 years; or, in some cases, up to 12 months and fine of not more than $2,500.

 

Schedule III drug:  not more than 12 months; fine not more than $2,500.

 

Schedule IV drug:  not more than 6 months; fine not more than $1,000.

 

Schedule V drug:  fine not more than $500.

 

Schedule VI drug:  fine not more than $250.

(Va. Code Ann. @ 18.2-250, 18.2-11, and 18.2-10)

 

Penalties for sale, gift, distribution, or

possession w. intent to sell, give or distribute marijuana: (Va. Code Ann. @ 18.2-248.1): not more than ½ ounce of marijuana: not more than 12 months, fine of not more than $2,500. More than ½ ounce of marijuana but not more than 5 lbs. of marijuana: up to 10 years, fine of not more than $2,500. More than 5 lbs. of marijuana, not less than 5 years, nor more than 30 years. Manufacturing marijuana: not less than 5 years nor more than 30 years, fine not to exceed $10,000.

 

Other Penalties, Second and Later Offenses

 

Sale of drugs on or near school property (including universities), state hospital grounds, a public recreation or community center, or any public library is a felony punishable by a mandatory sentence of not less than 1 year nor more than 5 years; fine of not more than $100,000 (Virginia Code Annotated at 18.2-255.2).

Forfeiture of driver’s license may also occur as a result of drug violations. (Va. Code Ann. @ 18.2-259.1) For penalties for sale of drugs to someone under age 18 who is least three years younger than the seller see Va. Code Ann. @ 18.2-255.

Enhanced penalties also apply to subsequent offenses.


                                                                                          

 

DISTRICT OF COLUMBIA DRUG PENALTIES

                                                                                         

 


For District of Columbia schedules, see D.C. Code 48-902.04, .06, .08, .10, .12, which may differ slightly from the Federal schedules listed above.

 

First Offense

 

Manufacture, distribution, or possession with intent to manufacture or distribute (D.C. Code 48-904.01):

 

Schedule I or II narcotic or abusive drug:  not more than 30 years; fine of not more than $500,000, or both.

 

Schedule I, II or III substance that is not a narcotic or abusive drug:  not more than 5 years; fine not greater than $50,000, or both.  If less than ½ pound of marijuana: not more than 180 days; fine not more than $1,000, or both.

 


Schedule IV:  not more than 3 years; fine not greater than $25,000, or both.

 

Schedule V:  not more than 1 year; fine not more than $10,000, or both.

 

Simple possession:  a misdemeanor, with imprisonment of not more than 180 days; fine of not more than $1,000.

 

Other Penalties, Second and Later Offenses

 

Enhanced penalties apply to second and later offenses, for distribution to minors, and for trafficking in a school zone (D.C. Code 48-904.06, 48-904.07a).


                                                                                         

 

TYPES OF ALCOHOL

RISKS

                                                                                         

 

 

Malt beverage is beer, 1/2 of 1% to 6% alcohol.

 

Unfortified wine is wine not more than 17% alcohol.

 

Fortified wine is wine of not more than 24% alcohol.

 

Spirituous liquor is distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin, etc.

 

Mixed beverage is a drink composed in whole or part of spirituous liquor.

 

Beer means any brewed alcoholic beverage, and includes beer, ale, stout, and porter.

 

Light wine means any naturally fermented wine containing not in excess of 14% of alcohol by volume (excluding Kent, Montgomery, St. Mary's, Somerset, Wicomico, and Worcester counties).

 

Wine means any fermented beverage, including light wines and wines, the alcoholic content of which has been fortified by the addition of alcohol spirits or other ingredients.

Alcohol:  Single doses cause impaired coordination and motor control, impaired attention, cognitive function, and judgment.  Heavy drinking results in a hangover the next day.  Long-term effects include depression, confusion, loss of memory, blackouts, loss of appetite, vitamin deficiencies, and gastrointestinal problems.  Also respiratory depression; depression of the immune system; increased risk of heart disease including alcoholic cardiomyopathy; accidents; hypertension; brain damage; damage to the unborn fetus; impotence; liver disease including cirrhosis and increased risk of hepatic cancer.  Psychosis or death may result from withdrawal. If combined with other central nervous system depressants much lower doses of alcohol will produce effects described above.


                                                                                         

 

MARYLAND ALCOHOL PENALTIES

                                                                                         

 

Legal drinking age is 21 (Maryland Code, Criminal Law, 10-114).

 

Obtaining liquor for persons under age 21; furnishing liquor to underage persons; misrepresentations of age to induce sale of liquor, beer, wine and light wines; and misrepresentation of age to any person to induce sale of liquor.

 

First offense:  $500 fine (Maryland Code, Criminal Law, 10-113 through 10-120).

 

Illegal possession, consumption or purchase of alcohol:  $500 fine (Maryland Code, Criminal Law, 10-114, 119).

 

Drinking in unlicensed public places:  up to $100 fine (Maryland Code Article 2B, 19-202, 301 and 302).

 

Drunk Driving:

 

Under age 21: a blood alcohol concentration of .02% or more is a code violation punishable by suspension or revocation of license and a $500 fine.

(Maryland Transportation Code at 16-113 and 27-101)

Higher alcohol levels can be assessed penalties applicable to those over age 21 (see below).  See Md. Cts. & Jud. Proceedings Code Ann at 10-307 for results of analysis and presumptions.

 

Age 21 and over: a blood alcohol concentration of more than .05% but less than .07%, this may be considered with other competent evidence that the person was driving under the influence of alcohol or driving while impaired by alcohol. A blood alcohol concentration of at least .07% but less than .08% shall be prima facie evidence the person was driving under the influence or driving while impaired by alcohol.  A blood alcohol concentration of .08% or more shall be considered intoxicated and under the influence of alcohol per se. (MD. Code Courts and Judicial Proceedings §10-307, and MD Code Crimes and Punishments §388A and B, and MD Transportation Code § 21-902.) For a summary of penalties ranging from civil fines and points on license to suspension/revocation of license, and imprisonment, see MD Transportation Code § 16-205.1, § 16-402 and § 27-101.

 


                                                                                         

 

VIRGINIA ALCOHOL PENALTIES

                                                                                         

 

Legal drinking age is 21 (Virginia Code Annotated at 4.1-304).

 

Fraudulent use of driver's license or other identification card to purchase alcohol when underage:  revocation of license for 30 days to 1 year; fine not more than $500 (Virginia Code Annotated at 46.2-347).

 

Procuring alcohol for underage person:  not more than 12 months; not more than $2,500 fine (Virginia Code Annotated at 4.1-306).

 

Illegal possession, consumption or purchase of alcohol:  not more than 12 months; mandatory minimum fine of $500, not to exceed $2,500 or mandatory minimum of 50 hours of community service; license suspension of not more than 1 year (Virginia Code Annotated at 4.1-305).

 

Drinking in unlicensed public places:  fine of not more than $250 (Virginia Code Annotated at 4.1-308).

 

 

 

Drunk Driving:

 

Under age 21:  a blood alcohol concentration of 0.02% or more is a code violation punishable by a 6 months license suspension and a fine of not more than $500 (Virginia Code Annotated at 18.2-266.1).

 

Age 21 and over:  a blood alcohol concentration of .08% or more is considered driving while intoxicated and is punishable by not more than 12 months; a fine of not more than $2,500; and a license suspension of 1 year.  The higher penalties could also apply to persons under age 21 found to have violated the higher alcohol level (Virginia Code Annotated at 18.2-270,271, 18.2-266).  Also civil liability for expenses of emergency response to any accident caused by impaired driving. (Va. Code Ann. @ 15.1-132.1)

 

Higher penalties and community service required if transporting a minor. (See Virginia Code Annotated at 18.2-270).

 

Other Penalties, Second and Later Offenses

 

All penalties listed are for first offenses; higher penalties apply to subsequent offenses.


                                                                                          

 

DISTRICT OF COLUMBIA ALCOHOL PENALTIES

                                                                                         

 

Legal drinking age is 21 (D.C. Code 25-1002).

 

Misrepresentation of age; illegal possession, consumption or purchase of alcohol: fine of not more than $300; license suspension of driving privileges for a period of 90 consecutive days.  (D.C. Code 25-1002).

 

Procuring alcohol for underage person: imprisoned not more than 180 days; fine of not more than $1,000; or both (D.C. Code 25-785).

 

Drinking in unlicensed public places: not more than 90 days imprisonment; fine up to $500; or both (D.C. Code 25-1001).

Public place is defined as any street, alley, park or parking area; and includes drinking or possessing an open container of an alcoholic beverage in any vehicle in any street, alley, park or parking. It also includes drinking in unlicensed premises where food is sold or entertainment is provided.

 

Drunk Driving

 

Under age 21: any measurable amount of alcohol is considered driving while intoxicated; not more than 90 days; fine of $300; and revocation of license for 6 months  (D.C. Code §50-2201.05(b)(1) and DCMR 18-300, 301 and 306).

 

Age 21 and over: a blood alcohol concentration of .08% or more is considered driving while intoxicated; not more than 90 days; fine of $300; and revocation of license for 6 months (D.C. Code §50-2201.05(b)(1) and DCMR 18-300, 301 and 306).

 

Age 21 and over: a blood alcohol concentration less than 08% may be considered driving while intoxicated or driving while impaired.  If the latter, lesser penalties may apply.

 

Other Penalties, Second and Later Offenses

 

All penalties listed are for first offenses; higher penalties apply to subsequent offenses.

 

 

 

 

 

 

 

 

Revised by Office of General Counsel: June 2004
links updated 8/5/08 rab

                     

 

 

 

 



Last Revised 05-Aug-08 01:43 PM.