#  Alcohol and Other Drug Policies 

 



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In compliance with the Drug Free Schools and Communities Act, Harvard University publishes information regarding the University's prevention programs related to drug and alcohol abuse prevention which include standards of conduct that prohibit the unlawful possession, use, and distribution of alcohol and illegal drugs on campus and at institution-associated activities; sanctions for violations of federal, State, and local laws and University policy; a description of health risks associated with alcohol and other drug use and abuse; and a description of available counseling, treatment, rehabilitation and/or re-entry programs for Harvard University students and employees. A complete description of these topics, as provided in the University's annual notification to students and employees, is available online <https://www.hupd.harvard.edu/drug-and-alcohol-policy>.

Harvard expects its students and employees to maintain an environment that is safe and healthy. The University is not, and cannot be considered, a sanctuary from existing federal, State, and local laws. The unlawful possession, sale, use, or distribution of illicit drugs and alcohol by students and employees on Harvard property or as a part of any on or off campus Harvard activity (including student-sponsored social activities and professional meetings attended by University personnel) are violations of University rules as well as the law and are prohibited. Possession, use, or distribution of certain non-prescription drugs, including marijuana, amphetamines, heroin, cocaine, and non-prescription synthetics; procurement or distribution of alcohol by anyone under 21 years of age; and provision of alcohol to anyone under 21 years of age are violations of the law and of Harvard policy. The University also holds its students and employees responsible for the consequences of their decisions to use or distribute illicit drugs or to serve or consume alcohol. The Harvard University Police Department (HUPD) will enforce Massachusetts underage drinking laws and federal and State drug laws.

#### Harvard Standards of Conduct and Disciplinary Sanctions

For Students:

As stated above, Harvard University, consistent with the laws of the Commonwealth of Massachusetts, prohibits the consumption, possession, use and sale, and the provision or serving of alcoholic beverages by and to persons less than 21 years of age. In addition, Harvard University, consistent with State and federal law, prohibits the consumption, possession, use, and sale of illicit drugs, including the misuse (sharing, buying, or using in a manner different than prescribed) of prescription drugs. These policies and laws are enforced by HUPD.

Students should consult their School handbooks for other applicable policies and disciplinary procedures related to student conduct regarding alcohol and drugs, as well as State and federal laws concerning hazing, firearms, and other important concerns. When cases involving drugs and alcohol come to the attention of their School, the School may take disciplinary action as appropriate. While each School conducts its process pursuant to its handbook, sanctions and educational activities following a finding of responsibility for a drug or alcohol violation may include counseling or an educational module, warning, residence hall suspension or removal, academic suspension or expulsion, and other sanctions.

For Employees:

The Harvard University Personnel Manual states as follows:

The University's policy on drugs and alcohol in the workplace is designed to address the University's concern for the health and well-being of its employees, and to ensure that the Harvard community complies with the federal Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. Penalties for violations of these policies, or for violations of the laws regarding controlled substances or alcohol, range from warning to permanent separation from the University depending on the seriousness of the infraction and the degree to which violation of the policy adversely affects the well-being of the community or the fulfillment of the University's educational mission. The Harvard University Personnel Manual can be found here: <https://hr.harvard.edu/staff-personnel-manual>.

This policy applies to every Harvard employee, including temporary and less-than-half-time (LHT) employees.

• Controlled Substances

Employees may not consume, manufacture, distribute, dispense, or be under the influence of controlled substances in the workplace, including in vehicles provided by Harvard, at any worksite or location at which University duties are being performed by Harvard employees, or as part of any other Harvard activities. Common examples of controlled substances include, but are not limited to: cocaine, marijuana, and heroin.

The University will take disciplinary action against violators, consistent with Harvard policy, and federal, State and local laws. Such disciplinary action may include satisfactory participation in a substance abuse treatment, counseling or education program as a condition of reinstatement or continued employment; suspension; termination of employment; and referral for prosecution.

• Reporting Requirements

The Drug-Free Workplace Act requires that employers who are engaged in activities funded by federal grants or contracts notify the relevant federal agency of convictions under the criminal drug laws for violations occurring in the workplace. To ensure Harvard's compliance with this federal law, an employee must report any criminal drug statute conviction for a violation occurring in the workplace to their immediate supervisor, department director, dean, vice president or human resources officer within five days of the conviction. Within ten days of learning of such a conviction of any individual engaged in work under federal grants or contracts, Harvard is required to notify the relevant federal agency. Upon notification of a conviction, supervisors should immediately contact their local human resources office.

#### Alcoholic Beverages

Harvard University, consistent with the laws of the Commonwealth of Massachusetts, prohibits the consumption, possession, use and sale, and the provision or serving of alcoholic beverages by and to persons less than 21 years of age.

All University employees are prohibited from consuming alcohol or being under the influence of alcohol during work hours or in the workplace (except that it will not be a violation of this policy for an employee to engage in the responsible consumption of alcohol at approved social functions held during work hours or in the workplace, provided that the use of alcohol has been permitted in these circumstances.) Under no circumstances may a Harvard employee consume or be under the influence of alcohol while operating Harvard vehicles or equipment. The consumption of alcohol will not constitute a mitigating circumstance when it contributes to the violation of University policies.

Vice Presidents, deans, and heads of administrative units have the authority and responsibility to govern the use of alcohol in areas they control, and to require measures to ensure that at events where alcohol will be served only individuals of legal age will have access. Those hosting such events must take reasonable steps to ensure that the acquisition, distribution and consumption of alcohol otherwise complies with applicable law and University policy.

#### Federal, State and Local Laws and Sanctions

In addition to disciplinary sanctions imposed by the University, all students, faculty, and staff should be aware that federal, State, and local laws treat the illegal use, possession, sale, distribution, or manufacture of drugs or alcohol as serious crimes. Penalties range according to the type of substance, amount in possession and/or distributed, and the number and type of previous violations. Conviction can lead to imprisonment, fines, and assigned community service. Courts do not lift prison sentences in order to allow those convicted to attend college or continue their jobs. While a number of examples are included below, students and employees should be aware that not all alcohol and drug related crimes and penalties are listed here.

##### Federal Law

Federal Trafficking Penalties for Schedules I, II, III, IV, &amp; V (except Marijuana, App. 2)

SortSchedule

Substance

Quantity

II



Cocaine



500-4,999 grams mixture



II



Cocaine Base



28-279 grams mixture



IV



Fentanyl



40-399 grams mixture



I



Fentanyl Analogue



10-99 grams mixture



I



Heroin



100-999 grams mixture



I



LSD



1-9 grams mixture



II



Methamphetamine



5-49 grams pure or 50-499 grams mixture



II



PCP



10-99 grams pure or 100-999 grams mixture







**PENALTY**

First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.

Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.

SortSchedule

Substance

Quantity

II



Cocaine



5 kilograms or more mixture



II



Cocaine Base



280 grams or more mixture



IV



Fentanyl



400 grams or more mixture



I



Fentanyl Analogue



100 grams or more mixture



I



Heroin



1 kilogram or more mixture



I



LSD



10 grams or more mixture



II



Methamphetamine



50 grams or more pure or 500 grams or more mixture



II



PCP



100 grams or more pure or 1 kilogram or more







**PENALTY**

First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.

Second Offense: Not less than 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

SortSubstance/Quantity

Penalty - First Offense

Penalty - Second Offense

Any amount of other Schedule I &amp; II substances

OR

Any amount of any drug product

containing Gamma Hydroxybutyric Acid

OR

Flunitrazepam

(Schedule IV) 1 Gram



Not more that 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life.

Fine $1 million if an individual, $5 million if not an individual.



Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.

Any amount of other Schedule III Drugs

Not more than 10 yrs. If death or serious bodily injury, not more than 15 yrs. Fine not more

$500,000 if an individual, $2.5 million if not an individual.



Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual.

Any amount of all other Schedule IV drugs (other than Flunitrazepam)

Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.

Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.

Flunitrazepam (Schedule IV)

(Other than 1 gram or more)



Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.

Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.

Any amount of all Schedule V drugs

Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 4 yrs. Fine not more than

$200,000 if an individual,

$500,000 if not an individual.







SortSubstance/ Schedule

Quantity

Penalty - First Offense

Penalty - Second Offense

Marijuana (Schedule I)

1,000 kg or more marijuana mixture;

1,000 or more marijuana plants



Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life.

Fine not more than $10 million if an individual, $50 million if other than an individual.



Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million

individual, $75 million if other than an individual.



Marijuana (Schedule I)

100 kg to 999 kg marijuana

mixture; or 100 to 999 marijuana plants



Not less than 5 yrs. or more

than 40 yrs. If death or

serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual.



Not less than 10 yrs. or

more than life. If death or

serious bodily injury, life

imprisonment. Fine not

more than $20 million if an

individual, $75million if other than an individual.



Marijuana (Schedule I)

More than 10 kgs

hashish; 50 to

99 kg marijuana

mixture More than 1 kg of hashish oil;

50 to 99

marijuana plants



Not more than 20 yrs. If

death or serious bodily

injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual.



Not more than 30 yrs. If

death or serious bodily

injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an

individual.



Marijuana (Schedule I)

Less than 50

kilograms

marijuana (but

does not include

50 or more

marijuana plants

regardless of

weight)

1 to 49 marijuana

plants;



Not more than 5 yrs. Fine

not more than $250,000,

$1 million if other than an

individual.



Not more than 10 yrs. Fine

$500,000 if an individual,

$2 million if other than

individual.



Hashish (Schedule I)



10 kg or less



Not more than 5 yrs. Fine

not more than $250,000,

$1 million if other than an

individual.



Not more than 10 yrs. Fine

$500,000 if an individual,

$2 million if other than

individual.



Hashish Oil (Schedule I)



1 kg or less



Not more than 5 yrs. Fine

not more than $250,000,

$1 million if other than an

individual.



Not more than 10 yrs. Fine

$500,000 if an individual,

$2 million if other than

individual.







##### Massachusetts Law

M.G.L. c. 94C, the Controlled Substances Act, addresses drug offenses, including possession, distribution, and manufacturing of controlled substances. The law categorizes drugs into classes and outlines the corresponding penalties.

M.G.L. c. 94C § 34 addresses possession of controlled substances, with penalties varying depending on the class of drug and amount possessed

M.G.L. c. 94C §§ 32 -33 address distribution and sale of controlled substances, including their manufacturing.

M.G.L c. 94G, the Regulation and Distribution of Marijuana Not Medically Prescribed, addresses the recreational use and distribution of marijuana. M.G.L c. 94G §7 authorizes possession of marijuana up to one (1) ounce in public or 10 ounces at home for personal use by those 21 and over. Individuals can grow up to 6 marijuana plants per adult so long as a premises does not have more than 12 plants. M.G.L c. 94G §9 provides for the sale, cultivation and manufacturing of marijuana products by licensed retailers.

M.G.L. c. 138 (Alcoholic Liquors), outlines rules for the sale, distribution, and consumption of alcoholic beverages, including offenses like underage drinking and illegal sales. Penalties range from fines to license revocation. M.G.L.c.138 §34 prohibits the sale, delivery or furnishing of alcohol to anyone under 21.

Persons convicted of drug possession under State or federal laws may be ineligible for participation in federally sponsored research grants or contracts for up to one year after the first conviction, and up to five years after the second; those convicted of distributing drugs lose these benefits for five years after the first conviction, for ten years after the second, and permanently after the third.

Please note that although Massachusetts law now permits adults aged 21 or older to possess and consume marijuana under certain circumstances, federal law still prohibits the possession, use, or distribution of marijuana, including for medical purposes. Thus, even if possession or use of marijuana would be permitted under Massachusetts law, it remains prohibited on Harvard property or as part of a Harvard activity.

#### Health Risks Associated with Alcohol and Drug Use

Alcohol use, even in low doses, can significantly impair judgment and coordination. Low to moderate doses increase the incidents of aggressive acts, including spouse and child abuse. Moderate to high doses can severely alter a person’s ability to learn and remember information. Very high doses can cause respiratory depression and death. Repeated use can lead to dependence. Sudden cessation of use can produce withdrawal symptoms and can be life-threatening. Long-term use of large quantities can lead to permanent damage to vital organs such as the brain and liver. Women who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics.

The abuse of drugs/controlled substances can result in a wide range of health problems. Illicit drug use can result in drug addiction, death by overdose, death from withdrawal, seizure, heart problems, liver disease, and chronic brain dysfunction. Other problems associated with illicit drug use include psychological dysfunctions such as memory loss, thought disorders (i.e. hallucinations, paranoia, and psychosis) and psychological dependency. Women who use drugs during pregnancy may give birth to infants who are drug-addicted and may have health complications.

##### Commonly Abused Drugs and Their Effects

The following is a non-exhaustive list of some of the health effects of particular controlled substances.

Narcotics (including Heroin):

• Initial euphoria followed by drowsiness and nausea

• Constricted pupils, watery eyes, dazed look

• Overdose may produce slow, shallow breathing, clammy skin, loss of appetite and weight, and possible death

Depressants (including Barbiturates, Tranquilizers):

• Relaxed muscles, calmness, drowsiness

• Confusion, disorientation, slurred speech

• Overdose may produce shallow breathing, clammy skin, weak and rapid pulse, coma, and possible death

Stimulants (including Cocaine, Methamphetamine):

• Increased heart and respiratory rate, elevated blood pressure, decreased appetite

• Blurred vision, dizziness, insomnia, anxiety

• High doses can cause physical collapse, irregular heartbeat, stroke, and possible death

Hallucinogens (including LSD, PCP, Mushrooms):

• Illusions and hallucinations

• Confusion, panic, anxiety, depression, and poor perception of time and distance

• Respiratory failure, death due to careless behavior

Cannabis (including Marijuana, Hashish):

• Increased heart rate, bloodshot eyes, dry mouth and throat, and increased appetite

• Interferes with memory, speech, coordination, and perception of time

• Increases risk of lung cancer, weakened immune system, and affects reproductive system

The health consequences of alcohol abuse and substance use may be immediate and unpredictable, such as fatalities associated with alcohol poisoning and drug overdose, or more subtle and long term, such as liver and brain damage associated with the prolonged use of alcohol.

In addition to health-related problems, alcohol abuse and substance use are associated with financial difficulties, interpersonal conflicts, domestic violence, deterioration of the family structure, accidental injuries or fatality, and may significantly impact academic and work performance.

For more detailed descriptions of commonly-abused drugs, including specific health effects and treatment options, refer to the [National Institute on Drug Abuse, Commonly Abused Drugs Chart](https://nida.nih.gov/sites/default/files/cadchart.pdf).

Resources for Harvard Students and Employees

Educational Programs for Undergraduates

The Center for Wellness and Health Promotion (CWHP) maintains a comprehensive substance use prevention program that seeks to reduce the negative consequences associated with alcohol and other substance use for Harvard University students. Through educational programs, intervention services, policy initiatives and coordination with treatment providers, the CWHP collaborates with students and staff to promote the health and safety of all members of the Harvard community. Programs and services include mandatory alcohol education for all incoming first year students and student-athletes, training for residential staff, student-leaders, and members of various student clubs and organizations, a robust peer education program, and evidence-based interventions for students who present at-risk for substance use disorder.

For additional information on drug and alcohol abuse education programs visit the CWHP website.

#### Resources for Advice and Counseling

Because of the considerable health risks involved in drug and alcohol use, resources are available to assist the Harvard community in understanding and dealing with drug and alcohol abuse problems. As noted above, students can learn about the dangers of substance abuse and get information about treatment and counseling options from the Center for Wellness and Health Promotion (CWHP). The Behavioral Health and Counseling and Mental Health offices at Harvard University Health Services (HUHS) offer assistance to both employees and students; employees also may learn about the dangers of substance abuse and obtain information about treatment and counseling options available to the Harvard community through Harvard's Employee Assistance Program (EAP). The Harvard University Police Department is available to assist any member of the University community in an emergency; emergency health services are also available at HUHS.

Harvard Resources

Harvard University Health Services (HUHS)

617-495-5711

<https://www.huhs.harvard.edu>

Center for Wellness and Health Promotion (Harvard University students), HUHS

617-495-9629

<https://wellness.huhs.harvard.edu/home>

Behavioral Health, HUHS

617-495-2323

<http://huhs.harvard.edu/behavioral-health>

Counseling &amp; Mental Health Services, HUHS

617-495-2042

<https://huhs.harvard.edu/counseling-and-mental-health>

Employee Assistance Program

877-EAP-HARV (877-327-4278)

<https://hr.harvard.edu/employee-assistance-program>

Harvard University Police Department

Urgent: 617-495-1212

Longwood: 617-432-1212

Business: 617-495-1215

<https://www.hupd.harvard.edu/>

Online contact form:

<https://www.hupd.harvard.edu/contact-us>

External Resources

Alcoholics Anonymous

617-426-9444

[www.aa.org](https://www.aa.org)

Al-Anon/Children of Alcoholics

508-366-0556

<https://alanonma.org/en/>

Women for Sobriety

215-536-8026

[www.womenforsobriety.org](https://www.womenforsobriety.org)

Smart Recovery Self-Help Network

781-891-7574

[www.smartrecovery.org](https://www.smartrecovery.org)

Narcotics Anonymous

866-624-3578

[www.na.org](https://www.na.org)

Cocaine Anonymous

781-551-6677

[www.ca.org](http://www.ca.org)