Pitzer College Alcohol and Drug Policy
In light of Pitzer’s distinct educational objective that students develop “concern with the social consequences and ethical implications of knowledge and action,” the College has put in place an alcohol and drug policy grounded in the individual and collective responsibility of each member of the Pitzer community. It is the College’s intent that, “through examining the social consequences and ethical implications of the issues they explore, students learn to evaluate the effects of individual actions and social policies and take responsibility for making the world we live in a better place.” This policy seeks to apply this philosophy to the social life of our own community.
As an institution of higher education, Pitzer College seeks to promote responsible decision-making on the part of all members of the College community, especially in choices which affect their own health and safety and that of others. The irresponsible use and abuse of alcohol, drugs, and tobacco can result in serious health damage, such as liver disease, respiratory problems and brain damage. Misuse can lead to socially and morally unacceptable behavior such as driving under the influence, sexual violence and violation, impaired judgment with regard to safer sex practices, vandalism and property damage. Such behavior, in addition to being destructive to individuals, is destructive of the community environment that is a key element of Pitzer College.
Students are encouraged to take advantage of alcohol and drug education opportunities made available through college resources such as regular alcohol awareness workshops offered to Pitzer students through Health Education Outreach. Additional resources are available for individual needs. Among those who have been trained and are prepared to provide information support and referral are Resident Assistants, Residence Directors, Deans, and. Students may also wish to consult faculty advisers or the Office of the Chaplains. Monsour Counseling Center can arrange for professional assessment of substance use and abuse and can provide referral for professional treatment. Students are urged to utilize the full range of services and resources that are thus made available to them.
In adopting and implementing its alcohol and drug policy, Pitzer College is complying with Public Law 101-226, the Drug Free Schools and Communities Act, which requires the College to have a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol on its property or as part of any of its activities.
In November 2016, California voters approved the passage of Proposition 64, making the recreational use of marijuana by those 21 and older legal. However, as a recipient of federal funds, Pitzer remains in compliance with the federal Drug-Free Schools and Communities Act, as well as the Drug-Free Workplace Act which prohibits marijuana possession, cultivation, sale, transfer, and/or use at colleges and universities. Pitzer receives federal funding and must comply with this federal law in order to receive federal funding.
As such, marijuana use and possession on Pitzer’s campus is prohibited. Documentation of medically prescribed marijuana will not exempt a student or their guest from complying with the College’s Drug Policy. Marijuana, other drugs and drug paraphernalia, including bongs, pipes and all smoking devices are in violation of Pitzer’s Code of Student Conduct, and will be confiscated and discarded if observed by members of the College staff. Pitzer College encourages students to engage in responsible use practices.
In addition, there are liability issues for both students and the College. Pitzer College community members, regardless of status, are subject to local, state and federal laws, as well as applicable campus policies, and in light of our educational objectives, are to exercise personal and collective responsibility in regard to these laws and campus policies. Faculty adherence is a matter for the Dean of Faculty. Staff adherence is a matter for the Director of Human Resources. Student adherence is the responsibility of the Dean of Students. The following College regulations on alcohol and drug use apply to students.
The College will, whenever possible, seek to use educational and rehabilitative methods to deal with problems related to drug and alcohol consumption. However, where offenses warrant, the College will not hesitate to use all sanctions available, including expulsion from the College. The range of sanctions is listed under the Code of Student Conduct.
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Regulations Regarding Alcoholic Beverages
The illegal consumption of alcohol and drugs is not permitted at Pitzer College, or at College-sponsored off-campus activities, and is subject to administrative or judicial response. Furthermore, the College strongly discourages the irresponsible consumption of alcohol at the College and at College-sponsored off-campus activities. The consumption of alcohol by students over 21 years of age is allowed at approved registered events and in the privacy of their own room, provided their behavior does not disturb others. The following are the Colleges alcohol policies:
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Alcohol possession in residence halls is permitted only by students of legal age (21). Alcohol may be consumed only by legal-age students in students’ rooms, or with the exception of special events, registered with the Dean of Students or their designee. Consumption of alcohol should not infringe on the rights of other students.
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Students of legal age may not give or sell alcohol to students under the legal age to transport, possess or consume. Students under the legal age may not transport, possess, consume or purchase alcohol in any area of the residence halls.
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Students under the legal age may not possess any empty alcoholic beverage containers in their residence hall rooms. The only exception is when a roommate is of legal age and owns the container.
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Alcohol containers should not be displayed in areas visible to the public and are subject to disposal if observed.
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Students may not possess or transport open containers of alcoholic beverages in public areas.
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Students may not consume alcoholic beverages in public areas including, but not limited to: administrative and academic buildings, residence hall common areas including lobbies, living rooms, special purpose rooms, corridors, basements, stairwells, laundry and vending machine areas; and outdoor areas including sun decks, courtyards, parking lots, etc.
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Large quantities of alcohol are prohibited at unregistered events, in private rooms and in residence halls (e.g. kegs, pony kegs, beer balls, etc.). Such quantities of alcohol and dispensing devices will be confiscated and will not be returned.
- The Substance Free Early Arrival Period and Dry Week policy is in effect at the beginning of the fall semester, once early arrivals come to campus, throughout Orientation and the first week of classes. Dry Week ends on the Sunday after the first week of classes. Being “dry” means alcohol and other substances may not be consumed or served on campus.
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Games that are centered on alcohol, focus on drinking large quantities of alcohol or promote irresponsible drinking are prohibited. Any devices or paraphernalia which aid in these games will be confiscated and will not be returned. These devices include, but are not limited to beer pong or “Beirut” tables and cups and beer bongs or funnels.
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Disorderly behavior related to alcohol use. Hosts, sponsoring individuals and/or organizations are responsible and accountable for such behavior.
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Any advertising for events, which indicates or implies that alcohol is to be served or sold. The College requires the prior approval of all advertising for events by the Dean of Students or her/his designee.
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The use of student activity funds to purchase alcoholic beverages.
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Tampering or altering student ID’s or using false ID.
- Regulations Regarding Drugs
The following are prohibited:
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The possession, use, cultivation, sale, or transfer of illicit drugs. Such drugs will be confiscated and may be destroyed.
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The selling or transfer of prescription drugs.
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The possession of drug paraphernalia, including pipes, needles or other contrivances used in the consumption of illicit drugs. Such paraphernalia will be confiscated and may be destroyed.
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Disorderly behavior related to drug use. Individuals will be held accountable for such behavior.
- Registration of Special Events
See Event Registration and Hosting Guidelines - Alcohol for the alcohol policy for registered events through the Office of Student Affairs.
State and Local Alcohol and Drug Laws
Each member of the Pitzer community is individually and personally responsible for compliance with the applicable provisions of the law of the State of California. The following codes are provided for your information:
Possession by a Person(s) Under 21 Years of Age
Any person under the age of 21 years who has any alcoholic beverage in their possession on any street or highway or in any public place open to the public is guilty of a misdemeanor (PC.25662).
In 1988 California amended Bus. & Prof. Code 25662. The amendment states that peace officers who lawfully enter premises may confiscate alcoholic beverages which are in plain view and possessed by or provided to underage persons at social gatherings. The gatherings must be open to the public, have ten or more underage persons in attendance, with those under 21 consuming alcoholic beverages and no supervision by the parent or guardian of one or more of the participants. Alcoholic beverages in open containers that are confiscated may be destroyed while those in unopened containers shall be impounded for no more than seven working days after which they too may be destroyed. Unopened containers may be released within the seven days to the owner or resident of the property provided they are 21 years of age. (Bus. & Prof. Code 25662(b))
Sales, Furnishing Alcohol to a Minor
Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor (B & PC. 25658).
Any person under the age of 21 years who purchases any alcoholic beverage or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100), no part of which shall be suspended. The penalty is more severe under the Penal Code Section 272, which states if any person provides an alcoholic beverage to a minor person under 18 he/she will be contributing to the delinquency of a minor, which is also a misdemeanor. The maximum penalty for the violation of this code section is one year in the County Jail for each count and/or $1,000 fine for each count. It should be pointed out that each minor so provided with an alcoholic beverage is a separate count and may be charged by the District Attorney (PC. 272).
Sales to an Intoxicated Person
Every person who sells, furnishes, or gives alcohol to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor (25602).
False Evidence of Age and Identity
Any person under the age of 21 years who presents or offers to any licensee, his/her agent or employees, any written, printed, or photo static evidence of age which is false for the purpose of purchasing, attempting to purchase, or otherwise procuring or attempting to procure the serving of any alcoholic beverage, or who has in his possession any false or fraudulent written, printed, or photo static evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least two hundred dollars, no part of which shall be suspended.
Possession in Motor Vehicle by Minor
No person under the age of 21 years shall knowingly possess, transport, or have under his/ her control in any motor vehicle any alcoholic beverage, unless such person is accompanied by a parent or legal guardian or is employed by a license under the Alcoholic Beverage Control Act (Division 9, commencing with Section 23000, of the Business and Professions Code), and is possessing, transporting or has such alcoholic beverage in a motor vehicle under his/her control during regular hours and in the course of his/her employment. If the vehicle used in any violation, as mentioned in the previous paragraph, is registered to such person under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than thirty days for each violation (VC 23224).
Marijuana
Marijuana Possession
Health and Safety Code 11357
This is the California marijuana law that sets forth the rules for personal possession of marijuana. Possession for personal use of not more than 28.5 grams of marijuana (a bit more than an ounce) is legal in California as of November 9, 2016, for people age 21 and older. So is possession of up to 4 grams of concentrated cannabis (hashish).
Marijuana Cultivation
Health and Safety Code 11358 as amended by Proposition 64, allows most people who are 21 and over to cultivate up to six (6) marijuana plants. People under 21 who grow any amount of marijuana, though, are guilty of an infraction. People under 18 who cultivate marijuana illegally must attend drug counseling and perform community service. People 18 and over (but under 21) may be fined up to $100. And cultivating over six marijuana plants remains a crime. Most defendants who plant, cultivate, harvest, dry or process more than 6 living marijuana plants will be charged with a misdemeanor and face up to six (6) months in county jail and/or a fine of up to $500.
AND cultivating more than 6 marijuana plants can be charged as a California felony for the following defendants:
- People with serious violent felonies on their record;
- Registered sex offenders;
- Defendants who have two (2) or more prior convictions for cultivating more than six
- marijuana plants; and
- Defendants who violate certain California environmental laws in their marijuana cultivation activities.
Possession for Sale of Marijuana
Proposition 64 legalized the sale of marijuana–but only for businesses that obtain and operate in accordance with a state license (and possibly local licenses as well). As a result, possession of marijuana with the intent to sell it without a license remains a crime under HS. For most adult defendants, HS 11359 possession for sale without a license is a misdemeanor, carrying the following penalties:
- Up to six (6) months in county jail, and/or
- A fine of up to five hundred dollars ($500).
But marijuana possession for sale without a license is a felony if any of the following is true:
- You have a prior conviction for one of a list of particularly serious violent felonies, including murder, sexually violent offenses, sex crimes against a child under 14, or gross vehicular manslaughter while intoxicated, or a sex crime that requires you to register as a sex offender;
- You have two (2) or more prior misdemeanor convictions for marijuana possession for sale; or
- You possessed marijuana for sale in connection with a knowing sale or attempted sale to someone under 18.
- For these defendants, possessing marijuana for sale is punishable by 16 months, or two or three years in county jail.
Proof of intent to sell marijuana without a license is usually made by circumstantial evidence. Such evidence can include:
- a large quantity of marijuana,
- the presence of items such as baggies and scales,
- pot divided into multiple baggies or containers,
- the presence of cash and/or weapons, and/or
- the opinion of the arresting officer that the marijuana was for sale.
Transportation of Marijuana
Transportation for sale of marijuana under HS 11360 is punishable by two (2), three (3) or four (4) years in jail. Finally, transporting marijuana without intent to sell it, or giving marijuana away, is not a crime in California so long as both of the following are true:
You transport or give away not more than 28.5 grams of marijuana or eight grams of concentrated cannabis, and
Any people you give marijuana to are 21 years of age or older.
Possession of Drug Paraphernalia
It is unlawful to possess an opium pipe or any device, contrivance, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substance or a controlled substance, which is classified as a narcotic drug (Sec. 11364).
Controlled Substances
Unauthorized Possession of Controlled Substances
Except as otherwise provided every person who possesses (1) any controlled substance (as classified) or (2) any controlled substance (as classified) which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in state prison for a period of not less than two years or more than ten years and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned for a period of not less than two years in the state prison (Sec. 11350).
Possession for Sale of Controlled Substances
Except at otherwise provided every person who possesses for sale (1) any controlled substance (as classified) or (2) any controlled substance (as classified) which is a narcotic drug, shall be punished by imprisonment in the state prison for a period of not less than five years or more than fifteen years and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned for a period of not less than two and a half years in the state prison (Sec. 11351).
Transportation of Controlled Substances
Except as otherwise provided, every person who transports, imports into this state, sells, furnishes, administers or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance (as classified) or (2) any controlled substance (as classified) which is a narcotic drug unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison for a period of five years to life and shall not be eligible for release upon completion of sentence, or parole or any other basis until she/he has been imprisoned for a period of not less than three years in the state prison (Sec. 11352).
Possession with Intention to Manufacture Methamphetamine (PCP)
(PCP) Any person who possesses both methylamine and phenyhl-2propanone (phenyl acetone) at the same time with the intent to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment in the state prison for between one and five years (Sec. 11383).
Federal law prohibits the possession and distribution of controlled substances, including marijuana, cocaine and heroin. Persons found guilty of possession of controlled substances face a federal civil penalty of $10,000 and a criminal sanction of $5,000 and not more than one year in jail. Federal criminal penalties for possession of controlled substances increase according to the amount possessed.
Drugs Risks and Consequences
- Alcohol and other drug use during pregnancy increases risk of physical harms to the fetus.
- Additional risks of harm may occur from toxic impurities present in street drugs.
- Additional risks of harm may occur from the use of prescription drugs in ways other than prescribed.
- Drugs taken by injection can increase the risk of infection (e.g. HIV, hepatitis, etc.) through needle contamination.
For more information visit: www.drugabuse.gov
