Western Nevada CollegeWestern Nevada College Policies

Policy 1-10-1: Drug and Alcohol Abuse Prevention Program Policy

WNC Policy 1-10-1
Procedure: Drug and Alcohol Abuse Prevention Program Policy
Policy No.: 1-10-1
Department: President's Office
Contact: Vice President for Academic and Student Affairs
Policy:

Western Nevada College (WNC) believes that the unlawful possession or abuse of drugs and alcohol by students and employees presents multilevel risks to the individual, the learning environment, and the college as a whole.

  • Section 1: Notice to Students and Employees
    • A. Western Nevada College (WNC) believes that the unlawful possession or abuse of drugs and alcohol by students and employees presents multilevel risks to the individual, the learning environment, and the college as a whole. Substance abuse impedes the process of learning, teaching, personal development, and the overall exercise of a person’s true talents and abilities. There are also serious criminal and disciplinary sanctions that can be imposed on students and employees which will disrupt their studies or careers.
    • B. WNC provides this notice in compliance with federal laws as part of WNC’s program to prevent the possession, use, and distribution of illicit drugs and alcohol by students and employees. The information provided here includes campus rules and regulations pertaining to drugs and alcohol, possible health and social effects, the legal sanctions, and contact information for services and programs that can provide further information and assistance. Additionally, this notice informs students of the implications for eligibility of financial aid when students are convicted of possession or sale of illegal drugs.
    • C. At the direction of the President, The Vice President for Academic and Student Affairs, the Dean of Student Services, and the Director of Human Resources will work collaboratively to distribute WNC Policy 1-10-1 to all students enrolled in credit classes and all employees every September and February by mail, email or by causing a link to the policy along with a brief description of the policy to be sent.
  • Section 2: Biennial Report
    • A. WNC shall conduct biennial reviews to measure the effectiveness of this drug prevention program, and to ensure consistent treatment in its enforcement of the college’s disciplinary sanctions. The biennial review of the college drug and alcohol abuse prevention program is compiled at the direction of the President, with input from a committee comprised of the Vice President for Academic and Student Affairs, the Dean of Students, the directors of Public Safety, Human Resources, and Disability Support Services, and the Title IX Coordinator with the approval of the president.
    • B. This committee shall prepare a report of findings for each review and maintain its biennial review reports and supporting materials and make them available to the Department of Education and interested parties upon request.
    • C. This committee shall prepare a biennial report in 2018 and every two years thereafter.
  • Section 3: Policy Statement Alcohol/Drug Free Workplace
    • A. Alcohol and drug abuse and the use of alcohol and drugs in the workplace are of concern to the State of Nevada and to the institutions of the Nevada System of Higher Education (NSHE). These institutions comply with the Omnibus Anti-Drug Abuse Act of 1988 and the Drug-Free Schools and Communities Act of 1989. It is the policy of this State and of NSHE to ensure that its employees do not report for work in an impaired condition resulting from the use of alcohol or drugs; consume alcohol while on duty; or unlawfully possess or consume any drugs while on duty, at a work site or on State or NSHE property, or while driving an NSHE vehicle (NRS 284.406, NRS 284.4065). Any employee who violates this policy is subject to disciplinary action.
      • 1. As provided by statute, any employee who (a) exhibits signs and symptoms consistent with alcohol and/or drug intoxication (NRS 284.4065, NAC 284.888); (b) is involved in a workplace vehicle accident in accordance with NRS 284.4065(2)(b) and NAC 284.888; (c) is involved in a workplace accident for which they seek medical treatment in accordance with NAC 284.888 or who (d) applies for a position approved by the Personnel Commission as affecting public safety, is subject to a screening test for alcohol, drugs, or both (NAC 284.886).
      • 2. Employees found to be under the influence of drugs or alcohol while on duty may be referred to the Employee Assistance Program. Nevada Administrative Code 284.884 defines the maximum concentration of alcohol in blood or breath as greater than .02 grams. The Appointing Authority shall take into consideration the circumstances and actions of the employee in determining appropriate disciplinary action.
      • 3. Each employee is required to inform his/her supervisor as soon as possible after consuming any drug which could interfere with the safe and efficient performance of the employee’s duties (NRS 284.4063).
      • 4. Any employee who is convicted of violating a federal or state law prohibiting the sale of a controlled substance must be terminated as required by NRS 193.105, regardless of where the incident occurred.
      • 5. Any employee who is convicted of driving under the influence in violation of NRS 484.379 or of any other offense for which driving under the influence is an element of the offense is subject to discipline up to and including termination if the offense occurred while he was driving a State vehicle or a privately owned vehicle on State business.
      • 6. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace is prohibited. Any employee who is convicted of unlawfully giving or transferring a controlled substance to another person or who is convicted of unlawfully manufacturing or using a controlled substance while on duty or on the premises of State/NSHE property will be subject to discipline up to and including dismissal.
      • 7. The term, “controlled substance” means any drug defined as such under the regulations adopted pursuant to NRS 453.146. Many of these drugs have a high potential for abuse. Such drugs include, but are not limited to, heroin, marijuana, cocaine, POCP, and “crack”. They also include “legal drugs” which are not prescribed by a licensed physician.
      • 8. In accordance with the federal Drug Free Workplace Act, each employee is required to inform his or her employer in writing within five days after he or she is convicted for violation of any federal or state criminal drug statute when such violation occurred while on duty or on the employer’s premises.
      • 9. In accordance with the federal Drug Free Workplace Act, any government agency with which the NSHE holds a contract or grant will be notified within ten days after receiving notice that an employee of the agency was convicted within the meaning used in paragraph 8 above.
      • 10. All of the NSHE health insurance plans include coverage for chemical dependency treatment programs. Coverage differs so please contact your health care provider to find out what benefits are specific to your plan.
      • 11. The NSHE Employee Assistance Program (EAP) also provides help to Nevada System of Higher Education employees and their families with alcohol and/or drug problems. The EAP can be reached by calling 1-877-234-5151. (Espaňol 1-888-732-9020). This assistance is provided by off-campus resources and is completely confidential. Administrative leave may be granted for two visits to the EAP.
      • 12. Faculty and Staff of these institutions may refer students for assistance through the appropriate Student Services office.
    • B. This policy is applicable to all employees. Specific federal guidelines, statutory provisions and regulations applicable to this policy are set down in the Drug Free Workplace Act, NSHE Handbook, and Chapter 284 of the Nevada Revised Statutes and Nevada Administrative Code.
    • C. The policy does not restrict agencies from augmenting the provisions of this policy with additional policies and procedures which are necessary to carry out the regulatory requirements of the Drug Free Workplace Act. In accordance with the Governor’s Alcohol and Drug-Free Workplace Policy, all new employees must receive a copy of this policy. They are required to sign a form acknowledging receipt of the policy for inclusion in their personnel file.
  • Section 4: Illegal Drugs
    • A. WNC is a drug free institution. Nevada state law and the Nevada System of Higher Education (NSHE) regulations prohibit the manufacture, distribution, possession or use of illegal or unauthorized drugs or drug paraphernalia on WNC property or at a WNC-sponsored activity.
    • B. The possession or use of prescription drugs without a proper prescription is a crime in the State of Nevada. A student’s possession of a “medical marijuana card” or similar documentation supporting the use of illegal drugs will not excuse or permit the manufacture, distribution, or use of illegal or unauthorized drugs or drug paraphernalia on WNC property or at a WNC-sponsored activity.
    • C. Violations of the law or NSHE regulations will result in disciplinary action for students and employees up to and including expulsion of students and/or termination or employment pursuant to Nevada state law, the WNC Student Conduct Code and the NSHE Code, and referral for criminal prosecution. Nevada law requires WNC to immediately terminate the employment of any employee who is convicted of violating a federal or state law prohibiting the sale of a controlled substance regardless of where the incident occurred. The term “controlled substance” means any drug defined as such under the regulations adopted pursuant to NRS 453.146. Many of these drugs have a high potential for abuse. Such drugs include, but are not limited to, heroin, marijuana, cocaine, PCP, and crack. They also include legal drugs which are not prescribed by a licensed physician.
    • D. These violations are serious matters and can significantly impact education and employment.
  • Section 5: Alcohol
    • A. WNC does not permit possession of alcohol on its property except for limited situations. The legal age for drinking alcohol in the State of Nevada is 21 years of age. Moreover, alcohol abuse or excessive drinking by those of lawful age has become more prevalent with tragic cases reported of death or serious impairment. This includes the forced consumption of alcohol in conjunction with initiations or affiliation with any organization; WNC prohibits any type of initiations requiring the consumption of alcohol.
    • B. WNC policy allows the use or consumption of alcohol on WNC property only in limited situations with the written approval of the president.
  • Section 6: Marijuana
    • A. On January 1, 2017, Nevada legalized marijuana for persons 21 years of age or older with certain limitations, including that it can only be purchased from a state-licensed retail marijuana store and that it cannot be used in any public place.
    • B. Despite the state having legalized marijuana, Federal law prohibits the use of marijuana, including for medical purposes, on college and university campuses that receive federal funding. The use, possession, or cultivation of marijuana, including for medical purposes, on any NSHE or NSHE Foundation owned or leased property, or at any NSHE sponsored authorized activity, is expressly prohibited.
    • C. Students, employees, faculty, guests, and/or visitors who violate this policy are subject to applicable disciplinary, legal and/or administrative action.
  • Section 7: Impairment in the Workplace and Classroom
    • A. It is the policy of the State of Nevada to ensure that its employees do not report for work in an impaired condition resulting from the use of alcohol or illegal drugs, or consume alcohol or use illegal drugs while on duty (including driving a personal vehicle while on college business or driving a state vehicle). Alcohol and drug-abuse and the use of alcohol and drugs in the workplace are issues of concern to the State of Nevada. Any employee who appears to be in an impaired condition at work is subject to a screening test for alcohol or drugs, and disciplinary action up to and including termination of employment. Referral to an employee assistance program is also possible.
    • B. Any State employee convicted of driving under the influence in violation of NRS 484.379 or any other offense for which driving under the influence is an element of the offense, and the offense occurred while driving a State vehicle or a private vehicle while on WNC business, is subject to discipline up to and including termination.
    • C. Any WNC student who comes to campus in an impaired condition resulting from the use or consumption of alcohol, nonprescribed drugs or illegal drugs may be referred for discipline under the WNC Student Code of Conduct, especially if his or her condition causes the student to act in a particular manner.
  • Section 8: Health Risks Associated with Drug Abuse and Alcohol Use
    • A. Depressants (e.g., alcohol, tranquilizers, benzodiazepines such as Xanax or Valium)
      • 1. Poor concentration, coordination and judgment
      • 2. Inability to reason and make decisions
      • 3. Mood swings
      • 4. Fatigue
      • 5. Liver diseases
      • 6. Ulcers
      • 7. Birth defects
      • 8. Depression
      • 9. Malnutrition
      • 10. Heart disease and stroke
      • 11. Certain cancers
      • 12. Brain damage
      • 13. Drowsiness
    • B. Stimulants (e.g., cocaine, crack, amphetamines such as Ritalin, “meth”)
      • 1. Nervousness, short attention span, poor judgment, mood swings, paranoia or hallucinations
      • 2. Depression caused by withdrawal
      • 3. Death from heart or respiratory failure, stroke or seizures
      • 4. Lung and voice damage
      • 5. Hepatitis or AIDS
    • C. Cannabinoids (e.g., marijuana, hashish)
      • 1. Poor short term memory
      • 2. Slowed reflexes
      • 3. Problems judging time, depth, and distance
      • 4. Lung damage
      • 5. May harm immune system or fertility
    • D. Hallucinogens (LSD, psilocybin mushrooms, PSP/angel dust)
      • 1. Disorganization
      • 2. Hostile feelings toward others
      • 3. Short attention span
      • 4. Poor motor skills
      • 5. Self-inflicted injury brain hemorrhage
      • 6. High blood pressure
      • 7. Increased heart rate
      • 8. Heart failure
      • 9. Convulsions, coma, and death
    • E. Inhalants (glue, nitrous oxide, aerosol sprays)
      • 1. Confusion
      • 2. Difficulty walking rapid heart rate
      • 3. Sudden brain damage
      • 4. Damaged sense of smell
      • 5. Liver damage
      • 6. Lung damage
      • 7. Kidney problems
    • F. Anabolic Steroids
      • 1. Aggressive behavior
      • 2. Mood swings withdrawal can cause depression
      • 3. Liver disease
      • 4. Heart attack
      • 5. Stroke
      • 6. High cholesterol levels
      • 7. In men, breast development, small testicles, and sterility
      • 8. In women, deep voice, acne, hair growth, and decrease in breast size
  • Section 9: Services and Programs That Can Help
    • A. WNC Resources
      • 1. WNC Counseling Center: WNC counselors are available for individual consultation to help students with personal problems and concerns. All matters discussed with counselors at WNC are kept confidential. https://www.wnc.edu/counseling/.
      • 2. WNC Behavioral Intervention Team (BIT): WNC’s Behavioral Intervention Team helps meet the needs of distressed, distressing, and/or disruptive students, and provides a resource for staff, faculty, and students. https://www.wnc.edu/bit/
    • B. Other Resources
      • 1. Confidential information and counseling services for alcohol and other drugs are available at WNC and in the Carson City, Fallon and rural centers areas.
      • 2. Counseling services include prevention, crisis intervention, assessments and evaluations, and treatment via on-campus services and/or community referrals.
      • 3. For WNC employees, an Employee Assistance Program is also available.
      • 4. For students, counseling is provided through WNC Counseling Services.
      • 5. Toll-free information
        • a. National Institute on Drug Abuse Hotline:
          1-800-662-HELP (4357)
          Refers callers to local drug treatment centers and support groups.
        • b. American Council on Alcoholism Helpline:
          1-800-527-5344
          Refers callers to local alcohol and drug treatment centers.
        • c. Al-Anon: 
          1-800-344-2666
          Will refer families of substance abusers to group meeting in their local area.
        • d. Cocaine Hotline 
          1-800-COCAINE
          Will send a brochure on cocaine use.
      • 6. Local Groups/Groups for Families
        • a. Alcoholics Anonymous: 775-329-7593
          Al-Anon: 775-348-7103
        • b. Narcotics Anonymous 
          Carson City: 775-883-5110 
          Reno: 775-322-4811
        • c. Family Counseling Service of Northern Nevada: 775-329-0623
        • d. United Way Information/Referral Line: 775-322-8668
  • Section 10: Sanctions
    • A. Violations of the law or NSHE regulations will result in disciplinary action for students and employees up to and including expulsion of students and/or termination of employment pursuant to the WNC Student Code of Conduct and the NSHE Code, and referral for criminal prosecution. Sanctions for student organizations may include the completion of an appropriate educational or rehabilitation program. Guests of the college will be subject to denial of permission to come onto a WNC campus, educational site or center, and for future use of its facilities. These violations are serious matters and can significantly impact education and employment.
  • Section 11: State and Federal Criminal Statutes
    • A. In addition to the WNC Student Conduct Code, a student will be subjected to all local, state, and federal laws related to substance abuse or the possession/use of alcohol. The following state law apply to any student conduct, whether on or off campus. In these instances, the student is being regarded as a resident of the state of Nevada.

      The following content, DUI & DWI in Nevada, © 1999 - 2018 DMV.org. All rights reserved. Retrieved August 27, 2018 from https://www.dmv.org/nv-nevada/automotive-law/dui.php. We thank DMV.org for its permission to reproduce this content.
       
      Across the United States, driving under the influence of drugs or alcohol (DUI) is a serious offense and carries harsh penalties. It's no different in the state of Nevada. Beyond alcohol and illegal drugs, the DUI charge even applies to prescription and over-the-counter remedies when taking them impairs your ability to safely drive a car.

      Blood Alcohol Concentration Limit

      The illegal blood alcohol concentration (BAC) limit in Nevada is:

      • 0.02% for drivers under 21 years old
      • 0.04% for commercial license holders
      • 0.08% for everyone else

      The BAC applies only to alcohol. If any detectable amount of an illegal substance is found, you'll receive at least the same penalties as you would for alcohol, and perhaps even more.

      What is a DUI in Nevada?

      The Illegal Per Se Law simply means that driving with a BAC at or above the legally prescribed limit is an offense in and of itself. However, because the BAC limits are just a guide, you can also be arrested or cited for having a lower―but still detectable―amount of alcohol in your system.

      The Implied Consent Law means that you must submit to BAC testing when requested by a police officer. Getting into the car while under the influence of drugs or alcohol already "implies" your consent to being tested. If you resist, law enforcement has been given permission to use reasonable force. You can also be arrested immediately for resisting (this is the more likely result).

      The Open Container Law makes it illegal to drive a vehicle with opened alcoholic beverages anywhere in the car. It doesn't apply, however, to the living areas of a motor home or RV, or the passenger areas of buses, taxis, and limousines.

      Additional penalties can come from "aggravating circumstance". These can include such things as a DUI charge when you had a passenger under 15 years old in your car.

      Nevada DUI Penalties

      Refusing a Chemical Test Penalties

      Do not think that refusing a chemical test will keep you from any penalties. The first time you refuse a chemical test you will have your driver's license suspended for a minimum of 1 year.

      Administrative Penalties

      If you are charged with a DUI your license will be suspended by the Department of Motor Vehicles. You do have the option to appeal an administrative revocation by requesting a hearing. To request a hearing you must contact your local Office of Administrative Hearings. They can help you with the steps needed to appeal a suspension. You can also read the Hearings Brochure by the NV DMV.

      The administrative penalties for a 1st offense DUI are:

      • License revocation: 90 days.
      • Victims Compensation Civil Penalty: $35.
      • Ignition Interlock Device (installation and monthly monitoring).
      • Driver's License Fee: $42.25.
      • Testing Fee: $26.
      • Reinstatement Fee: $121.
      • SR-22 Certificate of Liability Insurance: Required 3 years.

      The more offenses you have the stiffer the penalties.

      You may be eligible for a restricted license after you have served a portion of your revocation time. For a 1st offense you must wait at least 45 days. For a 3rd offense you will have to wait a minimum of 1 year. A 2nd offense DUI is not eligible for a restricted license until all of the suspension time has been completed.

      Criminal Penalties

      If you are convicted of driving under the influence, you will be charged an extra $60 for the chemical tests, if any were done at the time of your arrest.

      First DUI conviction:

      • Jail sentence of 2 days to 6 months OR 96 hours of community service.
      • Fine of $400 to $1,000.
      • Mandatory attendance at DUI school.
      • Possible order to attend a substance-abuse treatment program.
      • Driver’s license revoked 90 days.

      Second DUI conviction within 7 years:

      • Jail sentence or home arrest 10 days to 6 months.
      • Fine of $750 to $1,000.
      • 100 to 200 hours of mandatory community service.
      • Possible car registration suspension.
      • Possible order to attend a substance-abuse treatment program or undergo clinical supervision for up to 1 year.
      • Driver’s license revoked 1 year.

      Third (or more) DUI conviction within 7 years:

      • Prison sentence of at least 1 to 6 years.
      • Fine of $2,000 to $5,000.
      • Possible suspension of your vehicle registration.
      • Driver’s license revoked 3 years.

      Under 21 years old

      DUI criminal penalties, for those under 21 years old are the same as above, but these minor drivers may also have to undergo an evaluation for alcohol and drug abuse. The evaluation could lead to required treatment ordered by the court.

      DUI causing death or serious injury (even on a first offense):

      • Driver’s license revoked for 3 years.
      • Prison sentence of 2 to 20 years.
      • Fine of $2,000 to $5,000.

      If you are arrested for a DUI offense, you're in for some time at the police station and some time in court. You may wish to have a DUI lawyer by your side while you make the decision whether to plead guilty or not guilty. If you decide to fight the charges, you'll have your best chance of succeeding if you appoint a lawyer.


      Underage Purchase, Consumption, or Possession of Alcoholic Beverages in Nevada

      NRS 202.020

      Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.

      NRS 202.020  Purchase, consumption or possession of alcoholic beverage by minor; penalties; exceptions.
            1.  Except as otherwise provided in this section, a person under 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.
            2.  Except as otherwise provided in this section, a person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.
            3.  A person under 21 years of age is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person requests emergency medical assistance for another person whom he or she reasonably believes is under 21 years of age if the person making the request:
            (a) Reasonably believes that the person who consumed the alcohol is in need of such assistance because of the alcohol consumption;
            (b) Is the first person to request emergency medical assistance for the person;
            (c) Remains with the person until informed that his or her presence is no longer necessary by the emergency medical personnel who respond to the request for assistance for the person; and
            (d) Cooperates with any provider of emergency medical assistance, any other health care provider who assists the person who may be in need of emergency medical assistance because of alcohol consumption and any law enforcement officer.
            4.  A person under 21 years of age for whom another person requests emergency medical assistance pursuant to subsection 3 is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2.
            5.  A person under 21 years of age is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person:
            (a) Requests emergency medical assistance because he or she reasonably believes that he or she is in need of medical assistance because of alcohol consumption; and
            (b) Cooperates with any provider of emergency medical assistance, any other health care provider who provides assistance to him or her and any law enforcement officer.
            6.  This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction, except that any such ordinance must not conflict with the provisions of subsection 3, 4 or 5 or create criminal liability for a person to whom an exemption set forth in subsection 3, 4 or 5 applies.
            7.  For the purposes of this section, possession “in public” includes possession:
            (a) On any street or highway;
            (b) In any place open to the public; and
            (c) In any private business establishment which is in effect open to the public.
            8.  The term does not include:
            (a) Possession for an established religious purpose;
            (b) Possession in the presence of the person’s parent, spouse or legal guardian who is 21 years of age or older;
            (c) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;
            (d) Possession in private clubs or private establishments; or
            (e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his or her lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.
            [1:272:1947; 1943 NCL § 10594.02] - (NRS A 1967, 482; 1987, 482; 2015, 1450)

      NRS 202.030

      Any person under 21 years of age who shall loiter or remain on the premises of any saloon where alcoholic beverages are sold shall be punished by a fine of not more than $500.

      NRS 202.030  Minor loitering in place where alcoholic beverages sold.  Any person under 21 years of age who shall loiter or remain on the premises of any saloon where spirituous, malt or fermented liquors or wines are sold shall be punished by a fine of not more than $500. Nothing in this section shall apply to:
            1.  Establishments wherein spirituous, malt or fermented liquors or wines are served only in conjunction with regular meals and where dining tables or booths are provided separate from the bar; or
            2.  Any grocery store or drugstore where spirituous, malt or fermented liquors or wines are not sold by the drink for consumption on the premises.
            [1:99:1949; A 1955, 144] - (NRS A 1967, 482)

      NRS 202.040

      Every minor who shall falsely represent him/herself to be 21 years of age in order to obtain any intoxicating liquor shall be guilty of a misdemeanor.

      NRS 202.040  False representation by minor to obtain intoxicating liquor.  Every minor who shall falsely represent himself or herself to be 21 years of age in order to obtain any intoxicating liquor shall be guilty of a misdemeanor.
            [Part 1911 C&P § 241; A 1925, 212; NCL § 10188]

      NRS 202.055

      Every person who knowingly sells, gives, or otherwise furnishes an alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.

      NRS 202.055  Sale or furnishing of alcoholic beverage to minor; aiding minor to purchase or procure alcoholic beverage; policy to prevent minor from obtaining alcoholic beverage through use of Internet.
            1.  Every person who knowingly:
            (a) Sells, gives or otherwise furnishes an alcoholic beverage to any person under 21 years of age;
            (b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age; or
            (c) Furnishes, gives, or causes to be given any money or thing of value to any person under 21 years of age with the knowledge that the money or thing of value is to be used by the person under 21 years of age to purchase or procure any alcoholic beverage,
      is guilty of a misdemeanor.
            2.  Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under 21 years of age.
            3.  Every person who sells, gives or otherwise furnishes alcoholic beverages through the use of the Internet shall adopt a policy to prevent a person under 21 years of age from obtaining an alcoholic beverage from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers the alcoholic beverages obtains the signature of a person who is over the age of 21 years when delivering the beverages and that the packaging or wrapping of the alcoholic beverages when they are shipped is clearly marked with words that describe the alcoholic beverages. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
            (Added to NRS by 1967, 482; A 1969, 22; 1987, 482; 2001, 2788)

      NRS 205.460

      Preparation, transfer or use of false identification regarding a person under 21 years of age is a misdemeanor.

      NRS 205.460  Preparation, transfer or use of false identification regarding person under 21 years of age; penalties; demand of proof of age as defense to certain proceedings.
            1.  Every person who counterfeits, forges, alters, erases or obliterates, or who attempts to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document, or any photocopy print, photostat, or other replica of any card, writing, paper or document which is designed for the purpose of personal identification and which bears the age of the holder or purported holder thereof, or which, although not designed for the purpose of personal identification, is commonly used, or capable of being used for the purpose of personal identification and bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document, or photocopy print, photostat or other replica thereof, be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, shall be guilty of a misdemeanor. For the purposes of this subsection, the cards, writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, include, but are not limited to, an operator’s license, chauffeur’s license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.
            2.  Every person who sells, lends, gives away or offers, or attempts to sell, lend, give away or offer, any counterfeited, forged, altered, erased or obliterated card, writing, paper or document, or photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, to a person under the age of 21 years, shall be guilty of a gross misdemeanor.
            3.  Every person under the age of 21 years who uses or attempts to use or proffers any counterfeited, forged, erased or obliterated card, writing, paper, document, or any photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when the purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document, or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.
            4.  In any criminal prosecution or proceeding for the suspension or revocation of any license based upon the violation of any law making it unlawful to sell, serve or furnish a person under the age of 21 years alcoholic liquor or upon violation of any law making it unlawful to allow a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, proof that the defendant licensee, or his or her agent or employee, demanded and was shown, immediately before furnishing any alcoholic liquor to a person under the age of 21 years or allowing a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, bona fide documentary evidence of the majority and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, an operator’s license for a motor vehicle, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosecution or proceeding for the suspension or revocation of any license.
            [1:367:1955] + [2:367:1955] + [3:367:1955] - (NRS A 1959, 149; 1991, 391)

      NRS 193.150

      Punishment of misdemeanors.

      NRS 193.150  Punishment of misdemeanors.
            1.  Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
            2.  In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.
            [1911 C&P § 20; RL § 6285; NCL § 9969] - (NRS A 1967, 459; 1981, 487, 652; 1991, 1931; 2001 Special Session, 136)


      Unlawful Possession of Controlled Substances

      NRS 453.336

      The penalties for the unlawful possession of controlled substances ranges from a misdemeanor to felonies and fines, depending on the substance and whether the unlawful possession is a first or a repeat offense.
       
      NRS 453.336  Unlawful possession not for purpose of sale: Prohibition; penalties; exception.
            1.  Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.
            2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
            (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
            (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
            (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.
            (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.
            3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
            4.  Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:
            (a) For the first offense, is guilty of a misdemeanor and shall be:
                   (1) Punished by a fine of not more than $600; or
                   (2) Examined by a treatment provider approved by the court to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580. As used in this subparagraph, “treatment provider” has the meaning ascribed to it in NRS 458.010.
            (b) For the second offense, is guilty of a misdemeanor and shall be:
                   (1) Punished by a fine of not more than $1,000; or
                   (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.
            (c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.
            (d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
            5.  It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.
            6.  As used in this section:
            (a) “Controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
            (b) “Marijuana” does not include concentrated cannabis.
            (c) “Sterile hypodermic device program” has the meaning ascribed to it in NRS 439.986.
            (Added to NRS by 1971, 2019; A 1973, 1214; 1977, 1413; 1979, 1473; 1981, 740, 1210, 1962; 1983, 289; 1987, 759; 1991, 1660; 1993, 2234; 1995, 1285, 1719; 1997, 521, 525, 903; 1999, 1917; 2001, 410, 785, 797, 3067; 2007, 1864; 2013, 2084, 3173; 2015, 743, 3087)

      NRS 453.337

      The penalties for the unlawful possession for sale of Schedule I or II Drugs ranges from 1 to 15 years and/or a fine of not more than $10,000.

      NRS 453.337  Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.
            1.  Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.
            2.  Unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
            (a) For the first offense, for a category D felony as provided in NRS 193.130.
            (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
            (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
            3.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.
            (Added to NRS by 1977, 1407; A 1981, 742; 1983, 291; 1995, 1287; 1997, 904)

      NRS 453.338

      The penalties for the unlawful possession for sale of Schedule III, IV, or V Drugs ranges from 1 to 5 years and/or a fine of not more than $10,000.

      NRS 453.338  Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.
            1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.
            2.  A person who violates this section shall be punished:
            (a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.
            (b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
            3.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable under paragraph (b) of subsection 2.
            (Added to NRS by 1977, 1407; A 1979, 1474; 1981, 743; 1995, 1287; 1997, 523)

      NRS 453.3385

      NRS 453.3385  Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I substances, except marijuana.
            1.  Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marijuana, or any mixture which contains any such controlled substance, shall be punished, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
            (a) Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.
            (b) Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.
            (c) Is 28 grams or more, for a category A felony by imprisonment in the state prison:
                   (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
                   (2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
      > and by a fine of not more than $500,000.
            2.  As used in this section, “marijuana” does not include concentrated cannabis.
            (Added to NRS by 1983, 287; A 1995, 1288; 1997, 905; 1999, 2639; 2015, 3088)
      Federal penalties for trafficking controlled substances ranges from 5 years to life and substantial fines.
  • Section 12: Applicable Laws and Regulations
    • A. NSHE regulations apply to all WNC employees, students, and visitors. NSHE Title 2, Chapter 6, § 6.2.1(h) prohibits any employee to be under the influence of intoxicants, or, without a valid medical excuse, being under the influence of controlled substances while on duty. Title 2, Chapter 6, § 6.2.1(cc) prohibits any employee while on NSHE premises to engage in any act prohibited by local, state or federal law.
    • B. Title 2, Chapter 10, § 10.2.1(s) prohibits the use, possession, or distribution of alcoholic beverages without authorization (except as expressly permitted by System or institutional regulations), or public intoxication, or the use of possession of alcoholic beverages by any person under 21 years of age.
    • C. Title 2, Chapter 10 § 10.2.1(t) prohibits the use, possession, manufacturing or distribution of marijuana, including for medical purposes, and other controlled substances on any NSHE or NSHE Foundation owned or leased property, or at any NSHE sponsored or authorized activity.
  • Section 13: Disciplinary and Legal Sanctions
    • A. Any act prohibited by NSHE regulations or by local, state or federal law which occurs on NSHE property or NSHE functions shall constitute cause for discipline which for students can include a warning, reprimand, restitution, probation, suspension or expulsion. Refer to Policy 3-4-4, Student Conduct. Sanctions for employees can include a warning, reprimand, restitution, reduction in pay, suspension, and termination of employment. Any act that is prohibited by local, state or federal law will be referred for criminal prosecution by the appropriate jurisdictional authorities.
    • B. Impact on Federal Student Aid Eligibility: Drug convictions while enrolled as a student at WNC may affect a student’s eligibility for federal student aid. “Drug convictions during a period of enrollment in which the student is receiving Title IV, HEA program funds, under any federal or state law involving the possession or sale of illegal drugs will result in the loss of eligibility for any Title IV, HEA grant, loan, or work-study assistance.” [HEA Sec. 484(r)(1); 20 U.S.C. 109(r)(1)].
    • C. For more information refer to the U.S. Department of Education’s Federal Student Aid (https://ifap.ed.gov/ifap/) website and the U.S. Department of Education’s Electronic Code of Federal Regulations (https://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.30&rgn=div5) website.
    • D. This annual notice is sent to all Western Nevada College students and employees as part of its drug prevention program in compliance with the Drug-free Schools and Communities Act as further articulated in the Dept. of Education General Administrative Regulations, 34 C.F.R. Subtitle A, Part 86.
Date Adopted and Dates Revised
Date Adopted September 26, 2018 Dates Revised
Please direct comments about this page to the Assistant to the President
URL: https://www.wnc.edu/policymanual/1-10-1.php
Date Printed: August 24, 2019
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