Alcohol and Drug Free Environment Policy

Purpose

To provide a drug-free environment for students, employees and visitors at the College.

Definitions

Adult-Use Cannabis Product

A cannabis product that is approved for sale under M.S. Ch. 342 or is substantially similar. Includes edible cannabis products but does not include medical cannabinoid products or lower-potency hemp edibles.

Alcohol

Any alcoholic beverage or intoxicating liquor as defined in M.S. 340A.101, subd. 2 and subd. 14.

Cannabinoid

Any chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol (THC) and cannabidiol (CBD). Reference to “cannabinoid” in this policy includes cannabis flower, cannabis products, lower-potency hemp edibles and hemp-driven consumer products.

Drugs

Any substance listed in Schedules I, II, III, IV and V of section 202 of the Drug Abuse Prevention and Control Act (21 U.S.C. 812; 21 C.F.R. 1308) or M.S. 152.02. These include all cannabinoids and cannabis products, including those authorized under M.S. Ch. 342.

Medical Cannabis

Any species of the cannabis plant, or any mixture or preparation of cannabis plants, including whole plant extracts and resins, that have been approved by the commissioner of the Minnesota Department of Health under M.S. 152.22 and are delivered in the form of: pill; liquid, including but not limited to oil;  vaporized delivery method with use of liquid or oil; combustion with use of dried raw cannabis; or any other method. Medical cannabis may be prescribed to a patient or person with a qualifying medical condition enrolled in the medical cannabis registry program.

Under the Influence

Impairment, to any degree, of an individual's ability to safely perform an activity as a result of the use of alcohol, drugs, or a combination of both.

Policy

Minnesota State Community and Technical College is committed to providing an environment free of alcohol and drugs for its students, employees and visitors.

The manufacture, distribution, dispensation, possession, use, sale, transfer, trade, and/or offer for sale of drugs or alcohol at the College is prohibited. Employees, students and visitors must not consume or be impaired by or under the influence of drugs or alcohol at the College. 

Employees and students must not operate, use or drive any equipment, machinery or vehicles while consuming or under the influence of drugs or alcohol at the College. This prohibition includes any vehicles or equipment that are owned by, leased or rented on behalf of the state, as well as personal vehicles or equipment. 

Prescription and over-the-counter medications are not prohibited when taken in standard dosage and/or according to a physician’s prescription. The illegal or unauthorized use, possession, sale, trade or offer for sale of prescription medication at the College is prohibited. 

Employees, students and visitors may not use, possess or be impaired by medical or adult-use cannabis on the premises of the College. 

Standards of Conduct

The College standards of conduct prohibit the unlawful possession, use, manufacture or distribution of drugs and alcohol by students and employees at all on-campus activities and off-campus activities  considered to be school-sponsored. Foreign study programs, field trips, etc., also fall under these requirements.

Disciplinary Sanctions

The College shall impose appropriate disciplinary sanctions on students and employees found to violate this policy, up to and including expulsion or termination. Individuals who violate this policy may additionally be subject to legal sanctions, including criminal prosecution, under federal, state or local law. Summary information on legal penalties for violating controlled substance law is found below.

Students working as employees are covered while on duty under the employee sanctions; otherwise, they are covered under the student sanctions.

Policy Distribution

The College distributes the Alcohol and Drug Free Environment Policy by email to new employees at the time of hire, and annually thereafter to all employees. The College distributes a copy of the policy to students via their college email accounts each semester.

Resources for Assistance

Students

Contact a College social worker or counselor for resources to assist with alcohol or drug concerns, or visit www.minnesota.edu/student-support-and-well-being for campus-specific resources.

Employees

The Employee Assistance Program (EAP) provides free, confidential access 24/7/365 to alcohol and drug assistance services for College employees. Call 1.800.657.3719 or visit mylifematters.com (password: STMN1). Contact the College’s Human Resources Office for more information regarding the EAP, local community assistance programs (e.g. Alcoholics Anonymous, Narcotics Anonymous, etc.), counseling, and/or social services.

State and Federal Legal Sanctions Regarding Controlled Substances

Violations of federal and state laws and ordinances may result in misdemeanor or felony convictions and legal sanctions, which include, but are not limited to, the following:

• Fines as determined under local, state, or federal laws;
• Imprisonment, including up to life imprisonment, for possession or trafficking in drugs such as heroin, cocaine, marijuana and prescription drugs;
• Forfeiture of personal and real property;
• Denial of federal benefits such as grants, contracts and student loans;
• Loss of driving privileges;
• Required attendance at substance abuse education or treatment programs.

Federal Sanctions

Federal sanctions for drug felonies can be found at www.dea.gov/drug-information/drug-policy.

State Sanctions

Minnesota Statutes, Chapter 152. Drugs; Controlled Substances

Minnesota Statute Sec. 169A.20 Driving While Impaired

Minnesota Statute Sec. 340A.503 Persons Under 21; Illegal Acts

This section is not intended as legal advice; consult with an attorney regarding specific legal issues.

Responsibilities

Vice President of Human Resources and Vice President of Student Affairs

• Ensure College employees and students have been informed about the Alcohol and Drug Free Environment Policy.
• Enforce the policy by imposing disciplinary sanctions.

College employees, including student employees

• Abide by the terms of this policy.
• Notify immediate supervisor of their conviction for a criminal drug statute violation occurring in the workplace no later than five (5) days after such a conviction.
• Report violations to human resources.

Students and College Visitors

• Abide by the terms of this policy.
• Report violations to the dean of students.

Supporting References

State of Minnesota Prohibition of Alcohol and Drug Use by State Employees

Drug-Free Schools and Campuses Act Amendments of 1989

Drug-Free Workplace Act of 1988

Associated Policies

Minnesota State Board Policy 5.18 Alcoholic Beverages or Controlled Substances on Campus

Minnesota State Community and Technical College Amnesty Policy

Minnesota State Community and Technical College Bystander Policy

Minnesota State Community and Technical College Student Code of Conduct Policy