Drugs and Alcohol Policy

Drugs and Alcohol Policy

Drugs
Montclair State does not condone the medically unsupervised use, possession, sale, manufacture, or distribution of drugs that are illegal.

When such activity occurs on campus, MSU shall initiate appropriate measures, which may include disciplinary action. When such activity occurs off campus, Montclair State nevertheless may consider initiating disciplinary action if the University determines that the activity has a substantial adverse effect upon the University or upon individuals of the University community. In addition, such matters may be reported by the University to the appropriate law enforcement authorities.

A federal or state drug conviction (but not a local or municipal conviction) can disqualify a student for FSA funds.  Convictions only count against a student for aid eligibility purposes (FAFSA question 23c) if they were for an offense that occurred during a period of enrollment for which the student was receiving federal student aid. 

Since involvement with drugs may be associated with medical and psychological problems, students and others with drug problems may be referred to Psychological Services. Students should be aware that Montclair State continually develops and offers programs and courses on drug education and prevention. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based on ability to pay.

Alcohol
University policy related to possession and consumption of alcoholic beverages grows out of two principles: (1) the laws of the State of New Jersey must be strictly enforced and (2) any consumption must occur within a social framework wherein beverages are not the focus of the event.

Students and others with alcohol abuse problems should be aware that they may be referred to Psychological Services for referral and/or counseling information. In addition, a series of programs and courses on alcohol are offered by the University. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based upon ability to pay.

All applicable state and municipal penalties will be imposed by the appropriate municipal county of State court in addition to Municipal and State penalties, there are Montclair State Penalties for offenses committed. The Dean of Students will be notified of all offenses and will initiate action as outlined in the Non-Academic Disciplinary Procedures of the Student Handbook. A copy of the campus guidelines concerning alcohol consumption may be obtained in the Dean of Students Office.

Sale, Possession, Distribution, and Consumption
In New Jersey the sale of alcoholic beverages is expressly forbidden to individuals under age 21. Furthermore, sale is prohibited unless under the authority of a license or permit. Sale of alcoholic beverages on the Montclair State University campus will be limited to those of legal age, and further restricted to the Student Center and those college premises eligible for Alcoholic Beverage Commission Special Permits.

Because a majority of Montclair State University students cannot legally consume alcohol, the sale and/or consumption of alcoholic beverages is permitted only in those areas and at those times when special permission has been obtained from the appropriate administrative office on campus.

Residence Halls and Hawk Crossings Apartments
No alcohol will be permitted in any of the residence halls, or Hawk Crossings Apartments, including residents' rooms and common areas such as lounges and recreation rooms. Residents are held directly responsible for the conduct of their guests.

The University promotes an alcohol-free residence hall community as part of a strong academic environment. Because the majority of campus residents are under age and due to the challenges of alcohol abuse, alcohol is prohibited in the residence halls. Possession of alcohol, or empty alcohol cans, bottles, etc., constitutes a violation and may result in strict disciplinary action and/or dismissal from the residence community. Students may be asked to reveal the contents of bags, boxes, etc., if reasonable suspicion of possible alcohol possession exists.

The Village at Little Falls
Alcohol possession and consumption are permitted only in the Village apartments where all residents are of legal drinking age and where there are no guests who are not of legal drinking age and only inside the apartments.

In keeping with NJ laws regarding alcohol, and the University's own philosophy regarding substance use and abuse, only Village residents 21 years of age or older may possess and consume alcohol inside their apartments and only under the following conditions: 1) no alcohol deliveries are permitted to the apartments, 2) no alcohol is permitted outside the buildings or in hallways/stairwells, or other common areas outside of apartments and 3) no alcohol is given to individuals under 21 years of age. In addition, quantities of alcohol are limited based on the guidelines outlined in the Department of Residential Education and Services handbook.

Summation of State Laws Pertaining to Alcohol
N.J.S. 33:1-2 makes it unlawful to directly or indirectly sell alcoholic beverages to any person of any age without a license or special permit issued by the New Jersey Alcoholic Beverage Control Commission. Sale is construed to include admission charges, the sale of cups, the sale of tickets, and/or the acceptance of donations.

N.J.S. 2C:33-17 Making any alcoholic beverage available to a person under the legal drinking age, in public or private, without an adult parent or guardian present and consenting, is punishable by a fine of $1,000 and/or up to six months in jail.
Note: It is NOT A DEFENSE to any of the above charges that the accused believed the person to be of legal drinking age, EVEN if that belief was reasonable. The only available defense is based on the presentation of a photographic identification card or driver license, issued by a state.

N.J.S. 2C:33-15 provides for MINIMUM fine of $500, suspends or postpones driving privileges for six months and requires participation in an Alcohol Education Program for any person under the legal drinking age to possess, in any public place, any alcoholic beverage, regardless of whether or not the container is sealed.

N.J.S. 39:4-50 provides for a MINIMUM $200 fine for any operator or passenger in a motor vehicle found to be in possession of any open container of an alcoholic beverage, regardless of his/her age.

N.J.S. 33:1-81 makes it an offense, punishable as outlined below, for:
1) a person under the legal drinking age to enter a licensed premise with the intent to purchase or consume alcoholic beverages;
2) a person under the legal drinking age to purchase or consume alcoholic beverage on a licensed premise;
3) a person of legal drinking age to purchase an alcoholic beverage FOR a person under the legal drinking age;
4) a person under the legal drinking age to misrepresent or misstate his/her age in connection with the sale or service of any alcoholic beverage.

A person convicted of a violation of any of these provisions is subject to the following penalties for EACH violation: a MINIMUM fine of $100 AND a MANDATORY one year loss of driving privilege, AND court ordered participation in an Alcoholic Education Program.
N.J.S. 39:4-50 et. seq. provides for penalties for any person convicted of operating a motor vehicle anywhere within this state, on public or private property, while under the influence of an alcoholic beverage or any drug (including lawful drugs if the operator's ability to safely operate a motor vehicle is impaired thereby).

Summation of State Laws Pertaining to Illegal Drugs:

2C:35-10  Possession, use or being under the influence, or failure to make lawful disposition

2C:35-10.  Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
a.  It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).  Any person who violates this section with respect to:
(1)  A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
(2)  Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
(3)  Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(4)  Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b.  Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
c.  Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
Amended 1988, c.44, s.5; 1997, c.181, s.6.

 2C:35-5.  Manufacturing, distributing or dispensing

2C:35-5.  Manufacturing, Distributing or Dispensing.  a.  Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely:
(1)  To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2)  To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

Selected Punishments:

  • Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree.  Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;

(b)  Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
(c)  Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of  N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; 
(d)  Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree; 
(e)  Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or 
(f)  Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed.