The Drug-Free Schools and Communities Act Amendment of 1989 requires each institution of higher education that receives any form of federal financial assistance to certify to the Secretary of the Department of Education that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.

In response to the 1989 Amendment, The Board of Regents of The University of Texas System designated The University a "Drug Free University" on August 1, 1990. And in compliance with the policy, The University provides online and printed information for students regarding alcohol and other drug possession, use, abuse, and distribution, including standards of conduct and penalties for rule and law violations.

State and federal laws regarding the possession, use, and sale of alcoholic beverages and illegal drugs are strictly enforced by The University of Texas Police Department. Violators are subject to criminal prosecution by law enforcement authorities, fines, and imprisonment.

University Standards of Conduct

Series 50101, Section 2.1 of the Rules and Regulations of the Board of Regents of The University of Texas System provides the following statement:

Any student who engages in conduct that violates the Regents' Rules and Regulations, the U.T. System or institutional rules and regulations, specific instructions issued by an administrative official of the institution or the U.T. System acting in the course of his or her authorized duties, or federal, State, or local laws is subject to discipline whether such conduct takes place on or off campus or whether civil or criminal penalties are also imposed for such conduct.

Series 50101, Section 2.3 of the Rules and Regulations of the Board of Regents of The University of Texas System provides the following statement:

Any student who is guilty of the illegal use, possession and/or sale of a drug or narcotic on the campus of an institution is subject to discipline. If a student is found guilty of the illegal use, possession, and/or sale of a drug or narcotic on campus, the recommended penalty shall be suspension from the institution for a specified period of time and/or suspension of rights and privileges.

Printed copies of this information are available through the Office of the Vice President for Student Affairs, P.O. Box 7699, Austin, TX 78712 or by calling that office at (512) 471-1133.

For more information on University standards of conduct, click on the link below:

University Penalties

The University will impose a minimum disciplinary penalty of suspension for a specified period of time or suspension of rights and privileges, or both, for conduct related to the use, possession, or distribution of drugs that are prohibited by state, federal, or local law. Other penalties that may be imposed for conduct related to the unlawful use, possession, or distribution of drugs or alcohol include disciplinary probation, payment for damage to or misappropriation of property, expulsion, or such other penalty as may be deemed appropriate under the circumstances.

For more information on University penalties, click on the link below:

University Department of Housing & Food

Alcoholic beverages may be consumed and stored in resident rooms if all occupants are 21 years of age or older. Drinking is not permitted in hallways, lounges, lobbies or other public areas of the residence halls. Alcohol is not permitted at any University Residence Hall sponsored program or event.

Large containers or volumes of alcohol are not permitted in the University Residence Halls. This includes kegs, party balls, and other containers more than one gallon or a case or more of alcohol. Empty alcohol containers will be viewed as evidence of consumption and may subject individuals to the university disciplinary process.

Providing alcohol to individuals under 21 years of age or possession of alcohol by individuals under age 21 are violations of criminal law and university policy. Violators may be subject to university disciplinary processes, referral to an Alcohol and Drug Education program, and criminal court action.

Any resident of legal age who transports alcohol within a residence hall must use a closed, opaque container. Responsible use of alcohol is expected. Residents found to be intoxicated or potentially harmful to themselves or others may be detained for an assessment before being allowed into the residence hall. Residents who are found to be intoxicated are subject to disciplinary action.

The possession or use of illegal drugs or drug paraphernalia is prohibited in or about the residence halls and is considered a serious violation of university regulations and expectations. The possession or use of illegal drugs may result in suspension from the university or suspension of other rights and privileges.

Any student in violation of the university's regulations due to drug use or possession who is not suspended or expelled should expect, at minimum, to lose the privileges of living in and even entering the residence halls. Since the possession or use of illegal drugs is a violation of criminal law, it is possible for a violator to be subject to criminal court action.

For more information on Department of Housing & Food Services residence halls rules, regulations, and penalties, click onl the link below:

State & Federal Criminal Penalties

State and federal laws regarding the possession, use, and sale of alcoholic beverages and illegal drugs are strictly enforced by The University of Texas Police Department. Violators are subject to not only disciplinary action by The University but also criminal prosecution by law enforcement authorities, fines, and imprisonment.

Texas Statutes: Offense & Penalties under State Law

Driving while intoxicated (includes intoxication from alcohol, drugs, or both):
Minimum: A fine of not more than $2,000 and confinement in jail for a term of not more than 180 days nor less than 72 hours
Maximum: A fine not to exceed $10,000 and imprisonment for a term of not more than ten years nor less than two years

Public intoxication:
Minimum: A fine not to exceed $500
Maximum: Varies with age and number of offenses

Purchase, possession, consumption of alcohol by a minor:
Minimum: A fine not to exceed $500
Maximum: Varies with age and number of offenses

Purchase for or furnishing of alcohol to a minor:
A fine not to exceed $4000 and/or confinement in jail for a term not to exceed one year

Possession of controlled substances (drugs):
Minimum: A fine not to exceed $10,000 and confinement in jail for a term of not more than two years or less than 180 days
Maximum: A fine not to exceed $250,000 and imprisonment for life or for a term of not more than 99 years nor less than fifteen years

Manufacture or delivery of controlled substances (drugs):
Minimum: A fine not to exceed $10,000 and confinement in jail for a term of not more than two years or less than 180 days
Maximum: A fine not to exceed $250,000 and imprisonment for life or for a term of not more than 99 years nor less than fifteen years

Possession of marijuana:
Minimum: A fine not to exceed $2,000 and/or confinement in jail for a term of not more than 180 days
Maximum: A fine not to exceed $250,000 and imprisonment for life or for a term of not more than 99 years nor less than five years

Delivery of marijuana:
Minimum: A fine not to exceed $2,000 and/or confinement in jail for a term of not more than 180 days
Maximum: A fine not to exceed $100,000 and imprisonment for life or for a term of not more than 99 nor less than ten years

Penalties shown above are based on language contained in applicable Texas statutes and are subject to change at any time by the Legislature and the Governor.

For more information on State statutes and penalties, click on the links below:

Federal Statutes: Offense & Penalties under Federal Law

Possession of drugs (including marijuana):
Minimum: A fine of not less than $1,000 and/or imprisonment for up to one year
Maximum: A fine of not less than $5,000 plus costs of investigation & prosecution and imprisonment for not more than 20 years nor less than five years

Manufacture, distribution, or dispensing of drugs (including marijuana):
Minimum: A fine of $250,000 and/or imprisonment for up to three years
Maximum: A fine not to exceed $8,000,000 for an individual (or $20,000,000 if other than an individual) and imprisonment for life without release (no eligibility for parole)

Distribution of drugs to a person under 21 years of age
Minimum: Double the federal penalty for distribution of drugs
Maximum: Triple the federal penalty for distribution of drugs

The federal penalties quoted in these charts are based on language contained in the applicable federal statutes creating criminal offenses regarding controlled substances and are subject to change at any time by Congress and the President. There are additional factors in the federal sentencing guidelines, including various enhancement provisions for prior offenses. Title 21 U.S.C. Section 860 provides that the federal statutory penalties double (and in some cases triple) when a controlled substance is distributed (or even possessed with intent to distribute) within 1000 feet of a school or a public university.

For more information on Federal statutes and penalties, click on the link below: