Drug-Free Schools and Communities Act

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Sanctions

Penalties for violations of drug and alcohol under federal law for unlawful possession of a controlled substance in violation of 21 U.S.C. §844(a), include:

First Conviction: term of imprisonment of not more than 1 year, a minimum fine of $1,000, or both.
Second Conviction: At least 15 days in prison but not more than 2 years, minimum fine of $2,500 but not more than $250,000 for an individual, or both.
After two convictions: At least 90 days in prison but not more than 3 years, minimum fine of $5,000 but not more than $250,000 for an individual, or both.

For more information about maximum penalties for violation of the Federal Controlled Substances Act and Related Laws, see http://www.fas.org/sgp/crs/misc/RL30722.pdf

Unlawful distribution of a controlled substance to an individual without that individual’s knowledge with the intent to commit a crime of violence, including rape is punishable by up to 20 years of imprisonment; a maximum fine of $250,000. 21 U.S.C. §841(b)(7).

Unlawful distribution of a controlled substance, possession with intent to distribute, or manufacturing a controlled substance in, on or within 1000 feet of a public college or university is punishable by not less than 1 year of imprisonment and twice the maximum penalty provided by law. For second convictions, the mandatory minimum term of imprisonment is 3 years and three times the maximum punishment provided by law. 21 U.S.C. §860.

Penalties for drug traffickers and possessors also include loss of federal benefits, including student loans and federal financial assistance, and civil penalties up to $10,000 for each violation. 21 U.S.C. §862 and 21 U.S.C. §844a(a).

Drugs – State law penalties
Penalties under Kansas law for the unlawful possession or distribution of drugs are based on the quantity of drug, type of drug, and criminal history of the defendant. See K.S.A. 2012 Supp. 21-5706. Maximum penalties range from fines of $100,000 to $500,000 and imprisonment from 10 months to 17 years.

Alcohol-related penalties under State law
It is illegal under Kansas law and local ordinance for a person of any age to consume alcoholic liquor on public property except when permitted by Kansas Board of Regents and University policy. A violation of this state law is punishable by a fine of not less than $50 nor more than $200, imprisonment for not more than 6 months, or both.

It is illegal under Kansas law and local ordinances for persons under 21 years of age to possess, consume, obtain, purchase or attempt to obtain alcoholic liquor or cereal malt beverages. Maximum penalties include a fine up to $500 dollars (a mandatory minimum fine of $200 for persons 18 and 21 years of age); completion of 40 hours of public service; completion of a community-based alcohol and drug educational or training program with costs assessed to the offender; and mandatory suspension of driving privileges for 30 days for a first conviction; 90 days for a second conviction; and 1 year for a third or subsequent conviction.

Convictions for Driving Under the Influence (DUI) include a mandatory alcohol and drug evaluation and requirement to following any recommendation made as a result of that evaluation with costs assessed to the defendant, and additional penalties, including:

First Conviction

A fine of not less than $750 nor more than $ 1,000, and
Imprisonment of not less than 2 days nor more than 6 months.
Mandatory minimum 48 consecutive hours in imprisonment
Driving privileges suspended for 30 days, followed by a 180-day ignition interlock restriction

Second Conviction

A fine of not less than $1,250 nor more than $1,750
Imprisonment of not less than 90 days nor more than 1 year
Mandatory minimum 120 hours imprisonment
Driving privileges suspended for one year, followed by a 1 year ignition interlock restriction

Third Conviction

A fine of not less than $1,750 nor more than $2,500
Imprisonment of not less than 90 days nor more than 1 year
Mandatory minimum 90 days imprisonment
Driving privileges suspended for 1 year, followed by a 2 year ignition interlock restriction

Fourth Conviction

A fine of not less than $2,500
Imprisonment of not less than 90 days nor more than 1 year
Mandatory minimum 90 days of imprisonment
Driving privileges suspended for 1 year, followed by a 3 year ignition interlock restriction (For a fifth conviction, driving privileges are suspended for 1 year, followed by a 10 year ignition interlock restriction)

Refusal to take a preliminary breath test is a traffic infraction usually resulting in a fine. Refusal to take the breath, blood or urine test offered at the police station for a first offense will result in suspension of driving privileges for one year, and two years required use of an ignition interlock device.

Local city ordinances for drug and alcohol offenses impose sanctions similar in severity to state law.