Lane College

Policy on Alcohol and Other Drugs

The abuse of alcohol and the use of illegal drugs by members of the Lane College community are incompatible with the goals of the institution. In order to further the College’s commitment to provide a healthy and productive educational environment, and in compliance with the 1989 amendments to the Drug-Free Schools and Communities Act (DFSCA), as articulated in the Education Department General Administrative Regulations (EDGAR) Part 86, Lane College has established the following policy on alcohol and other drugs.

Student Conduct

No Lane College student shall use, consume, be under the influence of, manufacture, sell, or distribute alcohol, an illegal drug or controlled substance; or use, consume, manufacture, sell, or distribute any alcohol or legal drug or substance in an unlawful manner on Lane College property; as a part of any College-sponsored function or activity either on or off campus; or while representing the college at any venue either on or off campus.In addition, all student organizations are prohibited from serving alcohol at any student organization-sponsored event either on or off campus.

The Family Educational Rights and Privacy Act (FERPA) has given colleges/universities the option to notify parents/guardians about specific types of information from a student's conduct record.

The Office of Student Affairs will notify parents/guardians the first time and any subsequent time a student is found to have violated policies on the use or possession of alcohol or other drugs when s/he is under the age of 21.

Definitions Relating to Alcohol and Other Drug Violations

Possession of alcohol or drugs refers, but is not limited, to holding, no matter the duration, of alcohol or illegal drugs/controlled substances in hand or, having them in one’s clothing, purse/book bag (or similar case), automobile, or residence.

Consumption of alcohol refers to the act of drinking or ingesting any amount of an alcoholic beverage.

Use of drugs refers to the act of ingesting, inhaling, drinking, eating, and/or any other method of introducing an illegal drug or controlled substance into one’s body.

Distribution of drugs refers to the sharing of illegal drugs/controlled substances with or giving them to others

Sale of drugs refers to the exchange of illegal drugs/controlled substances for money or other forms of compensation.

Facilitating the possession/use of alcohol or drugs refers to the act of allowing others to possess, consume, or use alcohol or illegal drugs/controlled substances in one’s residence or automobile.

Civil Sanctions

The findings of fact, any particular circumstances, and prior record of the student will be factors considered when determining appropriate sanctions that may be imposed.

Sanctions for violations of these student conduct regulations may include alcohol and/or other drug education, mandated evaluation and treatment, community service, probation, suspension, and/or expulsion. Student organizations that knowingly permit illegal drug activity will be excluded from campus for a minimum of one year, and agreements for use of College property will automatically terminate.

Students who are suspended from the College for any length of time should be aware that this action may have an impact on the following:

  • Tuition, residence hall costs and fees (suspension does not forgive financial obligations)
  • Student Financial Aid including HOPE Scholarships
  • Athletic participation and eligibility
  • Health insurance (contact your personal health care provider)
  • Campus Housing
  • Meal Plan
  • Use of College resources and access to College facilities
  • Immigration status for international students
  • Veterans and dependents of veterans
  • Work-study
  • Class Withdrawal

This is not an exhaustive list.

Employee Misconduct

Employee misconduct related to alcohol or other drug abuse will not be tolerated. The unlawful manufacture, distribution, sale, use, or possession of a controlled substance, marijuana, or a dangerous drug by employees of Lane College is prohibited by federal and state law, as well as Board of Trustees policy. Violation of this policy will result in appropriate disciplinary sanctions including, but not limited to, dismissal, demotion or suspension of employment and/or referral to the appropriate state agency for legal prosecution.

Any employee who is convicted for the first time, under the laws of any state or the United States, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall notify the Office of the Executive Vice President (731.426.7645) of such conviction no later than 24 hours after the conviction. Any such employee shall be subject to, at a minimum, suspension from his or her employment, or other disciplinary sanctions up to and including dismissal of employment. The employee may appeal the suspension or dismissal under procedures set forth in the Lane College Staff Handbook. In the case of a suspension, such employee shall be required as a condition of completion of suspension to complete a drug treatment and education program approved by the President. Upon a second conviction, such employee shall be terminated.

If, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, an employee notifies his or her immediate supervisor that s/he illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse treatment and education program approved by the President, the employee shall be entitled to maintain employment as long as the employee follows the treatment plan. During this period, the employee shall not be separated from his or her employment solely on the basis of the employee’s drug dependence, but the employee’s work activities may be restructured if practicable to protect persons or property. In addition, this policy does not prohibit the institution from taking appropriate disciplinary action for violations of the conduct policy. An employee retained in accordance with the provisions of this policy will be subject to random selection for controlled substance testing for no less than one year. In addition, the employee may be tested “for cause” if testing is arranged by the College. No statement made by an employee to a supervisor or other person in order to comply with this policy shall be admissible in any civil, administrative, or criminal proceeding as evidence against the employee. The rights granted by this policy shall be available to an employee only once during a five (5) year period and shall not apply to any employee who has refused to be tested or who has tested positive for a controlled substance, marijuana, or a dangerous drug.

In addition to the criminal sanctions described below, employees convicted of drug-related offenses are subject to civil penalties. Such penalties may include, but are not limited to, suspension or revocation of professional and occupational licenses, and restriction from public employment. Workers’ compensation benefits may also be denied in certain instances where alcohol or other drugs are a cause of injury.

Criminal Sanctions

Under Tennessee and federal law, it is a crime to possess, manufacture, sell, or distribute illegal drugs. You may view information detailing pertinent federal penalties for drug trafficking at

Additional possible federal penalties for the illegal possession of drugs are forfeiture of real or personal property used to possess or to facilitate possession of a controlled substance if the offense is punishable by more than 1 year imprisonment; forfeiture of vehicles, boats, aircraft, or any other conveyance used, or intended for use, to transport or conceal drugs; civil fine up to $10,000 per violation; denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses for up to 1 year for a first and up to 5 years for a second or subsequent offense; and ineligibility to receive or purchase a firearm.

Tennessee state law regarding sale, distribution, and possession of dangerous drugs; and alcohol-related offenses are as follows:

Drug Offenses. It is, of course, a crime in Tennessee for a person to knowingly manufacture a controlled substance; deliver a controlled substance; sell a controlled substance; or possess a controlled substance with intent to manufacture, deliver or sell such controlled substance. T.C.A. § 39-17-417. Controlled substances are classified according to their potential for abuse, utility in medical treatment, and potential for dependency. The Tennessee Drug Control Act of 1989, T.C.A. § 39-17-401 et seq., establishes the following schedule of controlled substances:

Schedule I / High potential for abuse; no accepted medical use in treatment or lacks accepted safety for use in treatment under medical supervision. / This includes certain opiates (e.g., heroin); hallucinogens (e.g., LSD) depressants (e.g., methaqualone) and stimulants (e.g., MDMA).
Schedule II / High potential for abuse; has currently accepted medical use in treatment, or currently accepted medical use with severe restrictions; abuse of the substance may lead to severe psychic or physical dependence / Examples: cocaine, morphine, amphetamines, amobarbital.
Schedule III / Potential for abuse less than the substances listed in Schedules I and II; has currently accepted medical use in treatment; and may lead to moderate or low physical dependence or high psychological dependence. / Examples: Anabolic steroids.
Schedule IV / Low potential for abuse relative to substances in Schedule III; has currently accepted medical use in treatment; and may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. / Examples: Phenobarbital and Fenfluramine
Schedule V / Low potential for abuse relative to the controlled substances listed in Schedule IV; has currently accepted medical use in treatment in the United States; and has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV. / Example: A medicine containing not more than two hundred (200) milligrams of codeine per one hundred (100) grams;
Schedule VI / Tetrahydrocannabinols / Marijuana; hashish; synthetic equivalents
Schedule VII. / Butyl nitrite and any isomer thereof

The following table sets forth the basic levels of offenses involving manufacture, sale, distribution, or possession with intent to distribute, the various levels of scheduled controlled substances. However, one must understand that the law provides additional penalties for violations involving large amounts of numerous substances, including heroin, cocaine, LSD, morphine, peyote, barbiturates and amphetamines.

Level of Controlled Substance / Level of Offense
Schedule I / Class B felony
Cocaine (.5 grams or more) / Class B felony and an additional fine of no more than one hundred thousand dollars ($100,000)
Schedule II, including cocaine (less than .5 grams) / Class C felony
Schedule III / Class D felony
Schedule IV / Class D felony
Schedule V / Class E felony
Schedule VI / Depends on amount; see table below
Schedule VII / Class E Felony

The following table sets forth the levels of offenses involving manufacture, sale, distribution, or possession with intent distribute, of marijuana and hashish (resin containing the active ingredient THC), based on quantities seized:

Marijuana / Hashish / Level of Offense (and additional fine)
Less than ½ ounce / -- / Class A misdemeanor
1/2 ounce to 10 lbs. / up to 2 lbs. / Class E felony + $5,000 fine
10 to 70 lbs.; 10 to 19 plants regardless of weight / 2 to 4 lbs. / Class D felony + $50,000 fine
20 to 99 plants regardless of weight / 4 to 8 lbs. / Class C felony + $100,000 fine
70 to 300 lbs.; 100 to 499 plants regardless of weight / 8 to 15 lbs. / Class B felony + $200,000 fine
More than 300 lbs.; 500 or more plants regardless of weight / 15 lbs. or more / Class A felony + $500,000 fine

Simple possession or casual exchange of controlled substances is treated less severely than possession with intent to distribute. The following is Tennessee’s statute regarding simple possession and casual distribution of controlled substances.

39-17-418. Simple possession or casual exchange.

  1. It is an offense for a person to knowingly possess or casually exchange a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.
  2. It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (1/2) ounce (14.175 grams).
  3. Except as provided in subsections (d) and (e), a violation of this section is a Class A misdemeanor.
  4. A violation of subsections (a) or (b) where there is casual exchange to a minor from an adult who is at least two (2) years such minor’s senior, and knows that such person is a minor, is punished as a felony as provided in T.C.A. § 39-17-417.
  5. A violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section.
  6. In addition to the other penalties provided in this section, any person convicted of violating this section for possession of a controlled substance may be required to attend a drug offender school, if available, or may be required to perform community service work at a drug or alcohol rehabilitation or treatment center.
  7. Any person required to attend a drug offender school pursuant to this subsection shall also be required to pay a fee for attending such school. If the court determines that such person by reason of indigency cannot afford to pay a fee to attend such school, the court shall waive the fee and the person shall attend the school without charge. The amount of fee shall be established by the local governmental authority operating the school, but such fee shall not exceed the fee charged for attending an alcohol safety DUI school program if such a program is available in the jurisdiction. All fees collected pursuant to this subsection shall be used by the governmental authority responsible for administering the school for operation of such school.

Judges and juries are permitted infer from the amount of a controlled substance possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance was possessed with the purpose of selling or otherwise dispensing. T.C.A. § 39-17-419.

Tennessee law prohibits the purchase or possession of alcohol by a person under the age of 21, or the furnishing of alcohol to such a person. Driving under the influence of alcohol or other drugs is also illegal. It is against Tennessee lawto walk or be upon a roadway while under the influence of alcohol or other drugs. The punishment for these offenses may include imprisonment, payment of a fine, mandatory treatment and education programs, community service, and mandatory loss of one’s driver’s license.

Driving Under the Influence of Alcohol or Drugs. In Tennessee, driving under the influence is committed where an individual “drive[s] or [is] in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of this state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequented by the public at large, while . . . [u]nder the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system….” T.C.A.§ 55-10-401.

The punishment for driving under the influence is categorized in three areas as show below:

Table of Consequences for Each DUI Conviction

Offense / Fine / Jail Time / License Revocation
First Conviction / $350 - $1,500 / 24 hours - 11 months 29 days / One (1) Year
Second Conviction** / $600 - $3,500 / 45 days - 11 months 29 days / Two (2) Years
**If second conviction occurs within 5 years of the first the following also apply:
  • Mandatory enrollment in the Ignition Interlock Program for 6 months following reinstatement of driver's license
  • Vehicle subject to seizure and/or forfeiture

Third Conviction / $1,100 - $10,000 / 120 days - 11 months 29 days / Three (3) - Ten (10) Years
Fourth Offense / $3,000 - $15,000 / Not Less Than 150 Consecutive Days / Five (5) Years

Gradations of Criminal Offenses

Like all jurisdictions (federal and state), Tennessee distinguishes among offenses based on their seriousness. These offenses range from minor misdemeanors to capital crimes. The table below shows the gradations of criminal offenses (including drug offenses) under Tennessee law. See T.C.A. § 40-35-111, “Authorized terms of imprisonment and fines for felonies and misdemeanors.”

Level of Offense / Punishment(s)
Capital Crime / Death; life imprisonment
Class A felony / Not less than fifteen (15) nor more than sixty (60) years in prison. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute
Class B felony / Not less than eight (8) nor more than thirty (30) years in prison. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute
Class C felony / Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute
Class D felony / Not less than two (2) years nor more than twelve (12) years in prison. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute
Class E felony / Not less than one (1) year nor more than six (6) years in prison. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute
Class A misdemeanor / not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute
Class B misdemeanor / not greater than six (6) months in jail or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute
Class C misdemeanor / not greater than thirty (30) days in jail or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute

Counseling and Treatment Resources

Limited substance abuse treatment and counseling is provided by the College Nurse and College Counselor located within the Office of Student Affairs. The Lane College Wellness Program, which offers a resource library of information concerning alcohol and other drugs, is located in Shy Hall and has films, videos, books, tapes, and pamphlets available for students’ use. Throughout the year, Wellness presentsskits, open forums, and symposia at which the dangers and perils of drug and alcohol abuse are discussed.

Additional off-campus counseling and behavioral health and substance abuse services are provided on an inpatient and outpatient basis by certified medical professionals at Pathways of Tennessee located in Jackson.

College Nurse731.256.8903570 Lane Avenue (On Campus)

College Counselor731.4106730Lower Level (On Campus)

Kirkendoll Student Union Building