State and Federal Penalties for Illicit Drugs and Alcohol


Illicit Alcohol

Under the Arkansas criminal code, it is illegal for a person under the age of 21 years to use or possess alcohol. Possession of alcohol in Arkansas by anyone under 21 years of age is a class C misdemeanor which carries a maximum penalty of one year in jail and a $1,000 fine. A person can serve up to 30 days in jail and pay a $100 fine for the crime of public intoxication. For furnishing an alcoholic beverage to a minor, the penalty can be as high as $500 and a one-year jail term (which can be increased to five years in the state penitentiary upon a second conviction). Various other offenses, such as minor-in-possession, furnishing alcohol to alcoholics or intoxicated persons, and possession or sale of untaxed liquor can carry fines up to $500 or six months in jail, or both.

Under the federal law of the United States, whoever transports alcohol into any district in which the sale of alcohol is prohibited "shall be fined not more than $1,000 or imprisoned not more than one year, or both."

Illicit Drugs

Under Arkansas law the fine for manufacturing or delivering (or possession with the intent to manufacture or deliver) a controlled substance ranges from $10,000 to $250,000, depending on the classification of the substance. Prison terms for this crime range from 15 to 40 years, or life. Furthermore, these penalties may be doubled if the crime involves distribution of a narcotic drug to a minor.

Simple possession of a controlled substance--in a relatively small quantity--carries penalties ranging from a $1,000 fine/one year in prison for a first offense, to $10,000/ten years in prison for a third offense or possession of a Schedule I or Schedule II substance (such as cocaine).

The criminal sanctions under federal law for manufacturing or distributing (or possessing with the intent to manufacture or distribute) a controlled substance are similar to those under state law: three to 30-year prison sentences and fines from $10,000 to $250,000. Likewise, simple possession of a controlled substance carries a $5,000 fine, a one-year term of imprisonment, or both, for a first offense. The penalties are doubled for subsequent offenses.

Review of Drug and Alcohol Abuse Statement

This statement is subject to biennial review by John Brown University in order to implement necessary changes and to ensure consistent application.

Requirement to Report Violations

It is a requirement of the Drug-Free Work Place Act of 1988 that work-place drug convictions of employees be reported by the employee to his/her employer within five days of conviction. A condition of employment at JBU is that employees adhere to this requirement.

Requirement to Support Drug-Free Policy

It is also a condition of employment that employees understand and support the Statement for the Prevention of Drug and Alcohol Abuse at John Brown University.