City and State Laws Pertaining to Marijuana and Illicit Drugs

Spalding University abides all federal, state and local laws pertaining to illegal substances. Because the use of illegal drugs is dangerous to the well being of individual users, and to the goals of this educational community, the following regulations are in effect. Students involved in the manufacture, sale, offering to sell, delivery, use or possession of a controlled substance or paraphernalia will be referred to the Office of the Dean of Students or designee. Such conduct could entail suspension or expulsion from the University and/or a requirement that the student enroll and actively participate in a drug counseling and rehabilitation program as a condition of continued enrollment or readmission.

The University reserves the right to expel a residential student involved in any of the above-mentioned behaviors from its residence halls at any time during the academic year. In such expulsions there are no refunds due to the student. These regulations are not substitutes for criminal sanctions provided for by state and federal statutes.

Laws Concerning Marijuana and other Illicit Drugs

The following laws concerning specific illicit drugs are drawn from the Controlled Substance Act of the Commonwealth of Kentucky. A representative listing of specific drugs and the violations inherent in illegal activities related to such drugs is provided below. The failure to list all drugs included in the above act does not exonerate individuals from responsibility for their actions as it relates to illegal drugs, nor does it preclude the University from taking steps to address illegal activity in terms of its own internal counseling and referral system or its judicial system.

Among others, the following acts and the causing thereof are prohibited within the Commonwealth of Kentucky:

• The manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance or drug paraphernalia.

• The penalty for violation of these acts is based upon the nature or schedule of the drug involved and the weight of the substance.

Possession of Marijuana  

1. A person is guilty of possession of marijuana when he/she knowingly and unlawfully possesses marijuana. Possession of marijuana can be a misdemeanor or felony depending on the amount in possession and number of offenses.

2. A person is guilty of marijuana cultivation when he/she knowingly and unlawfully possesses marijuana plants with the intent to sell. Possession of 5 or more plants of marijuana is a felony.

Criteria for Classification of a Schedule 1 Narcotic

A Schedule 1 narcotic is one that has high potential for abuse and has no accepted medical use in treatment in the United States. Possession of a Schedule 1 narcotic for a first offense is a class D felony.

Criteria for Classification of a Schedule 2 Narcotic

A Schedule 2 narcotic is one that has a high potential for abuse and has a current medical use in treatment in the United States. Possession of a Schedule 2 narcotic for a first offense is a class A misdemeanor.

Trafficking in narcotics or marijuana within one-thousand (1000) yards of any school is a class D felony.

Drug Conviction & Financial Aid If a student is convicted in a court of law for possessing or selling illegal drugs while receiving federal student aid, this action may negatively affect the student’s future eligibility to receive such aid. Please contact the Office of Financial Aid to discuss the students’ aid eligibility. 49 Possession of Drug Paraphernalia Possession of any drug paraphernalia is a class A misdemeanor; however, the presence of any illegal controlled substance in/on this paraphernalia may change this to a class D felony.