Xavier University
Open search dialog
Student Handbook

1.7.3 - APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND SANCTIONS

The University upholds the laws instituted by the federal government, the State of Ohio, and the cities of Norwood and Cincinnati regarding alcohol and other drugs, including illicit use of drugs.   

The following is illegal – 1) for anyone under the age of 21 to order, pay for, share the cost of, attempt to purchase, possess, or consume beer, wine, or intoxicating liquor; 2) to furnish false information as to name, age, or other identification; 3) to provide, furnish, host, share or sell alcohol to any person under the age of 21; and 4) to possess an open container of intoxicating beverage in a public place. 

Federal law prohibits any use of Schedule I and Schedule II drugs, which includes marijuana for any purpose.  This federal prohibition is effective regardless of the Ohio statutes surrounding medicinal marijuana use in Ohio. As such, the procedures outlined below promote responsible alcohol use, but, consistent with federal law, strictly prohibit any form of illicit drug use. 

The following is a description of some of the applicable legal sanctions under federal, state, and local laws for the unlawful possession, use, or distribution of illicit drugs, including alcohol, as of August 2022. This list is not intended to be an exhaustive list of all offenses involving drugs and alcohol, and this material should not be relied upon as legal advice or guidance regarding these offenses:

  • Federal Law. Federal law prohibits, among other things, the manufacturing, distributing, selling and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971. Depending on the amount, first offense maximum penalties for trafficking marijuana range from five years imprisonment and a fine of $250,000 to imprisonment for life and a fine of $4 million. Depending on the amount, first offense maximum penalties for trafficking other controlled substances (e.g., methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl and fentanyl analogue) range from five years to life imprisonment and fines range from $2 to $4 million. First offense penalties and sanctions for the illegal possession of small amounts of controlled substance range from up to one year in prison or a fine of at least $1,000.

    State Law, Alcohol
  • Ohio Revised Code ("O.R.C.") Section 4301.63 provides that no person under the age of 21 years shall purchase beer or intoxicating liquor. The penalty for a violation may include a fine of not less than $25, but no more than $100 may be imposed. The court may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court and shall designate the time within which the public work shall be completed.
  • O.R.C. Section 4301.631 provides that no underage person can purchase low alcohol beverages, that no person may furnish low alcohol beverages to an underage person, and that no person shall allow underage persons to consume low alcohol beverages on their property. Punishments for violating O.R.C. Section 4301.631 range from fines of $25 to $250 and imprisonment up to 30 days.
  • O.R.C. Section 4301.633 provides that no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age for the purpose of obtaining beer or intoxicating liquor for a person under 21 years of age, by purchase or as a gift. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
  • O.R.C. Section 4301.634 provides that no person under the age of 21 years shall knowingly show or give false information concerning their name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this state where beer or intoxicating liquor is sold under a permit issued by the department of liquor control. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
  • O.R.C. Section 4301.64 prohibits the consumption of any beer or intoxicating liquor in a motor vehicle. Violation of this law is a misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 180 days and a $1,000 fine.
  • O.R.C. Section 4301.69(A) prohibits selling beer or intoxicating liquor to a person under the age of 21 years, or buying it for or furnishing it to such a person. Violation of this law is a misdemeanor. The maximum penalty is imprisonment for not more than 6 months and a fine of not less than $500 and no more than $1,000.
  • O.R.C. Section 4301.69(E) provides that no underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless they is accompanied by a parent, spouse, or legal guardian, who is not an underage person, or unless the beer or intoxicating liquor is given for medical or religious purposes. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
  • O.R.C. Section 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol and/or any drug of abuse. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine, in addition to license suspension. Penalties for repeat offenders can result in up to 5 years in prison.

State Law, Drugs

  • O.R.C. Section 2925.02 provides that no person shall knowingly corrupt another with drugs by inducing or forcing them to use a controlled substance. The penalty is mandatory imprisonment from 6 months to 11 years, depending upon amount and type of drug involved and history of previous drug abuse offenses.
  • O.R.C. Section 2925.03 provides that no person shall knowingly "traffic" in controlled or illicit substances, including marijuana. Trafficking includes selling, offering to sell, delivering, distributing, preparing, cultivating, and manufacturing of controlled substances. The penalty is mandatory fines ranging from $100 to $20,000, depending on offense and drug involved, and mandatory jail sentences ranging from 6 months to 11 years.
  • O.R.C. Section 2925.11 provides that no person shall knowingly obtain, possess, or use a controlled substance. Drug abuse offenses involving amounts of marijuana less than 100 grams carries a penalty of $100. Other violations involving marijuana result in mandatory jail terms of not more than 8 years and mandatory fines of $15,000. Drug abuse offenses involving other drugs may result in incarceration of up to 11 years and fines of $20,000.
  • O.R.C. Section 2925.12 provides that no person shall make obtain, possess, or use drug abuse instruments. A first offense can carry a jail term of up to 90 days and fines of up to $750, plus driver's license suspension for up to five years.
  • O.R.C. Section 2925.14 provides that no person shall knowingly use, possess with purpose to use, sell, manufacture or advertise drug paraphernalia. Depending upon the facts, the penalty includes incarceration up to 6 months and fines up to $1,000.
  • O.R.C. Section 2925.31 provides, except for lawful research, clinical, medical, dental, or veterinary purposes, no person with intent to induce intoxication or similar effect, shall obtain, possess, or use a harmful intoxicant. The penalty is fines up to $1,000 and 6 months in jail, plus driver's license suspension for a period of up to to five years.
  • O.R.C. Section 2925.37 provides that no person shall knowingly possess, make, sell, or deliver counterfeit controlled substances. Depending upon the facts, the penalty can be up to 180 days in jail and a $1,000 fine, but aggravating circumstances can cause the offense to become a felony with prison terms between 6-18 months and a fine up to $5,000.

State Law, Tobacco

  • O.R.C. 2927.02 prohibits persons under the age of 21 from purchasing tobacco.
Local Law

  • The City of Cincinnati and the City of Norwood enforce all the state criminal statutes cited above. In addition, each of these cities list some additional sanctions for alcohol and other drug use, including without limitation, prohibitions against: driving under the influence of alcohol or drugs; possession and consumption of alcohol while underage; providing alcohol to underage persons; having an open container of alcohol in public places; possession of a controlled substance; purchasing and consuming low-alcohol beverages by underage persons; using false representations by underage persons to obtain alcohol; permitting the consumption of alcohol by underage persons at a person's property (including hotel rooms); and hosting a party where alcohol or drug abuse occurs. Penalties for violation of these local laws include fines not to exceed $1,000 (plus court costs) and imprisonment for up to six months.