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Marijuana Penalties Softer for Students In Some Cases
Gwen Kehr & Konrad Klinkner| Pitt News | 10/07/2005

Pitt students may face softer penalties than non-students in drug or alcohol related incidents, depending on whom they are caught by.
For the average citizen, the consequences are relatively straightforward — he or she is cited or arrested and then has the option of contesting the charges in court.

Students, however, can experience an entirely different series of events.

Pitt police do not discriminate between students and non-students — if the police are the ones who caught the student.

“Students and non-students are not treated differently by us,” Pitt Police Chief Tim Delaney said.

But students who are caught by a Residence Life authority can sometimes avoid that track.

“When the case is initiated by Residence Life, we allow those cases to stay within the administration’s jurisdiction because the initial action is taken by Residence Life,” Delaney said. “We will still stand by to make sure everything is OK.”

Delaney also explained that most alcohol and drug-related citations given by Pitt police are the extreme ones, especially with alcohol.

“One of the misnomers out there is that we look for [cases of underage drinking]. We don’t,” Delaney said. “Most of the students with alcohol violations we get are the ones who are in a dangerously intoxicated state, and are at a stage where we have to first find out whether there are any serious health concerns.

“Usually, all we know is that we find them laying somewhere or someone’s carrying them.”

The director of the University Judicial Board, Sara McGee, said that when students are caught with marijuana or alcohol by the University, there are three options available to them: They can accept responsibility and waive a hearing, they can take “general responsibility” and appear before a Judicial Board hearing officer or they can deny responsibility and appear before the full board.

“Roughly 90 percent of our students accept responsibility and the recommended sanctions,” McGee said. “I think it’s a very positive reflection on our students that most of them take responsibility. It shows how mature and responsible the students are overall.”

Sanctions for first-time offenders usually include participation in the PEAR (Personal Education, Assistance and Referral) program, which aims to educate students about the risks of alcohol and illegal substances.

“We try to make the sanctions more educational than punitive,” McGee explained.

In the real world, the penalties can be more harsh, at least on paper.

Section 6308 of the Pennsylvania Crimes Code states that a first-time underage drinking offender can face a fine of up to $300, a possible jail sentence of up to 90 days and a 90-day suspension of his or her driver’s license.

Repeat offenders can suffer longer driver’s license suspensions and higher fines.

For possession of small amounts of marijuana, offenders can receive jail sentences of up to 30 days and fines up to $500 under Pennsylvania state law. Softer probation options are available for first-time offenders.

When students are cited for alcohol or drug-related offenses by police, the Judicial Board still gets involved, but dealing with law enforcement officials cannot be avoided.

Junior James Forosisky was cited almost a year ago for possession of marijuana in Sutherland Hall. The Pitt Police were the ones who caught him.

Forosisky ended up having to deal with the police department and the Judicial Board.

“I was [Judicial Boarded], but I still had to pay the city $420.50,” Forosisky said. “I also had to pay the University $25 and go to PEAR classes.”

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