Alcohol and Other Drug Information

Also see Western’s Policy Concerning Alcohol and Other Drugs (POL-U7400.01)

Additional information concerning university sanctions for policy violations, criminal sanctions, the health risks associated with alcohol and other drug use, and places to get help concerning the use and/or abuse of alcohol and other drugs can be found in Western’s Annual Security and Fire Safety report.

Disciplinary Sanctions

Disciplinary sanctions for violation of policies will be established by the following University processes:

Students

  • Student Conduct Code in the Western Washington University General Catalog; (WAC 516-21)
  • Housing Agreement in the Residential Community Handbook for residents; and
  • Penalties defined by local, state, and federal laws.


Faculty


Exempt Staff

 

Classified Staff

POL-U5410.04 Drug and Alcohol Testing for U.S. Department of Transportation Compliance, as well as in accordance with Personnel Resources Board rules and collective bargaining agreements:

  • WAC 357

    • chapter 40 discipline
    • chapter 46 layoff and separation, and
    • chapter 52 appeals
  • RCW Title 41

    • chapter 41.56 public employees collective bargaining
    • chapter 41.58 public employees labor relations
    • chapter 41.59 educational employment relations act
    • chapter 41.64 personnel appeals board; as well as
    • Penalties defined by local, state, and federal laws.

 

Liquor and Drug Laws: Local

City of Bellingham Liquor and Drug Ordinances

Title 8: Parks, Cemeteries and Public Places
8.12.070 Intoxication 
A. It is unlawful for any person who is under the influence of or affected by intoxicating liquor or narcotic or habit-forming drugs to operate or be in actual physical control of any watercraft. 
B. It is unlawful for the owner of any watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is under the influence of or affected by intoxicating liquor, narcotic or habit-forming drugs. 
[Prior code § 10.12.070.] 

Title 10: Criminal Code
10.08.020 Possession of marijuana or marijuana infused products prohibited – Penalties
A. It is unlawful for any person under the age of 21 years to possess 40 grams or less of marijuana in the city. It is unlawful for anyone to possess between 28.3 grams and 40 grams of marijuana in the city.
B. It is unlawful for any person to possess more than 16 ounces of marijuana-infused product in solid form or more than 72 ounces of marijuana-infused product in liquid form. It is unlawful for any person under the age of 21 years to possess any amount of solid or liquid marijuana-infused product.
C. Possession of marijuana or marijuana-infused product in violation of this section shall be considered a misdemeanor.
D. A person who is convicted of a misdemeanor under this section shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. [Ord. 2012-12-063 § 2; Ord. 10371 § 3, 1992; Ord. 8573 § 2(B), 1977].

10.08.030 Unlawful Inhalation 
It is unlawful to intentionally smell or inhale the fumes from any glue, cement, or other product containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl, alcohol, ethyl alcohol, ethylene, dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentochlorophenol, petroleum ether or toluene for the purpose of becoming intoxicated, inebriated, excited, or stupefied; provided this section shall not be construed as applying to the inhalation of any anesthesia for medical or dental purposes. 
B. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100 or by imprisonment for not more than 30 days, or by both. 
[Ord. 10548 §3, 1994; Ord. 8573 §2(C), 1977.] 

10.08.070 Opening, Possessing, Or Consuming Liquor In A Public Place 
(1) It is unlawful for any person to open any package containing liquor, to possess any open container of liquor, or to consume any liquor in a public place, except in those areas or at those events that have appropriate licensing from the State of Washington and written permission of the authorized public official. (2) Every person who violates any provision of this section shall be guilty of a civil infraction. 
[Ord. 1999-09-057; Ord. 10507 §2, 1994; Ord. 10371 §1, 1992] 

10.08.080 Opening Or Consuming Marijuana In A Public Place
A. It is unlawful to open a package containing marijuana or a marijuana-infused product, or to consume or use marijuana or a marijuana-infused product in a place which is open to the view of the general public.
B. Every person who violates any provision of this section shall be guilty of a civil infraction. [Ord. 2012-12-063 § 3].

10.08.090 Unlawful Transfer Or Use Of Identification
It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee or store employee. Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under 21 years of age, shall be guilty of a misdemeanor, except that a minimum fine of $250.00 shall be imposed and any sentence requiring community service shall require not fewer than 25 hours of such service. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor, except that a minimum fine of $250.00 shall be imposed and any sentence requiring community service shall require not fewer than 25 hours of such service. [Ord. 10912 § 4, 1997].

Title 12: Harbors and Lakes
12.12.160 Intoxication
A. It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or of any drug to operate, propel, or be in actual physical control of a watercraft within the city. 
B. No owner of a watercraft or person in charge or control of a watercraft shall authorize or knowingly permit the watercraft to be propelled or operated by any person who is under the influence of or affected by the use of intoxicating liquor or any drug. 
C. Whenever it appears reasonably certain to any police officer that any person under the influence or affected by the use of intoxicating liquor or any drug is about to operate a watercraft or vessel in violation of subsection A of this section, the officer may take reasonable measures to prevent any such person from so doing, either by taking from him or the watercraft the keys of such watercraft and securing the same by impounding them, or by some other appropriate means. Such keys or other articles which may be impounded in order to immobilize the watercraft may be returned to the owner or person in question upon proper identification if it appears there is no longer any reasonable cause to believe that the subject watercraft will be operated by a person under the influence of or affected by intoxicating liquor or any drug. 
[Ord. 8655 § 3(N), 1978.] 

Whatcom County Liquor and Drug Laws

CONSUMPTION AND POSESSION OF INTOXICATING LIQUORS BY MINORS 
9.28.010 Unlawful acquisition, consumption and possession

It is unlawful for any person under the age of 21 years to acquire in any manner, consume or have in his possession any intoxicating liquor; provided, that the foregoing shall not apply in the case of liquor given or permitted to be given to such person under the age of 21 years by his parent or guardian for beverage or medicinal purposes, or administered to him by his physician or dentist for medicinal purposes. (Prior code § 5.16.010). 

9.28.020
Unlawful supply to minors.

It is unlawful for any person to give, or otherwise supply, intoxicating liquor to any person under the age of 21 years, or permit any person under that age to consume intoxicating liquor on his premises or on any premises under his control, except as provided in Section 9.28.010. (Prior code § 5.16.020). 

9.28.030
Violation -- Penalties.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $10.00 nor more than $100.00 or imprisonment in the county jail for not less than five days nor more than 30 days. (Prior code § 5.16.030).

Liquor and Drug Laws: State

State of Washington Liquor and Drug Laws

Driving Under the Influence of Drugs and/or Liquor
RCW Chapter 46.61 Rules of the Road (see section 500-540)

Liquor Laws
RCW Title 66 ALCOHOLIC BEVERAGE CONTROL
RCW 66.04.010Definitions
RCW 66.28.200 Keg registration –Special endorsement for grocery store licensee – Requirements of seller
RCW 66.28.210 Keg registration – Requirements of purchaser
RCW 28.28.230 Keg registration – Furnishing to minors - Penalties
RCW Chapter 66.44 Enforcement - Penalties

Drug Laws
RCW Chapter 69.50 Uniform Controlled Substances Act

RCW Chapter 69.52 Imitation Controlled Substances

Liquor and Drug Laws: Federal

21 U.S.C. Chapter 13 Drug Abuse Prevention and Control
21 U.S.C. Chapter 24 International Narcotics Trafficking
42 U.S.C. Chapter 136 Violent Crime Control and Law Enforcement, Subchapter IV -- Drug Control

Page Updated 11.06.2017