BRM — Briarmont Municipal Code
The law of Briarmont Township and Hartwell County — 136 California offenses as they are charged here, plus the 11 local BRM ordinances. Each entry carries its citation, its class, the maximum fine and term, and whether probation or community service is available. Published with permission by the Hartwell County Sheriff's Department.
Illegal Marijuana/Hashish - College
CEC § – 48900 – Misdemeanor
HSC § 11357 – Misdemeanor
Establishes unlawfulness of possession, use, sale and being under the influence of a controlled substance while on school grounds or attending a school-sponsored activity. The Control, Regulate and Tax Adult Use of Marijuana Act, also known as Proposition 64, legalizes recreational cannabis use for adults 21 and older, but does not change laws banning the use of marijuana by Preschool -12 students or on school campuses. Oakridge College remedies, beyond HCSD: Disciplinary probation. Fines. Formal reprimands. Loss of financial aid and/or housing.
(a) Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows:
(1)Persons under 18 years of age are guilty of an infraction and shall be required to:
(A) Upon a finding that a first offense has been committed, complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days.
(B)Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days.
(2) Persons at least 18 years of age but less than 21 years of age are guilty of an infraction and punishable by a fine of not more than one hundred dollars ($100).
(b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:
(1) Persons under 18 years of age who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction and shall be required to:
(A)Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.
(B) Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.
(2) Persons 18 years of age or older who possess more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(c)Except as authorized by law, a person 18 years of age or older who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished as follows:
(1)A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2)A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
(d) Except as authorized by law, a person under 18 years of age who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of an infraction and shall be punished in the same manner provided in paragraph (1) of subdivision (b).
California leads the nation in allowing the possession and use of small amounts of marijuana for medical-related purposes. Even though members of a fraternity may have complied with California law for the purpose of possessing and using medical marijuana, that does not exempt them from obeying fraternity rules requiring compliance with state and federal laws regarding drugs. Irrespective of the fact that the medical use of marijuana may, in certain circumstances, be exempt from prosecution for violation of state laws in California, the use and possession of marijuana remain illegal under federal law. As a result, the medical use of marijuana in a chapter house would still be illegal and therefore a violation of fraternity regulations requiring compliance with all drug laws.
Oakridge College remedies/failure to follow sanctions: Suspension/Interim Suspension or Removal/Dismissed of Fraternity or Sorority