Ben Overby
Staff Writer
The News periodically reports what crimes have occured on campus in our weekly paper. After noticing a difference in punishments for possession of marijuana, The News sat down with Interim Chief of Murray State Police Jeff Gentry.
Murray State’s crime and fire log provides a record for all criminal activity on campus. Marijuana possession is one of the most common crimes on the list can result in two different punishments: being issued a citation or being referred for administrative action.
Since Aug. 1, there have been five reports of possession of marijuana and three reports of possession of marijuana and drug paraphernalia. Of the eight total reports, citations were issued for five of them and three were referred for administrative action from Title IX, student affairs or Housing. Three of the citations were issued for the three reports of possession of marijuana and drug paraphernalia, while the other two citations and three referrals were for the five reports of possession of marijuana.
Gentry said the decision between which punishment is issued is determined on a case-by-case basis, rather than by a strict set of criteria.
When a citation is issued and criminal charges brought forth, the punishment is determined by a judicial court, not the Murray State Police Department.
Murray State’s 2020-21 handbook categorizes alcohol and drug policy violations into four categories based on severity. The levels of severity vary from A, the lowest level, to D, the highest. Marijuana possession is categorized as a category B violation.
According to the handbook, the first offense of a category B drug violation is a $100 fine. This is followed by a $150 fine on the second offense and a $200 fine, as well as suspension, on the third offense. A charge often connected to marijuana possession is possession of drug paraphernalia.
Possession of drug-related paraphernalia is considered a category A offense. The punishments for this offense are more lenient than those for marijuana possession. The first offense is a $50 fine. The second offense is a $100 fine. The third offense is a $150 fine and the fourth offense is a $200 fine and suspension.
The Murray State Police Department adheres to the same definition of drug-related paraphernalia as all Kentucky law enforcement.
“‘Drug paraphernalia’ means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body,” according to Kentucky Revised Statutes 218A.510.
The list of paraphernalia provided in the statute is a wide range. Examples that apply to marijuana include kits designed for growing marijuana, as well as isomerization devices used to increase potency and scales intended for use in weighing or measuring controlled substances. Capsules, balloons, envelopes and other containers intended for packaging small quantities of controlled substances are also included.
The statute also provides a detailed list of objects considered paraphernalia used for ingesting illegal substances, including marijuana.
“Objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers,” according to the statute.
Click here see the full Murray State crime and fire log.
