Laws, Policies, and Ordinances Involving Alcohol & Other Drugs

The University of Michigan-Ann Arbor is committed to providing a safe, healthy learning community for all its members. We know that alcohol and other drug use may interfere with this mission by negatively affecting the health and safety of students, faculty, and staff. U-M therefore has policies in place designed to reduce the harmful consequences of alcohol and other drug use and promote well-being, in addition to adhering to federal, state, and local laws and ordinances.

Members of the university community can be held accountable for violations of these federal, state, and local laws and ordinances, as well as the University Policy on Alcohol and Other Drug Use and the Statement of Student Rights and Responsibilities. 

What You Need to Know about Laws, Policies, and Ordinances Involving Alcohol & Other Drugs

Under 21

  • It is illegal to drink alcohol if you are under 21 and can result in a Minor in Possession (MIP) violation.
  • It is illegal to purchase, provide or serve alcohol to anyone under 21.
  • The body is considered a container. If someone under the age of 21 has consumed alcohol and police have a reasonable suspicion that they have been consuming alcohol, police can issue an MIP.

Driving under the influence

  • It is illegal for those under 21 to drive after drinking any amount of alcohol.
  • It is illegal for those 21 and older to drive with a blood alcohol content (BAC) of .08 or higher, or any BAC if the driver appears impaired.
  • In the City of Ann Arbor and on the U-M campus, it is illegal to drive under the influence of cannabis.

Public urination

  • It is illegal to urinate in any public place not designated for that purpose including alley space.
  • A person caught urinating in public may be charged with indecent exposure.

Parties

  • It is illegal to serve alcohol to anyone under 21 at a private party.
  • Hosts can be held responsible for injuries an intoxicated person causes or incurs at and after leaving a party.
  • Police may issue noise violations if any unreasonable noise may be heard beyond the property line and/or is disturbing others. There is a specific city ordinance that covers the hours of 10 p.m. — 7 a.m.

Open containers

  • Consuming alcohol, beer, or wine on public property is illegal in Ann Arbor.  Public property includes sidewalks, streets, alleys, parks, parking structures/lots. An open container is any alcoholic beverage where the seal has been broken (this includes borgs). If the seal has been broken and you are on public property, then you can be charged with a misdemeanor crime.
  • It is a violation of university policy for anyone to consume or possess alcohol inside any university athletic facility, including Michigan Stadium.
  • If in an established social district area, adhere to guidelines within the common area.

Prescription drug misuse

  • It is illegal to misuse prescription medication, i.e. continue to use medication when the prescription is no longer valid, use contrary to the prescription, or give or sell drugs to another person. Misusing prescription drugs can result in conviction with jail time.

Cannabis

  • Federal law prohibiting cannabis preempts state laws that legalize the drug. The use of recreational or medicinal cannabis in any form, including edibles and extracts, is prohibited by university policy and federal law.
  • Possession of cannabis on U-M property is a misdemeanor with the possible consequences of fines, arrest, and jail time. For anyone under the age of 21, possession of cannabis in the City of Ann Arbor is a civil infraction with a fine that increases with each subsequent infraction.
  • In the City of Ann Arbor and on the U-M campus, it is illegal to consume cannabis in public, and it is illegal to drive under the influence of cannabis. 
  • For more information please refer to the DPSS Marijuana FAQs page.

Tobacco-free campus

Assault, battery, criminal sexual conduct, and hazing 

  • It is a violation of university policy and state and local law to physically harm, sexually assault or haze another person.
  • Consent for a sexual activity means a clear and unambiguous agreement, expressed outwardly through mutually understandable words or actions. It is always freely given and both people must feel that they are able to express yes or no at any point during sexual activity. The partner escalating sexual activity is responsible for obtaining consent before proceeding. 
  • A person who is incapacitated is unable to give consent. Incapacitation means a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity. When alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication; the level of impairment must be significant enough to render a person unable to give consent.
  • Students should be cautious before engaging in sexual activity when either person has been drinking alcohol or using other drugs.

Parent/family communication 

  • The Family Education Rights and Privacy Act (FERPA) Section 952 allows institutions of higher education to notify parents if a student under the age of 21 commits a disciplinary violation involving alcohol or other drugs.
  • Because of the health and safety risk inherent in alcohol and other drug misuse, U-M notifies parents/family members when first-year students under age 21 are involved in serious or repeated alcohol or other drug events.
  • See also Communication with Parents/Family regarding Alcohol and Other Drug Harm.

Disorderly conduct

  • It is illegal to be intoxicated in a public place and endanger the safety of another person and/or damage property.
  • Any behavior that interferes with the safe operation of a university bus/vehicle or the safe enjoyment of other passengers is a violation of university policy. Examples include vomiting, fighting, urinating, defecating, yelling, jumping, and throwing objects.

Enforcement

  • Police officers from the U-M Division of Public Safety and Security (DPSS) and the City of Ann Arbor cite students for alcohol and other drug-related offenses, both on and off-campus.
  • Police increase enforcement during high-risk times of the year.
  • Medical personnel will not call the police when an underage drinker is at the hospital. 
  • If DPSS or Ann Arbor police are involved, a Minor in Possession (MIP) can be issued.

Medical amnesty

  • The State of Michigan provides for medical amnesty to remove perceived barriers to calling for or seeking help. Individuals who are under the legal drinking age or using other drugs may reasonably expect that if they seek medical assistance for legitimate health care concerns related to alcohol or other drug (AOD) use, they will not face criminal prosecution in connection with their alcohol or other drug use. 
  • This law also provides amnesty from prosecution of the above for those who report experiencing criminal sexual misconduct, or who assist those who report experiencing such misconduct. 
  • The University of Michigan maintains the discretion to refer students for appropriate educational support to reduce future risk and promote a student’s well-being.

Fake IDs

It's illegal to possess, use, or make a false ID.
 

Interested in continuing the conversation?

U-M offers resources to educate campus and community members about the consequences of illegal or excessive alcohol and other drug use, and to assist them with making informed choices. Learn more by contacting: