Mass. School Officials Ponder Effect of Drug Law December 9, 2008
News Summary
The recent decision by Massachusetts voters to decriminalize marijuana is forcing state education and public-safety officials to review school policies related to student possession of marijuana on school property, the MetroWest Daily News reported Dec. 9.
The Question 2 ballot initiative makes possession of less than an ounce of marijuana a civil rather than criminal infraction, punishable by up to a $100 fine for adults over the age of 18. Younger offenders would also be forced to attend a drug-awareness program and perform community service.
However, some officials are concerned that the measure does not address existing laws allowing schools to discipline students who are caught with marijuana, or whether schools will still be allowed to ban the drug from school premises. "That's a concern we have," said Tom Scott, the executive director of the Massachusetts Association of School Superintendents.
"I'd be very surprised if there's a school administration in the state who's not very concerned about this," added Glenn Koocher, the executive director of the Massachusetts Association of School Committees.
The state Department of Elementary and Secondary Education is currently reviewing the measure to determine whether schools will still be able to search student lockers for drugs, for example. Current state law sanctions school suspensions or expulsions for the possession of small amounts of marijuana and schools are not required to accept a student expelled under those regulations.
The measure says that the state is not allowed to impose "any form of penalty, sanction or disqualification on an offender" for possession of a small amount of marijuana, but the text of the measure states that nothing in it repeals existing laws.
Supporters of the measure maintain that their sole intent was to change the penalty for possessing small amounts of marijuana and that the measure does nothing to affect existing regulations. "It is not meant to sit there and undermine school policy," said Whitney A. Taylor, treasurer and chairwoman of the Committee for Sensible Marijuana Policy. The group currently is working with state officials to review the measure.
The new law takes effect on Jan. 2.
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