The Effects of Marijuana Legalization on Schools Property and Casualty Coverage for Education (PACE) Conference Marilee Scarbrough In-House Legal Counsel, Vancouver Public Schools April 21, 2016
Objectives At the end of this session, you will be able to: 1.Identify a quick and effective staff communication tool regarding the district s prohibition of recreational marijuana; 2.Effectively and strategically update district drug policies and procedures; and 3.Systematically and uniformly train staff on how to maintain a marijuana free environment.
Why is it important to talk about the legalization of recreational Marijuana?
Washington State Law 1. 21 years of age and over; 2. Cannot be used in view of the public; 3. May possess one ounce of usable marijuana, 16 ounces of edibles, 72 ounces in liquid form and 7 grams of concentrates; and 4. Illegal to drive under influence or sell to a minor.
Retail Marijuana in Washington can only legally be sold and purchased at state-licensed retail stores. The City of Vancouver received $790,516.24 for marijuana sales last fiscal year.
Rick Steves American authority on European Travel I support the decriminalization of marijuana among responsible adult users in the USA. I believe, however, that if mature adults want to smoke marijuana recreationally in the privacy of their own homes that is their own decision.
What are mitigating factors that may assist school districts?
Protections in the Law 1,000 feet
Federal Law: DOJ Guidance Establishes Priorities 1. Preventing the distribution to minors. 2. Preventing revenue from the sale of marijuana from going to criminal enterprises. 3. Preventing the diversion of marijuana from legal states to illegal states.
Educate Students- Engage Community Partners Prevent Clark County collaboration, awareness, reduce youth substance abuse; Includes parents, youth, schools, media, businesses, government, faith communities, law enforcement, healthcare professionals, ESD and other prevention organizations; Encourage youth to make healthy choices; Prevention strategies: Training Summits Youth involvement Parent Information
What basic information does school staff need to know?
1936 movie about the ill effects of marijuana Hit and Run Accident Manslaughter Suicide Attempted Rape Hallucinations Descent Into Madness
Edible Products, E-Cigarettes, Concentrates
Objective 1: Identify a quick and effective staff communication tool regarding the district s prohibition of recreational marijuana.
Schools remain drug-free and alcohol-free zones Drug Free Workplace Act of 1988 is unchanged by the legalization of recreational marijuana
V. Employee notice designed specifically to address recreational marijuana use. One page flyer Sent to all staff Remind staff that the district prohibits: Marijuana Marijuana Infused Products Being under the influence includes any detectable level of alcohol or drugs
Objective 2: Effectively and strategically update district drug policies and procedures
Marijuana Board Policy and Procedure should be used as the foundation for training and disciplinary action, if needed.
VI. Update Board Policy and Procedure (Step One of Three) Add cannabis or marijuana and marijuana infused products Vancouver: Controlled substances, which includes all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis (including products made with or infused with these substances
Grab Bag Scenario An employee leaves a baggie of marijuana in a sweater pocket. As he is teaching class, students spot the marijuana. One student grabs the bag and says, What is this? The teacher hurriedly sticks the substance back in his pocket says, Nothing. Now get back to work. News of the incident spreads rapidly and eventually reaches the principal s office. What would you do?
VII. Update Policy and Procedure (Step Two of Three) Policy must include language that discipline is possible for any detectable level of alcohol or drugs. Vancouver: Under the Influence is defined as any noticeable use, any detectable level of alcohol or drugs in the employee s blood or urine, or any noticeable or perceptible impairment of the employee s mental or physical faculties.
Drug Testing Random testing for bus drivers.
Secondary High Exemplary teacher revered by students and respected by colleagues. This teacher greets you as you enter the building on a Tuesday morning. You think you smell the odor of marijuana but you tell yourself it was probably something else. The next day, Wednesday morning, you intentionally position yourself so you can greet this teacher entering the building. This time you are sure that it is a very strong smell of marijuana. You have no other indicators that this individual may be under the influence. No red eyes. No slurred speech. What do you do?
VIII. Update Policy and Procedure (Step Three of Three) Make sure that policy and procedure includes drug prohibited by federal or state law. Vancouver: whose sale, purchase, transfer, use, or possession is prohibited or restricted by state or federal law.
Washington Supreme Court Roe v. TeleTech Customer Care Management, 171 Wash.2d 736, 257 P.3d 586 (2011)
Medical Marijuana? Mary J. has a prescription for medical marijuana. Mary confides in a colleague that she is now addicted to recreational marijuana and smokes almost every day. Colleague advises Mary to inform the principal, if Mary doesn t confess, the colleague plans to inform the principal. Colleague informs principal. What do you do?
Objective 3: Systematically and uniformly train staff how to maintain a marijuana free environment.
Pot is legal in Washington, but it can still land you in jail Time Magazine July 2014 And it can still get you fired.
Train Human Resources and Security Staff Contents of district policy and procedure; Verify employee training; Timely investigation; and Knowledge of evidence to collect.
To avoid a bigger problem 1.Update training materials frequently; and 2. Repeat Training Annually.
In Summary 1. Give them a one pager 1. Update the district s policy and regulation to: a. include marijuana and marijuana infused products; b. define under the influence to include any detectable levels of drugs c. include all drugs prohibited by state or federal laws. 3. Provide annual staff training.
Thank You Marilee Scarbrough, Legal Counsel Vancouver School District Marilee.Scarbrough@vansd.org