JFCG/JFCH/JFCI - Use of Tobacco, Alcohol or Drugs

Code: JFCG/JFCH/JFCI
Adopted: 8/94
Re-adopted: 8/13/97; 2/28/07; 8/27/14
Original Code: 7982


The personal use of tobacco products, controlled substances, alcoholic beverages and intoxicants by students shall be prohibited on all district property.

The manufacturing, distribution, dispensing and/or use of tobacco products, alcohol or illicit drugs by students is prohibited while on district property, during school hours (including meal periods), during breaks and while attending any and/all school functions, including those held after or in addition to regular school hours.

Use or Possession

A student shall not knowingly be under the influence, possess, use, transport, administer or manufacture a controlled substance, tobacco products, alcoholic beverages or intoxicant of any kind while present on district property, engaged in a school-related activity, either on or off the district property or while traveling to or from school or a school sponsored activity or athletic event in any vehicle furnished by the district for such travel.

Sale or Delivery

A student or other person shall not sell, deliver, furnish or give away tobacco products, a controlled substance, alcoholic beverages or intoxicants of any kind while on district property or within 1,000 feet of district property, engaged in a school-related activity, either on or off district property or while traveling to or from school or a school-sponsored activity or athletic event in any vehicle furnished by the district for such travel.

Drug Paraphernalia

A student or other person shall not possess, sell, deliver or manufacture drug paraphernalia while on district property, engaged in a school-related activity or attending a school-related activity.

Confiscation

Any tobacco products, controlled substances, alcoholic beverage, intoxicant or drug paraphernalia found on district property or in the possession of a student or person in violation of this policy shall be confiscated by school personnel in accordance with administrative regulations as established by the district.

Penalties

Any student or person who engages in any of the prohibited conduct outlined above may be subject to the following:

  1. A criminal or juvenile action if the violation is such that it warrants a referral to an appropriate agency;
  1. Removal from district property or the area where the school-related activity is being conducted;
  1. In the case of a student, disciplinary action up to and including expulsion.
  1. Parents will be notified of all violations involving their student and subsequent action taken by the school.  Information about cessation support and/or research-based tobacco education programs and how students can access these programs will be provided.  At the discretion of the building principal, attendance and completion of such programs, or successful completion of a behavior modification plan, may be allowed as a substitute for, or as part of student discipline.

Definitions

The following definitions apply to this policy:

  1. For the purpose of this policy “tobacco” is defined to include any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product, spit tobacco, also known as smokeless, dip, chew, snuff, in any form, nicotine or nicotine delivering devices, chemicals or devices that produce the physical effect of nicotine substances or any other tobacco substitute (e.g., e-cigarettes). 
  1. “Controlled substance” means a drug or its immediate precursor classified in Schedules 1 through 5 under the Federal Controlled Substance Act, 21 USC SS 811 to 812 as modified under Oregon Revised Statutes.  By way of example, but not limitation, a controlled substance includes:  marijuana, including all parts of the plant, Cannabis family Moraceae, whether growing or not, the seeds thereof, the resin extracted from any part of said plant and any compound, manufacture, sale derivative, mixture or preparation of said plant, its seeds or resin, coca leaves, morphine, cocaine, LSD, hallucinogenic drugs, opium, heroin, amphetamines, methamphetamine, barbiturates, derivatives thereof or any other drugs having similar properties;
  1. “Alcoholic beverages” means any beverage having an alcoholic content, with the exception of medicines lawfully and duly prescribed by a licensed physician.  Alcoholic beverages shall include:  beer, wine, whiskey, liquors or any other beverage containing any alcohol content whatsoever, whether mixed or otherwise;
  1. “Intoxicant” means any substance including controlled substances and alcoholic beverages as defined above, which is toxic, corrosive, an irritant, a strong sensitizer, flammable, combustible, generates or is used to generate pressure, if such substance or mixture of substances may cause substantial personal injury or severe illness when induced by any means into the human body;
  1. “Drug paraphernalia” means all equipment, products and materials of any kind which are marketed for the use or designed for the use in manufacturing, compounding, converting, producing, processing, preparing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise inducing into the human body a controlled substance or intoxicant.

Prescribed Medicines

Nothing in this policy will prohibit a student from possession or using medicines prescribed by a licensed physician or in the case of non-prescription medicines, authorized in writing by a parent or physician or dispensed through the school nurse or student health center.  However, the use of or distribution of any prescription medicine other than for the specific person for whom the medicine is prescribed is a violation of this policy.
 


Legal Reference(s)

ORS 161.605
ORS 161.625
ORS 163.575
ORS 167.400
ORS 332.107
ORS 336.067
ORS 336.222
ORS 336.227
ORS 339.240
ORS 339.250
ORS 339.865
ORS 431.840
ORS 431.845
ORS 433.835 - 433.990
ORS Chapter 475
OAR 581-021-0050 to -0075
OAR 581-022-0413
OAR 581-053-0015
OAR 581-053-0545 (4)(c)(R,S,T)
OAR 581-053-0550 (5)(t,u,v)
OAR 584-020-0040 

Controlled Substances Act, 21 U.S.C. Section 812, schedules I through V; 21 CFR 1308.11-1308.15 (2000).
Pro-Children Act of 1994, 20 U.S.C. Sections 6081-6084.