College Students Suing Schools for Cannabis-Driven Expulsions — Cannabis Law Group’s Health-related Marijuana Legal Weblog — October 26, 2019

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When it comes to cannabis conflict in between state and federal marijuana laws, college campuses are rapid becoming a essential battleground. Difficult decades-old drug policies at universities across the nation, students (and former students) in states exactly where the drug is legal are taking their schools to court more than marijuana-driven discipline.

Our Los Angeles marijuana lawyers can clarify that many schools have taken action against students for working with the drug in violation of campus guidelines. Representatives for the schools say they have small decision. They danger the loss of invaluable federal dollars if they violate U.S. law, which considers the drug a Schedule I narcotic – one thing hugely unsafe, addictive and with no medicinal worth.

This has been a specific trouble for these studying specific health-related specialties (like nursing) who should submit to random drug testing according to to college policy.

In one particular case out of Arizona, a student studying diagnostic sonography alleges she was wrongfully expelled for working with health-related marijuana prescribed to treat chronic discomfort, the outcome of polycystic ovary syndrome, characterized by irregular, extended and painful menstrual cycles. There is no identified remedy and it impacts 1 in 10 menstruating ladies. Even even though she told USA Now she is in no way beneath the influence of the drug in class (she makes use of it to aid her sleep, she mentioned), the school’s drug policy is one particular of zero tolerance. When she tested good for the drug, one particular of her professors assured her there would be no situation as lengthy as she had a health-related marijuana card. The professor was incorrect. College administrators showed up mid-lesson and escorted her off campus. She’s now suing, alleging violation of rights beneath Arizona’s health-related marijuana law.

Additional, that student (along with quite a few other individuals) mentioned many overall health workers employed by the university gave them the green light to use marijuana for medicinal purposes, so lengthy as they had a health-related marijuana card. Then, greater-ranking administrators stepped in and reversed course.

In taking legal action against the college, students expelled for health-related marijuana use are looking for reimbursement for tuition spent on several expenditures plus extra damages. For its element, the college maintains it has a zero tolerance policy. Numerous schools sustain codes of conduct that expressly state students with health-related marijuana cards cannot use the drug on campus or in residence halls and that these who do will be topic to disciplinary action and/or arrest.

It is uncertain how the case will play out, but courts and lawmakers have been grappling with this for years. In 2012, lawmakers in Arizona banned health-related marijuana on college campuses. Even so, the state supreme court successfully repealed that law final year in ruling that the Arizona Health-related Marijuana Act of 2010 protects students working with health-related marijuana. That law does stipulate health-related marijuana is banned at prek-12 schools, but tends to make no mention of college campuses. In the state supreme court ruling, justices wrote that the state failed to show a university would drop – or has ever lost – federal funding as a outcome of a state prosecutor’s decision not to prosecute violations of university policy. Some schools have been reviewing their policies as a outcome, but clearly some have however to adjust.

This is not just an Arizona trouble. As it stands, 33 states plus Washington, D.C., enable medicinal marijuana and 11 states (like California) have legalized recreational marijuana – laws that continue to clash with arcane federal drug laws.

In one more case out of Connecticut, a nursing student sued university immediately after testing good for the drug, which she obtained with a health-related marijuana card in her residence state of Massachusetts. That lawsuit was later settled with the court ordering the college to enable her to return to her rounds. Prior to the settlement, she had stopped working with marijuana and passed her drug screens.

In Florida, a lady is suing her former university immediately after she was expelled from the nursing plan when she tested good for the drug – even even though she had a health-related marijuana card. That lawsuit is nonetheless pending.

Most all legal challenges against colleges and universities on this front seem to have been brought by customers of health-related, not recreational, marijuana. This tends to make sense taking into consideration most states call for folks to be at least 21 to possess/use the drug for recreation, leaving most college students boxed out. Health-related marijuana, even though, is diverse. Most state laws say if you are 18 with a health-related marijuana card (or beneath 18 with a health-related marijuana card AND parental approval), you can legally use the drug as medicine.

It need to be noted that even if universities insist on getting some kind of anti-marijuana policy, there is no law that says they have to expel students. Considerably of this is at the school’s discretion.

A college education is an investment, and students/health-related marijuana sufferers endure tangible losses when action like this is taken. It is crucial to talk about your rights with an skilled marijuana lawyer who can advise you of how you may well recover these damages and resume your profession path.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary organizations, sufferers, physicians and these facing marijuana charges. Contact us at 714-937-2050.

Added Sources:

She was expelled for working with prescribed health-related marijuana, now she’s suing the college, Oct. 28, 2019, By Dave Collins, USA Now

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