As states like Illinois legalize or decriminalize the use of marijuana for medical and recreational purposes, how school districts discipline students (and staff) who use cannabis must evolve accordingly. Under federal law, the Controlled Substances Act (CSA), marijuana is classified as a Schedule I drug; it has no currently accepted medical use and has a high potential for abuse or dependency. As such, possession, distribution, and use of marijuana remains illegal at the federal level. The U.S. Department of Justice, however, has generally deferred to state legalization and has not prioritized enforcement of the CSA at the local level. In June 2019, the U.S. House of Representatives approved a measure to prohibit the Department of Justice (DOJ) from interfering with a state’s decision to implement laws governing the use of cannabis, marking a historic beginning to federal cannabis policy reform.
Illinois is considered progressive in its acceptance of cannabis, compared to most other states. Medical marijuana is currently accepted in Illinois under the Compassionate Use of Medical Cannabis Pilot Program Act. More recently, Governor J.B. Pritzker signed into law Public Act 101-0027, known as the Cannabis Regulation and Tax Act (CRTA), legalizing the possession, use, and sale of marijuana for recreational purposes effective January 1, 2020. The CRTA treats marijuana in a manner similar to alcohol; legal for adults over the age of 21 and to be taxed and sold through legitimate businesses. Schools remain drug-free learning environments through an explicit provision in the CRTA prohibiting the possession and use of cannabis on school grounds. An important exception to drug-free schools lies in Illinois School Code 105 ILCS 5/22-33, “Ashley’s Law,” which allows students to use medical cannabis on school grounds.
It is difficult to predict how the CRTA will impact school district response to student possession and use of marijuana on school grounds, in the midst of a state climate shift to acceptance of adult recreational marijuana use. Keeping schools safe and substance-free remains a priority, and stakeholders have expressed concerns about easier access to marijuana by youth in states where marijuana is legal or decriminalized. The American Academy of Pediatrics, for example, opposes the legalization of marijuana due to potential harm to children but notes in its 2015 position paper, “[with few exceptions] in all states where medical marijuana has been legalized, marijuana use by minors has been stable or has decreased.” The theory that legalizing marijuana for adult recreational use will result in increased marijuana use among youth is unfounded. A police sting operation targeting 30 dispensaries in the Denver area found them only 92% compliant with respect to selling to minors, but more recent data indicates that marijuana use among teens dropped dramatically after Colorado legalized recreational marijuana. Across the nation, teen drug use is at a 20-year low. It is crucial that school districts consider the root causes of student drug use and effective interventions to combat drug use, as opposed to approaching drug use through a purely punitive lens.
Illinois law governing student discipline falls under 105 ILCS 10-22.6, and in September 2016, the state dramatically changed school disciplinary policies and practices with the implementation of Senate Bill 100. Notably, SB 100 prohibits zero tolerance policies that require schools to suspend or expel students for particular offenses and places limits and procedural requirements for the use of exclusionary discipline. The law also obliges school districts to exhaust other appropriate and available behavioral and disciplinary interventions and encourages the availability of support services to students. “Appropriate and available supports services” are determined by school authorities under this provision, and when removing a student from school for longer than 3 days, schools must document whether other interventions were attempted or whether it was determined that there were no other appropriate and available interventions.
While school districts grapple with implement fair and appropriate disciplinary procedures, it is imperative that districts ensure their practices are effective at promoting their goal. If the goal is to keep schools safe and prevent student drug use, interventions must be accordingly matched. Researchers compared policies in Washington state and Victoria, Australia, finding that students in Washington who were suspended and reported to the police for drug use were 1.6 times more likely to use marijuana again, as opposed to Victoria’s students who were 50 percent less likely to reuse after referral to counseling in lieu of suspension. Data shows that suspension is an ineffective deterrent for drug use, which is a compelling argument to minimize the use of exclusionary discipline to combat drugs in school.
Chicago Public Schools recently amended its Student Code of Conduct in order to shift a more therapeutic approach toward substance use. The changes, adopted at the June 2019 Board of Education meeting and effective September 3, 2019, classify the use or possession of drugs as “very seriously disruptive behavior,” warranting interventions and consequences that may include a teacher/student/parent/administrator conference, detention, a suspension of up to three days, or other “recommended instructive, corrective or restorative responses.” Under the previous Code of Conduct, the possession or use of drugs was an offense eligible for longer suspensions and expulsion. Chicago Public Schools Chief of Safety and Security Jadine Chou stated that the district has been moving “toward more appropriate responses for infractions that help get to the root of the issue, moving away from merely punitive [responses]” in order for students to get needed support.
School districts have the opportunity, particularly under the provisions of SB 100, to truly consider alternatives to suspension and expulsion as a response to student drug use. All school leaders are tasked with the challenge to create discipline policy that achieves the goal of maintaining safe schools while promoting student wellness. Suggestions for discipline reform include minimizing the use of exclusionary disciplinary for minor drug offenses, expanding referrals to drug counseling resources for students in need, and educating all stakeholders (families, school staff, community partners) in effective practices to combat student drug use. These approaches are an important piece of a school climate shift from punitive reaction to therapeutic intervention, which ultimately achieves the goal of student health, wellness, and safety.
Jennifer Sabourin is a law student at Loyola University Chicago and wrote this blog post as part of the Education Law Practicum.
