Off Campus Pot Arrest Not Grounds For Expulsion, State Supreme Court Rules

A Connecticut school board’s decision to expel a high school senior for possession of marijuana off school grounds violated constitutional guarantees, the state Supreme Court ruled this week.
“A ‘War on Drugs’ does not have to be a war on the Constitution,” said attorney William Conti, who challenged the school policy. “People have rights. An education is guaranteed in the Constitution. [This ruling] is a terrific victory for students everywhere.”
The high court determined a school board may only expel a student for an off-campus action that “markedly interrupts or severely impedes the day-to-day operation of a school,” and not merely because the student’s action violated school policy. The court stated that conduct such as a telephoned bomb threat, or threatening harm to a teacher while off campus were adequate grounds for expulsion. The court found the controlling statute too vague to support the school board’s claim that the simple possession of marijuana off school grounds was “seriously disruptive [to] the educational process.”
For more information, please contact either attorney Keith Stroup of NORML @ (202) 483-5500 or attorney Tanya Kangas @ (202) 483-8751.