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THC Disciplinary Issues

THC Disciplinary Issues. October 2019 JPM Pupil Personnel Services. What’s the difference between THC & CBD?

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THC Disciplinary Issues

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  1. THC Disciplinary Issues October 2019 JPM Pupil Personnel Services

  2. What’s the difference between THC & CBD? • CBD (cannabidiol) is the substance found in both cannabis plants and hemp plants. It is not psychoactive and produces no “high.” CBD must be closely licensed, tested, and regulated in order to be legal in Texas. • THC (tetrahydrocannabinol) is the illegal psychoactive ingredient in marijuana and is used exclusively as a recreational drug. • CBD does NOT legally exist in a liquid/oil form.

  3. Why do we expel for THC but not for marijuana? • The potential potency of THC oil can be 3-10 times that of marijuana in plant form. Possession of less than an ounce of THC oil is a state jail felony.Possession of up to 2 ounces of marijuana is a Class B misdemeanor. • Texas Education Code 37.007 requires that students SHALL be expelled for certain conduct (to include marijuana offenses) if the conduct is punishable as a felony. f

  4. What are the legal requirements for a search? • Students have a Constitutional right to be free from “unreasonable” searches while on school property or while attending school activities. • A “reasonable” search meets 2 criteria: • It is “justified at inception” – i.e. there are plausible grounds that the search will reveal evidence of a Student Code of Conduct (SCOC) violation. • It is “permissible in scope” – i.e. the measures used were related to the objective of the search and the search was not intrusive given the age & sex of the student.

  5. Protocol Resulting in Campus-Based Consequence

  6. Protocol Resulting in Expulsion Recommendation

  7. Important Reminders • As Principal/Campus Behavior Coordinator you are NOT making an expulsion recommendation based on violation of Penal Code – i.e. whether or not NEPD opts to file charges does not dictate your recommendation. • An administrator must request a field test from the NEPD Officer in accordance with SB 1707 regarding duties of campus law enforcement officers. • Accessing a student’s cell phone must meet the criteria for reasonable search. For example, it is reasonable to search a student’s phone if a studentalleges that communications about a drug exchange were made via text. It would likely be unreasonable to search a phone merely because a student appears under the influence. • Expulsions are appealable on 2 levels – initially to an Administrative Review Committee and ultimately to the Board of Trustees.

  8. Student-Parent Handbook Access

  9. witFor Questions or Help PPS Hearing Officers 210-407-0070 Christi Wilbur 210-407-0377 cwilbu@neisd.net Brent Brummet 210-407-0383 bbrumm@neisd.net

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